ORDINANCE NO.   7891

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ESTABLISHING THE PUBLIC OFFENSE OF AGGRESSIVE PANHANDLING.

Whereas, the governing body of the City of Lawrence, Kansas is entrusted with the responsibility to establish reasonable laws, policies and regulations to further the general public health, safety, welfare, and economic vitality of the community; and

Whereas, it is in the City’s interest to maintain its public spaces in a manner that promotes pedestrian safety, and provides the community an opportunity to interact reasonably free of the intimidation or coercion caused by aggressive panhandling.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section  1.  Section 14-416 of Chapter XIV of the Code of the City of Lawrence, Kansas, December 2003 edition is hereby enacted:

“14-416.  Aggressive Panhandling

(A) Definitions.  For the purpose of this section:

(1) “Panhandling” shall mean any request for or solicitation of an immediate donation of money.  A request or solicitation to purchase an item for an amount far exceeding its value, in circumstances where a reasonable person would understand that the purchase is in substance a donation, constitutes panhandling.  Panhandling shall not include the act of passively standing, sitting, or engaging in a musical performance or other street performance with a sign or other indication that donations are being sought, without any verbal request for a donation other than in response to an inquiry by another person.

(2) “Aggressive Panhandling” shall mean panhandling that includes one or more of the following actions:

(a) touching the solicited person without the solicited person’s consent.

(b) intentionally blocking the path of travel of the person being solicited.

(c) intentionally blocking the entrance to any vehicle or building.

(d) continuing to solicit or request a donation from a person after that person has refused an earlier request.

(e) following or remaining alongside a person who, after being solicited, walks away from the person panhandling.

(f) making any statement, gesture, or other communication that would cause a reasonable person to feel threatened, fearful, or compelled.

(B) Unlawful Acts

(1) It shall be unlawful for any person to engage in aggressive panhandling.

(2) It shall be unlawful for two or more people to intentionally work in concert to commit acts that would constitute aggressive panhandling if those acts were performed by a single individual.

(3) It shall be unlawful for any person to engage in panhandling when either the panhandler or the person being solicited is located any of the following places:

(a) at any bus stop.

(b) in any public transportation vehicle or facility.

(c) in a vehicle that is parked or stopped on any public street or alley.

(d) within twenty feet of an automatic teller machine or the entrance to a bank, credit union, or savings and loan.

(e) on private property, without the consent of the owner of the property.”

Section 2.  No existing provision of Article 3 of Chapter XIV of the Code of the City of Lawrence, Kansas, December 2003 edition, is repealed by this ordinance, explicitly or by implication.

Section  3.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of  ________________, 2005.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services