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ORDINANCE: O-2004-36
SUBJECT: Amending Title 9 of the Lakewood Municipal Code pertaining to Public Peace and Safety by the addition of Sections 9.50.120 and 9.50.130 regarding aggressive begging.
ADDRESS: Not applicable.
RECOMMENDATIONS: City Council approve the proposed ordinance.
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Lakewood Municipal Code does not currently regulate begging, unless a person directs his begging at drivers or passengers in vehicles that are traveling upon a street or highway. With the opening of the Belmar District, it would be advisable to have in place municipal ordinances that prohibit aggressive begging and other types of coercive begging. Aggressive begging usually involves approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrians or vehicles.
While the City cannot constitutionally prohibit all begging, it can impose reasonable time, place, and manner restrictions. The proposed ordinance is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest, or engage in other constitutionally protected activity. Rather, the goal of any such restrictions is to protect citizens from the fear and intimidation accompanying certain kinds of solicitations.
The police department is proposing that an ordinance be presented to City Council that would outlaw aggressive begging. Aggressive begging would include begging or soliciting accompanied by or followed immediately by one or more of the following behaviors:
· Continuing to solicit from a person after the person has given a negative response to such solicitation.
· Touching another person in the course of the solicitation without that person's consent.
· Blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means.
· Using violent or threatening gestures toward a person solicited.
· Closely following behind, ahead or alongside a person who has been solicited after that person has given a negative response to such solicitation.
· Using profane, threatening, or abusive language, either during the solicitation or following a refusal.
· Begging in a group of two (2) or more persons in an intimidating fashion.
Additionally, the police department is proposing that begging be restricted in those circumstances where it is considered especially unwanted or bothersome, such as at night, around automated teller machines, public parking lots, or sidewalk cafes, and so forth. These are environments in which persons most likely would feel a heightened sense of fear or alarm at being approached by a stranger. The proposed ordinance's restrictions would be limited to only those certain times and places where persons would naturally feel most insecure in their surroundings. Therefore, the police department is proposing that an ordinance be presented to City Council that would prohibit begging in the following types of locations and at the following times:
· Within twenty (20) feet of any automated teller machine.
· On any public transportation vehicle or within twenty (20) feet of any bus or light-rail station or stop.
· In any public parking lot or public parking structure to which the public or a substantial number of the public has access.
· Within six (6) feet of an entrance to a building.
· From a person located in a sidewalk café.
· From a person waiting in line for tickets, for entry into a building, or for another purpose.
· Within twenty (20) feet of a public toilet or pay telephone.
· In a public place after dark, which would mean one-half hour after sunset until one-half hour before sunrise.
These restrictions would not prohibit 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. For example, a person could solicit at night by holding up a sign requesting money, so long as he does not vocally request money.
DATE OF FIRST READING: July 26, 2004
DATE OF SECOND READING: August 9, 2004
ORIGINATED BY: Police Department
STAFF PERSON RESPONSIBLE: Janet Young. Deputy City Attorney, 303-987-7108
DOCUMENTS ATTACHED: Ordinance 0-2004-36
SUBMITTED BY:
Ronald R. Burns, Chief of Police
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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