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O-2004-36
AN ORDINANCE
ADDING SECTIONS 9.50.120 AND 9.50.130 OF TITLE 9 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO PUBLIC PEACE AND SAFETY
BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Section 9.50.120 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.50.120 AGGRESSIVE BEGGING PROHIBITED.
A. No person shall engage in aggressive begging in any public place. Aggressive begging shall mean begging or soliciting accompanied by or followed immediately by one or more of the following:
1. Intentionally continuing to solicit from a person after the person has given a negative response to such solicitation;
2. Intentionally making any physical contact with or touching another person in the course of the solicitation without that person's consent;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting;
4. Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety;
5. Persisting in closely following behind or alongside, or walking immediately ahead of a person who has been solicited with the intent of asking that person for money or other things of value, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or anything of value to the solicitor;
6. Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of the peace; or
7. Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other thing of value.
B. This Section shall not apply to conduct that is regulated by either Chapter 12.17 or Chapter 12.18 of the Lakewood Municipal Code.
SECTION 2. Section 9.50.130 of the Lakewood Municipal Code is hereby added and shall be as follows:
9.50.130 BEGGING IN CERTAIN LOCATIONS PROHIBITED.
A. No person shall beg on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.
B. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of any automated teller machine. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility.
C. No person shall beg when either the beggar or the person being solicited is located in any public transportation vehicle or within twenty (20) feet of any bus or light-rail station or stop.
D. No person shall beg in any public parking lot or public parking structure to which the public or a substantial number of the public has access.
E. No person shall beg within six (6) feet of an entrance to a building to which the public has access.
F. No person shall beg when the person being solicited is located within the patio or sidewalk area of a retail business establishment that serves food and/or beverages.
G. No person shall beg in a public place during the night. Night shall mean one-half hour after sunset until one-half hour before sunrise.
H. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of a public toilet.
I. No person shall beg when either the beggar or the person being solicited is located within twenty (20) feet of any pay telephone provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility.
J. No person shall beg when the person being solicited is waiting in line for tickets, for entry into a building, or for another purpose.
K. For the purposes of this Section, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:
1. Automated teller machine shall mean a device, linked to a financial institution's account record which is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquires, and mortgage and loan payments.
2. Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machines, and any adjacent space, which is made available to banking customers after regular banking hours.
3. Begging or soliciting are interchangeable terms and shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this Section. Begging does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.
4. Financial institution shall mean any bank, industrial bank, credit union,
or savings and loan as defined in Title 11 of the Colorado Revised Statutes.
5. Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground.
L. This Section shall not apply to conduct that is regulated by either Chapter 12.17 or Chapter 12.18 of the Lakewood Municipal Code.
SECTION 3. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 26th day of July, 2004; published in full in the Lakewood Sentinel on the 29th day of July, 2004; set for public hearing on the 9th day of August, 2004; read, finally passed and adopted by the City Council on the 9th day of August, 2004; and, signed and approved by the Mayor on the 10th day of August, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
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