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HomeMy WebLinkAbout02/16/2010 15 Panhandling - Set Public Hearing Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 14 For Meeting of February 16, 2010 ITEM TITLE: Consideration of setting the time and date of 7:00 p.m. on March 23, 2010 in the Yakima City Council Chambers for a public hearing concerning panhandling. SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Cynthia I. Martinez, 575-6033 SUMMARY EXPLANATION: On January 19, 2010 and February 2, 2010 citizens commented on a perceived growing presence of panhandlers within the City of Yakima. At the February 2, 2010 regular Council Business Meeting a majority of the City Council approved a motion to hold _ a public hearing concerning panhandling. Members of the public will be invited to testify at the public hearing about their experiences with aggressive panhandling within the City of Yakima. While the City of Yakima already has an ordinance prohibiting aggressive panhandling, the City Council may consider increasing the penalty, or enhancing the regulatory effect of the current ordinance to address a substantial government interest. A municipality may not restrict panhandling based solely on mere speculation of harm, public intolerance or annoyance of citizens. However, the courts have held that reducing crime is a substantial governmental interest that justifies content neutral regulation. The Yakima City Council will be considering the public testimony to determine if there is a substantial City interest that is being affected by aggressive panhandling, justifying enhanced regulation. Resolution Ordinance Contract Other Set Date Contract Mail to (name and address): • Phone: Funding Source APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: This is a Council policy decision. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: •