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HomeMy WebLinkAbout2010-019 Panhandling; YMC Amendment 6.75.020 I I ORDINANCE NO. 2010 -19 AN ORDINANCE concerning public safety; prohibiting begging or panhandling within the public parking lots, and parking stalls located within the City of Yakima's public right -of -way; and amending section 6.75.020 of the City of Yakima Municipal Code. WHEREAS, the City Council has received numerous complaints from citizens, business owners, and community organizations regarding serious public safety concerns surrounding the pervasive and increasing frequency of panhandling solicitations, particularly in the downtown areas of the City; and WHEREAS, in response to these expressions of concern the City Council held a public hearing to invite the citizens and other interested individuals to speak to Council of their particular concerns regarding panhandling solicitations; and WHEREAS, during the public hearing two particular areas of concern were identified by the majority of those participating in the hearing, specifically the concerns regarding solicitations occurring in the City's public parking lots and parking stalls located in the City's public right -of -ways; and WHEREAS, the participants at the public hearing expressed an increased feeling of vulnerability, intimidation and fear when approached by panhandlers in the public parking areas when they were unable to open their car doors due to the presence of panhandlers at their window, ultimately choosing to leave rather than face the solicitor, thereby avoiding the downtown businesses they were seeking to visit; and WHEREAS, based upon the testimony received and the information provided by staff the Council has determined that it is important to protect the citizens, business owners and patrons of businesses in the City from the fear, vulnerability and intimidation associated with certain aspects of panhandling solicitations, Now, Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.75.020 of the City of Yakima Municipal Code is amended to read as follows: 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; or 3. Participates in begging within the perimeter of any City public parking lot or within the area of parking stalls located within the City's public right -of -way. 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. 1 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 ).- -- Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 20th day of April, 2010. 'Z AP-4 air Micah Cawley, ayor ATTEST: k elk)-L_cx.iL City Clerk Publication Date: April 23, 2010 Effective Date: May 23, 2010 2 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For Meeting Of April 20, 2010 ITEM TITLE: Consideration of an Ordinance amendment to address panhandling in public parking lots and parking stalls. SUBMITTED BY: Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Jeff Cutter — 575 -6030 SUMMARY EXPLANATION: As a result of concerns expressed by City Council members and the public during a public hearing regarding panhandling in the City it was determined that the area of greatest concern expressed by those participating in the hearing was panhandling that took place in the City's public parking areas. These concerns were expressed as feelings of vulnerability, intimidation and fear resulting from solicitations occurring right at an individual's vehicle window as they were trying to enter or exit their vehicle while in public parking areas. The discussion revealed • that many individuals were choosing to leave the area, thus avoiding their visit to a downtown establishment, rather than deal with the solicitor. As a result of the testimony expressed at the hearing, staff was directed to prepare an amendment to the City's existing ordinance that reflected a response to the expressed concerns. Other areas of concern associated with panhandling may be addressed in a more comprehensive approach once the legal department has had an opportunity to examine the evidence relied upon by other cities in Washington that have approved more restrictive legislation. Resolution Ordinance X Contract .Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: O - City Manager STAFF RECOMMENDATION: Approve the proposed amendments BOARD /COMMISSION /COMMITTEE RECOMMENDATION: City Council directed the attached legislation be prepared. COUNCIL ACTION: •