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Legislation #: 960297 Introduction Date: 3/21/1996
Type: Ordinance Effective Date: 4/28/1996
Sponsor: COUNCILMEMBER BACCHUS
Title: Repealing Section 50-151, Code of Ordinances, entitled "Begging", and enacting a new Section 50-151, Code of Ordinances, entitled "Aggressive Begging/Begging at Specified Locations" to regulate and prohibit begging and solicitation threatening to a reasonable person.

Legislation History
DateMinutesDescription
4/18/1996

Waive Charter Requirements City Council

3/21/1996

Waive Charter Requirements City Council

3/21/1996

Prepare to Introduce

3/21/1996

Referred Neighborhood Development Committee

3/21/1996

Referred Neighborhood Development Committee

3/27/1996

Hold On Agenda

4/3/1996

Hold On Agenda

4/10/1996

Do Pass

4/11/1996

Assigned to Third Read Calendar

4/18/1996

Amended

4/18/1996

Passed as Amended


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ORDINANCE NO. 960297

 

Repealing Section 50-151, Code of Ordinances, entitled "Begging", and enacting a new Section 50-151, Code of Ordinances, entitled "Aggressive Begging/Begging at Specified Locations" to regulate and prohibit begging and solicitation threatening to a reasonable person.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Section 50-151, Code of Ordinances, entitled "Begging", is repealed, and that a new Section 50-151, Code of Ordinances, entitled "Aggressive Begging/Begging at Specified Locations" is enacted to read as follows:

 

 

Sec. 50-151. Aggressive Begging/Begging at Specified Locations

 

(a) Purpose. The purpose of this ordinance is to regulate and punish acts of aggressive begging and acts of begging that occur at locations or under circumstances specified herein which create an enhanced sense of fear or intimidation in the person being solicited or create disorder upon public streets or other public areas. The purpose of this ordinance is not to punish the status or condition of any person. Regulation is required because aggressive begging anywhere in the City contributes to the loss of access to and enjoyment of public places and creates a sense of fear, intimidation and disorder. The City has substantial interests in the protection of public safety, the use of public transportation, the safe and unobstructed flow of traffic on its public streets and the preservation of the safe use of public areas. The regulations in this ordinance further these substantial interests. This ordinance is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor is this ordinance intended to prohibit acts authorized as an exercise of a person's constitutional right to legally picket, protest or speak.

 

(b) Definitions.

 

(1) "Aggressive manner" means:

 

a. Threatening approaches. Approaching the person being solicited in

a manner that:

 

1. is intended to or is likely to cause a reasonable person to fear

imminent bodily harm or the commission of a criminal act upon property in

the person's possession, or

 

2. is intended to or is likely to intimidate the person being

solicited into responding affirmatively to the solicitation;

 

b. Following. Following the person being solicited, if that conduct is:

 

1. intended to or is likely to cause a reasonable person to fear

imminent bodily harm or the commission of a criminal act upon property in

the person's possession, or

 

2. is intended to or is likely to intimidate the person being

solicited into responding affirmatively to the solicitation;

 

c. Physical Contact. Intentionally or recklessly making any physical

contact with or touching another person in the course of the solicitation, or

approaching within an arm's length of the person, except with the person's consent;

 

d. Continuing to solicit. Continuing to solicit a person after the person

has made a negative response, if continuing the solicitation is:

 

1. intended to or is likely to cause a reasonable person to fear

imminent bodily harm or the commission of a criminal act upon property in

the person's possession, or

 

2. is intended to or is reasonably likely to intimidate the person

being solicited into responding affirmatively to the solicitation;

 

e. Verbal threats. Intentionally or recklessly using words:

 

1. intended to or likely to cause a reasonable person to fear

imminent bodily harm or the commission of a criminal act upon property in

the person's possession, or

 

2. words likely to intimidate the person into responding

affirmatively to the solicitation; or

 

f. Blocking sidewalks or streets. Intentionally or recklessly blocking the

safe or free passage of the person being solicited or requiring the person, or the driver

of a vehicle, to take evasive action to avoid physical contact with the person making

the solicitation.

 

(2) "Automated teller machine" is a device, linked to a financial institution's

account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments.

 

(3) "Automated teller machine facility" is the area comprised of one or more

automatic teller machines, and any adjacent space, which is made available to banking customers.

 

(4) "Intimidate" means to engage in conduct which would make a reasonable

person feel threatened or fearful of harm to the person's personal safety or property.

 

(5) "Public area" is an area open to use by the general public, including, but not

limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

 

(6) "To solicit" includes, without limitation, the spoken, written, or printed word

or such other acts or bodily gestures as are conducted in furtherance of the purposes of begging, soliciting, or asking for any item of value, monetary or otherwise.

 

(c) Prohibitions.

 

(1) Aggressive begging or soliciting. It shall be unlawful for any person to solicit

money or other things of value, or to solicit the sale of goods or services, in an aggressive manner in a public area.

 

(2) Public transportation. It shall be unlawful to solicit money or other things

of value, or to solicit the sale of goods or services in any public transportation vehicle, or bus or train station or stop.

 

(3) Automated teller machine. It shall be unlawful to solicit money or other

things of value, or to solicit the sale of goods or services, if the person making the solicitation knows or reasonably should know that the solicitation is occurring within 50 feet of an automated teller machine or automated teller machine facility, or within 50 feet of any entrance or exit to a building containing an automated teller machine or automated teller machine facility.

 

(4) Private property. It shall be unlawful to solicit money or other things of

value, or to solicit the sale of goods or services on private property or residential property, if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.

 

(5) Motor vehicles to be parked. It shall be unlawful to solicit money or other

things of value from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying, or reserving a public space, directing the occupant to a public parking space or protecting a parked vehicle.

 

(d) Severability. If any section, sentence, clause, or phrase of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, that holding shall in no way affect the validity of the remaining portions of this ordinance.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

 

 

Assistant City Attorney