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HomeMy WebLinkAbout05/21/2013 05G Panhandlers Regulations - Set Hearing DateBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of- 5/21/2013 ITEM TITLE: Set date of public hearing on June 18, 2013 to receive public input relating to citizen demand for enhanced regulation of panhandlers within the City of Yakima. SUBMITTED BY: Jeff Cutter, City Attorney SUMMARY EXPLANATION: City Council members and the City Manager have been receiving numerous comments from the citizens of Yakima indicating that the occurrence and visibility of panhandlers within the City of Yakima appears to be increasing and has become an issue of concern. In order for the City Council to address these comments and to receive public testimony regarding the nature and location of panhandling activities that may be raising citizen concern the City Council will hold a public hearing at 7:00 p.m. on June 18, 2013 at Yakima City Hall in the City Council Chambers, located at 129 N. 2nd St, Yakima, Washington. The City Council will conduct the public hearing in order that citizens may be heard on the panhandling issue and allow the City staff to document the perceived problem. At the public hearing, the Council will be considering the testimony to determine if any specific panhandling activity is affecting a substantial City interest. The right to beg has been recognized by the Courts as a protected First Amendment Right and any attempt to regulate begging in a traditional public forum is subject to the most stringent Court review. Legislation may not be based solely on public annoyance. If, as a result of the hearing, a specific course of conduct is sufficiently documented as affecting a substantial City interest the Council may direct the City Legal Department to prepare legislation to address the problem. Resolution: Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Council Policy Issue. ATTACHMENTS: ffimm 0 Panhandling-Public Hearing Memo to Mayor .............. Council 5- 2013.doc City Manager Description: Panhandling-Public Hearing Memo to Mayor & Council 5-2013 CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street Yakmm Washuigton %Rn (509)575bQ30 F" (,"P75 61W MEMORANDUM May 10, 2013 TO: Honorable Mayor Micah Cawley and Members of the City Council FROM: Jeff Cutter, City Attorney SUBJECT: Public Hearing Concerning Panhandling You will have the opportunity during the May 21, 2013 City Council meeting to consider setting a public hearing to receive citizen testimony concerning panhandling within the City of Yakima. Tentatively the public hearing is proposed to occur during the Council business meeting on June 18, 2013 to permit citizens to testify regarding issues of concern they may have had with panhandlers within the City. It is reasonable to expect that almost every citizen in the City is annoyed by the panhandling that is occurring in the City and you will likely hear testimony that reflects this general opinion. The reason the testimony of the citizens is important to this issue is that a municipality may not restrict panhandling based solely on mere speculation of harm, public intolerance, or annoyance to citizens.' However, there may be citizens who have experienced moments of real fear or who have altered their course of daily conduct as a result of a panhandler's behavior toward them (for example: choosing not to get out of their car, or not to go into a particular business). These fears do need to be based in logic or reason. Council members may be able to help staff identify conduct warranting regulation by asking focused questions of those testifying that would illicit relevant testimony, perhaps by asking individuals to expand on or explain why they felt afraid or why they altered their course of action as a result of an encounter with a panhandler. It will also be useful to know where the panhandling that is the subject of the testimony took place and at what hour. Should a number of citizens testify, patterns in the testimony may be apparent and Council could provide direction to staff on that basis once the hearing has been closed. The Legal Department will examine the complaints received to determine whether the described conduct raises to the level that it is affecting a significant government interest and if so, whether a narrowly tailored ordinance may be crafted to address the identified problem. Attached is Yakima Municipal Code addressing aggressive panhandling for your reference. i Consolidated Edison Co. ofNew York, Inc. v. Public Service Commission ofNew York, 447 U.S. 530 (1980); Shuttlesworth v. Birmingham, 382 U.S. 87, 91 (1965); Coates v. Cincinnati, 402 U.S. 611, 615 (1971). Memorandum to Honorable Mayor and Members of the City Council May 13, 2013 Page 2 Yakima Municipal Code 6.75.020 Pedestrian or vehicular interference. A. A person is guilty of pedestrian or vehicular interference if, in a public place in the city of Yakima, he or she intentionally: 1. Obstructs pedestrian or vehicular traffic; or 2. Aggressively begs. B. Among the circumstances to be considered in determining whether a person intends to aggressively beg are whether that person: 1. Touches the person solicited; 2. Follows the person solicited; 3. Directs profane or abusive language toward the person solicited; 4. Uses violent or threatening gestures toward the person solicited; or 5. Persists in begging after the person solicited has given a negative response. C. The following definitions apply to subsection A of this section: 1. "Obstructs pedestrian or vehicular traffic" means to walk, stand, sit, lie or place an object in such a manner as to block passage by another person or vehicle to such an extent that evasive action is necessary to avoid physical contact. Innocent acts which unintentionally and inadvertently block traffic or cause others to take evasive action; acts authorized as an exercise of one's Constitutional right to picket or to legally protest; and acts authorized by permit issued pursuant to this code shall not constitute an obstruction or interference with pedestrian or vehicular traffic. 2. "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. 3. "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. 4. "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. 5. "Public place" means an area generally visible to public view and includes, but is not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and doorways and entrances to buildings or dwellings accessible to the public and the grounds enclosing them. (Ord. 98 -3 § 59 (part), 1998).