ARTICLE IX. REPRODUCTIVE HEALTH CENTER ACCESS
21-111 Findings.
The city council recognizes that a person’s right to choose their own reproductive health care services and the right to free speech regarding this right are protected by the Constitution and the city council strongly supports these rights. The city council recognizes that access to reproductive health care facilities is an important interest and medical necessity for residents and visitors to the city, and also recognizes that the exercise of a person’s right to speak for or against certain medical procedures is a First Amendment activity that must be protected and balanced against another person’s right to obtain medical counseling and treatment in an unobstructed manner. The city has a compelling interest in protecting privacy and health rights and a strong interest in protecting the health and safety of its people while not burdening freedom of speech more than is necessary to further these interests.
Therefore, through this article, the city council seeks to ensure public safety and order, regulate the use of public sidewalks and other conduct, promote the free flow of traffic on streets and sidewalks, reduce disputes and confrontations requiring law enforcement services, protect property rights, protect constitutional freedoms of privacy, liberty, expression, secure a person’s right to seek reproductive health care services and provide unobstructed access to reproductive health care facilities by setting clear guidelines for activity in the immediate vicinity of the reproductive health care facilities.
(Ord. of 7-16-12; Ord. of 10-20-14)
21-112 Definitions.
For the purpose of this article:
(a) Reproductive Health Care Facilities shall mean any building, structure or place, or any portion thereof, at which licensed, certified, or otherwise legally authorized persons provide health care services or health care counseling relating to the human reproductive system.
(b) Premises of a Reproductive Health Care Facility shall mean the driveway, entrance, entryway, or exit of a reproductive health care facility and any parking lot in which the facility has an ownership, easement or leasehold interest or other property right.
(c) Person shall include, but is not limited to:
(1) Individuals;
(2) Corporations;
(3) Not-for-profit organizations;
(4) Partnerships;
(5) Associations; and
(6) Groups or other entities.
(d) Harass shall mean: (1) Approaching, following or otherwise acting towards a person: (a) in a threatening manner with the intent of, or recklessly creating the risk of, causing a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property; or (b) using abusive or obscene language, which shall be construed as the Vermont Supreme Court has construed the same language in 13 V.S.A. § 1026(3); (2) Continually attempting to engage or otherwise solicit a person after such person has indicated that he or she does not desire to be engaged or solicited; (3) Intentionally touching or causing physical contact with a person without that person’s consent; or (4) Using violent or threatening gestures toward a person.
(Ord. of 7-16-12; Ord. of 10-20-14)
21-113 Prohibited acts.
(a) No person shall knowingly obstruct, detain, hinder, impede, harass or block another person’s entry to or exit from a reproductive health care facility.
(1) Exceptions. This subsection shall not apply to the following:
a. Law enforcement, ambulance, firefighting, construction, utilities, public works, and other municipal agents acting within the scope of their employment; and/or
b. Employees or agents of such reproductive health care facility acting within the scope of their employment.
(Ord. of 7-16-12; Ord. of 10-20-14)
21-114 Penalties.
(a) Any violation of the provisions of this law constitutes a civil offense punishable by a fine from fifty dollars ($50.00) to eight hundred dollars ($800.00). The waiver penalty for such offense shall be fifty dollars ($50.00). The minimum fine and waiver penalty shall be tripled for each additional offense within a two (2) year period up to a maximum of four hundred fifty dollars ($450.00).
(b) In addition to the penalty provided for in subsection (a) of this section, a law enforcement official may order the one (1) or more individuals who have on that day violated Section 21-113 to immediately withdraw and cease to stand or be located within at least twenty-five (25) feet of an entrance or a driveway to the reproductive health care facility. Such an order shall remain in place for twelve (12) hours. A withdrawal order may only be issued if the twenty-five (25) foot boundary is clearly marked and warnings of this section are conspicuously posted outside of the reproductive health care facility. A withdrawal order issued pursuant to this section shall be in writing and such writing shall include the following statements: "You, having violated section 21-113, are hereby ordered to immediately withdraw and cease to stand or be located within at least 25 feet of an entrance or a driveway to the reproductive health care facility. This order shall remain in place for 12 hours." A person who violates a withdrawal order issued under this subsection (b) shall be subject to a criminal misdemeanor penalty of up to five hundred dollars ($500.00) or not more than one (1) year imprisonment.
(Ord. of 7-16-12; Ord. of 10-20-14)
21-115 Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law.
(Ord. of 7-16-12; Ord. of 10-20-14)