Chapter 9.05
PROHIBITED ACTIVITIES
Sections:
9.05.010 Legislative declaration.
9.05.030 Applicability, declaration of emergency and effective date.
9.05.040 General panhandling and solicitation.
9.05.050 Panhandling and solicitation on or near public streets and highways.
9.05.060 Enforcement and penalties.
9.05.010 Legislative declaration.
(a) The City Council does find and declare that it is the right of every person to be secure and protected from intimidation and physical harm resulting from activities associated with panhandling.
(b) This chapter is not intended to interfere with the exercise of constitutionally protected rights of freedom of expression, speech and association; and the City Council does recognize the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to lawfully associate with others.
(c) Citizens of the City are concerned as a result of behaviors by individual persons and groups of persons who aggressively panhandle, who accost captive audiences, and who create safety risks along and on public roads, which activities are not constitutionally protected and which present a clear and present danger to public order and safety.
(d) This chapter is also intended to provide for safe and orderly panhandling during times and at places which protect the safety of the public while allowing for individual expression within the boundaries of the City.
(e) This chapter is not intended to interfere with or limit the rights of property owners to license their premises for solicitation activities, but only to regulate activities on public property.
(f) This chapter regulates the stopping, accosting or approaching someone for the purpose of soliciting him or her at certain times and places and in certain ways, without regard to the content of the message for which things of value may be solicited, and is not intended to be enforced in any manner that distinguishes conduct based on the content of the message delivered.
(g) Ordinance No. 4627 amends Ordinance No. 4618 on an emergency basis to protect governmental resources from being expended in litigation, and because this ordinance limits, rather than expands, governmental intrusion on private behavior, the City Council finds that the issues were fully and sufficiently vetted in the public hearing process involved in the passage of Ordinance No. 4618.
(h) Although this chapter eliminates a certain previously adopted restriction on solicitation of at-risk individuals, the interests of such individuals are still subject to the protections of the chapter addressing unwanted or aggressive solicitation behaviors.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.020 Definitions.
As used in this chapter the following words are defined as follows:
Knowingly shall mean, with respect to the conduct or circumstances described in this chapter, that a person is aware that such person’s conduct is of that nature or that the circumstances exist. With respect to a result of such conduct, knowingly means that a person is aware that such person’s conduct is practically certain to cause the result.
Obscene shall mean a blatantly offensive description of a sexual act or solicitation to commit a sexual act, whether or not such sexual act is normal or perverted, actual or simulated, including but not limited to masturbation, cunnilingus, fellatio, anilingus or human excretory functions.
Obstruct shall mean to render impassible or to render passage unreasonably inconvenient or hazardous.
Panhandle/panhandling shall mean to knowingly approach, accost or stop another person in a public place and solicit that person without that person’s consent, whether by spoken words, bodily gestures, written signs or other means, for money, employment or other thing of value.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.030 Applicability, declaration of emergency and effective date.
City Council hereby declares that a special emergency exists and that this chapter is necessary to ensure the preservation of the peace and the public health, safety and welfare by effectuating the Council’s publicly articulated purposes as stated herein and before of adopting an ordinance for the regulation of panhandling activities in public places. In declaring a special emergency, and by and with the adoption of this chapter, the City Council is conscientiously stewarding the public’s funds by reducing, managing and minimizing legal claims. The ordinance codified in this chapter, immediately on its final passage, shall be recorded in the City book of ordinances kept for that purpose, authenticated by the signatures of the Mayor and the City Clerk. The full text of the amending ordinance, in accordance with the Charter of the City of Grand Junction, is to be published in full.
This chapter shall apply to the City of Grand Junction. The ordinance codified in this chapter shall take effect immediately upon passage.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.040 General panhandling and solicitation.
It shall be unlawful for any person to panhandle:
(a) One-half hour after sunset to one-half hour before sunrise;
(b) If the person panhandling knowingly engages in conduct toward the person solicited that is intimidating, threatening, coercive or obscene and that causes the person solicited to reasonably fear for his or her safety;
(c) If the person panhandling directs fighting words to the person solicited that are likely to create an imminent breach of the peace;
(d) If the person panhandling knowingly touches or grabs the person solicited;
(e) If the person panhandling knowingly continues to request the person solicited for money or other thing of value after the person solicited has refused the panhandler’s initial request;
(f) In such a manner that the person panhandling obstructs a sidewalk, doorway, entryway, or other passage way in a public place used by pedestrians or obstructs the passage of the person solicited or requires the person solicited to take evasive action to avoid physical contact with the person panhandling or with any other person;
(g) Within 20 feet of an automatic teller machine or of a bus stop;
(h) On a public bus;
(i) In a parking garage, parking lot or other parking facility;
(j) When the person solicited is present within the patio or sidewalk serving area of a retail business establishment that serves food and/or drink, or waiting in line to enter a building, an event, a retail business establishment, or a theater.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.050 Panhandling and solicitation on or near public streets and highways.
It shall be unlawful for any person to panhandle or to solicit employment, business contributions or sales of any kind, or to collect money for the same, directly from the occupant of any vehicle traveling upon any public street or highway when:
(a) Such panhandling, solicitation or collection involves the person performing the activity to enter onto the traveled portion of a public street or highway to complete the transaction, including, without limitation, entering onto bike lanes, street gutters or vehicle parking areas; or
(b) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely complete the transaction.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.060 Enforcement and penalties.
Violation of any provision of this chapter shall constitute a misdemeanor and shall be punishable in accordance with the penalties provided in GJMC 1.04.090.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)
9.05.070 Severability.
This chapter is necessary to protect the public health, safety and welfare of the residents of the City. If any provision of this chapter is found to be unconstitutional or illegal, such finding shall only invalidate that part or portion found to violate the law. All other provisions shall be deemed severed or severable and shall continue in full force and effect.
(Ord. 4627, 4-2-14; Ord. 4618, 2-19-14)