Chapter 9.40
INTERFERENCE WITH VEHICLE AND PEDESTRIAN TRAFFIC

Sections:

9.40.010    Unlawful.

9.40.020    Violation – Penalty.

9.40.030    Aggressive begging.

9.40.010 Unlawful.

It shall be unlawful for any person to obstruct, hinder, or impede the lawful course of travel of any motor vehicle or bicycle upon the public streets, alleys, or parking areas within the City or to obstruct, hinder, or impede the lawful use, by any pedestrian, of the public streets, sidewalks, alleys, parking areas, pathways, or trails within the City. (Ord. 1773 § 1, 1988).

9.40.020 Violation – Penalty.

Any person violating MTMC 9.40.010 shall be subject to a fine in any sum not exceeding $250.00. (Ord. 1773 § 2, 1988).

9.40.030 Aggressive begging.

A. It is unlawful for any person to engage in aggressive begging in any public place in the City, as those terms are defined by this section.

B. As used in this section:

1. “Aggressive begging” shall mean: (a) begging with intent to intimidate another person into giving money or goods; (b) begging with use of false, misleading information; (c) begging with or involving activities that are unsafe or dangerous to any person or property, or begging at locations or in a manner that threatens the safety of persons or property, or that impedes or threatens to impede pedestrian or vehicular traffic; (d) begging in a manner that exploits children; or (e) willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return.

2. “Begging” shall mean asking for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3. “To intimidate” shall mean to coerce or frighten into submission or obedience, or to engage in conduct which would make a reasonable person fearful or feel compelled.

4. “Public place” shall mean: (a) any public road, alley, lane, parking area, sidewalk, or other publicly owned building, facility or structure; (b) any public playground, school ground, recreation ground, park, parkway, park drive, park path, or right-of-way open to the use of the public; or (c) any privately owned property adapted to and fitted for vehicular or pedestrian travel that is in common use by the public with the consent, expressed or implied, of owner or owners.

5. “Exploit” shall mean using in an unethical, selfish or abusive manner or in any other manner that gives an unfair advantage.

C. Violation of, or failure to comply with, any provision of this section is a civil offense subject to a fine, which may be set by resolution, for the first three violations found to be committed within a 12-month period. Provided, however, a fourth or subsequent violation of the same or like provision committed within a 12-month period shall constitute a misdemeanor and shall be punishable by a fine up to $1,000 or by a jail sentence of up to 90 days, or by both such fine and jail time.

D. Any person or entity cited for violation under this section for a civil infraction may request an administrative hearing by notifying the Violations Bureau in writing within 15 days of the issuance of the citation. The requested hearing shall be brought before the Hearing Examiner in accordance with and pursuant to Chapter 2.120 MTMC. (Ord. 2385 § 1, 2005).