ORDINANCE NO.  8362

                                                     

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING SECTION 14-418 OF THE CITY CODE, THE AGGRESSIVE PANHANDLING ORDINANCE, TO PROHIBIT PANHANDLING DURING NIGHTTIME HOURS AND WITHIN THE CONFINES OF DOWNTOWN LAWRENCE.

 

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, being approached and asked for money at night is inherently and significantly more coercive and intimidating than a similar request during the daytime, and because of this the possibility of misunderstandings with potentially terrifying or violent consequences is greatly increased thus jeopardizing the public’s peace of mind and safety; and

 

Whereas, Lawrence’s downtown area, a shopping, dining and entertainment destination is important for the quality of life of Lawrence’s citizens and its ability to attract tourism, is essential to the continued economic wellbeing of the City, and produces significant tax revenue for local and state government; and

 

Whereas, the City of Lawrence has a significant interest in the safe, convenient and free flow of pedestrian traffic in the downtown area, which is a high density pedestrian area with sidewalk dining and other hospitality uses, and panhandling jeopardizes that interest; and

 

Whereas, the City of Lawrence has a significant interest in preserving the quality of life for its citizens and preserving its public places as areas where its citizens and visitors can be free of intimidation or coercion, and panhandling jeopardizes that interest; and

 

Whereas, the City of Lawrence has a significant interest in the continued economic vitality of its downtown area, and panhandling jeopardizes that interest by making people less likely to frequent the downtown area due to the fear generated by and the inconvenience of being accosted; and

 

Whereas, the City of Lawrence has a significant interest in preserving the peace and ensuring the safety of those being solicited as well as those soliciting donations, and panhandling jeopardizes this interest due to the potential for misunderstanding of the purpose of the contact or the intent of the panhandler; and

 

Whereas, the City of Lawrence has a significant interest in preserving the aesthetics of its historic downtown area, and panhandling jeopardizes this interest; and

 

Whereas, these concerns are more prominent and felt more acutely in the downtown area of the City of Lawrence compared to other parts of the City due to its high-density, mixed use nature, which is not found elsewhere in the City of Lawrence; and

 

Whereas, the Governing Body desires to enact content neutral time, place and manner restrictions on panhandling activity that are narrowly tailored to advance these significant governmental interests, while leaving open ample alternative channels of communication.  

 

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

 

Section  1.  Section 14-418 of Chapter XIV of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto is hereby amended to read as follows:

 

“14-418.  Aggressive Unlawful 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 an immediate 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.

(3)      “Designated Downtown Area” shall mean the streets, alleys, sidewalks, public parking lots and public rights of way within the area of the City of Lawrence, Kansas south of the centerline of 6th Street, west of the centerline of New Hampshire Street, north of the centerline of 11th Street and east of the centerline of Vermont Street.  

(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 prior consent of the owner of the property.”

(4)      It shall be unlawful for any person to engage in panhandling when either the panhandler or the person being solicited is within the designated downtown area.

(5)      It shall be unlawful to engage in panhandling during the time between sunset and sunrise.

 

Section 2.  Section 14-418 of the Code of the City of Lawrence, 2008 Edition, is hereby repealed, it being the intent to supersede the currently effective section with the provisions of this ordinance.

 

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  ________________, 2008.

 

 

 

PASSED:

 

 

                                                                       

Robert Chestnut, Mayor

 

 

ATTEST:

 

 

                                                                       

Jonathan Douglass, City Clerk

 

 

APPROVED AS TO FORM AND LEGALITY:

 

 

 

                                                                       

Toni Ramirez Wheeler, Director of Legal Services