HomeMy Public PortalAbout1829 Aggressive PanhandlingORDINANCE: 1829
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
CREATING A NEW SECTION 54-9 OF CHAPTER 54 OF THE CITY OF
CRESTVIEW CODE OF ORDINANCES RELATING TO AGGRESSIVE
PANHANDLING; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166,
Florida Statutes, the City of Crestview (the "City") enjoys all home rule authority, police power, land
development and zoning authority, and governmental and proprietary powers necessary to conduct municipal
government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law;
and
WHEREAS, the City Council in good faith determines that this Ordinance is in the best interest of the City and
its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CRESTVIEW,
FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and
incorporated herein by this reference.
Section 2. Authority. The City Council of the City of Crestview has the authority to adopt this Ordinance
pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes.
Section 54-9. Chapter 54, - Aggressive Panhandling. Section 54-9 of Chapter 54 of the City of Crestview Code
of Ordinances, is hereby created to read as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion hereto.
Section 5. Codification. It is the intention of the City Council of the City that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may
be renumbered or relettered and the word "ordinance" may be changed to "chapter," "section," "article," or such
other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such
inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City Marshall,
without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk.
Section 6. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and
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adoption.
PASSED AND ADOPTED ON SECOND READIN Y THE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE az, Y-6 DAY OF , 2021.
ATTEST:
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`--/E IZABETH M. ROY
City Clerk
APPROVED BY ME THIS
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J. . WHITTEN Mayor
DAY OF
203.
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EXHIBIT "A"
A new Section 54-9 is added to Chapter 54 of the City of Crestview
Code of Ordinances, relating to Streets and Sidewalks, to read as
follows with underlines showing new language:
Section 54. Aggressive Panhandling
(a) Purpose, intent, and findings. It is the purpose and intent of this
article to secure the health, safety, and welfare of all persons using
city streets and rights of way, to ensure that the use of city streets
and rights of way does not become dangerous, to ensure that the free
flow of traffic thereon is not impeded, and to protect those on the city
streets and rights of way against abusive behavior by panhandlers,
as this term is defined herein. The City Council further finds that, to
protect citizens from the fear and intimidation accompanying certain
locations and types of panhandling, and to prohibit aggressive and
intimidating panhandling, restrictions on such activity is necessary.
(1) The City Council finds that significant public health, safety,
and welfare concerns and crowd control problems caused by
panhandling near city streets and rights of way which are in use
by vehicular traffic. The City Council finds that such concerns
and problems arise because panhandling in the City right of way
involves the_process of a panhandler soliciting the immediate
donation of money or other thing of value from an occupant or
operator of a vehicle which is in traffic, that vehicle occupant or
operator must consider the offer, and, if the vehicle occupant or
operator decides to give the donation to the panhandler, that
person must reach for a wallet or search for money, all while
the panhandler and vehicle are located on a city street or right
of way that is in use by vehicular traffic. Based on the foregoing,
the City Council finds that the activity of panhandling from
occupants or operators of vehicles located on streets in use by
vehicular traffic distracts drivers from their primary duty to
watch traffic and potential hazards in the road, observe all traffic
signals or warnings, and move through the city's streets and
intersections in a lawful and safe manner, creates a safety
hazard, poses a substantial risk to the public, and impedes the
free flow of traffic on the city's streets and rights of way. The
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City Commission further finds that the safety of panhandlers and
the occupants of vehicles is at significant risk when panhandlers
engage in their activities on or near public streets because City
streets and rights of way are meant for the use and control of
vehicular traffic and not for panhandling activities.
(2) The City Council further finds that the presence of persons
who panhandle from other persons at or near automated teller
machines, the entrance and exits of certain buildings and
establishments, at certain facilities and events, or at or around
other locations, as described in this article, is especially
troublesome because said persons cannot readily escape from
the undesired conduct and that such activity often carries with
it an implicit threat to both persons and property.
(3) It is not the purpose and intent of this article to prohibit
panhandling in public areas when such activities will not
interfere with vehicular traffic, cause traffic safety and traffic
flow concerns, or constitute a threat to the public health, safety,
and welfare of the citizenry. Panhandlers may conduct their
activities so long as they are in compliance with this Code.
(b) Definitions.
"Panhandling" is hereby defined as a solicitation made in person,
requesting an immediate donation of money or other thing of value.
Purchase of an item of an amount far exceeding its value, under
circumstances where a reasonable person would understand that the
purchase is in fact a donation, is a donation for the purpose of this
article. Except as specifically provided in this article, panhandling
does not include _passively standing or sitting with a sign or other
indication that one is seeking donations, without addressing any
solicitation to any specific persons other than in response to an
inquiry by that person.
(c)Prohibited locations. It shall be unlawful for any person to
panhandle, and no registration issued under this section shall be
deemed to allow panhandling, including passively standing or sitting
with a sign or other indication that one is seeking donations, when
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the person solicited is in any of the following places within the city
limits:
'1) Within 100 feet of any bus stop or train stop;
X2) In any public transportation vehicle or facility, excluding
airports;
f 3) In the city right of way or in any vehicle located in or on the
city right of way
(4) In a public park, fairground, or sporting facility, including
entry ways or exits thereto;
(5) Within 100 feet of any school as this term is defined in
Section 1002.01, Florida Statutes, and Section 1003.01, Florida
Statutes;
(6) At the site of any automated teller machine. For the
purposes of this subsection, "site of any automated teller
machine" includes an area within 100 feet of any automated
teller machine;
(7) On private property, including at any point of sale or
commercial retail establishment, unless the panhandler has
written permission from the owner or person in possession of
the private property or commercial retail establishment;
(8) In a parking lot or garage owned or operated by the city,
including entry ways or exits and pay stations connected
therewith; or
(9) Within 100 feet of any liquor store, defined as a store whose
predominate business is the sale of alcoholic beverages.
fd) Prohibited Methods. It shall be unlawful for any person to
panhandle in any of the following manners:
(1) By coming within three (3) feet of the person solicited,
unless that person has indicated that he or she does wish to
make the donation;
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2) By blocking the path of the person solicited;
(3) By following a person who walks away or otherwise indicates
he or she does not wish to make a donation to the panhandler;
f4) By using profane or abusive language, either during the
solicitation or following a refusal of a solicitation;
(5) By panhandling in a group of two or more persons unless
the group of two or more persons have registered as required
in this ordinance and have received written permission from the
owner or person in possession of the private property or
commercial retail establishment; or
(6) By any statement, gesture, or other communication which a
reasonable person in the situation of the person solicited would
perceive to be a threat.
,(e) Misleading or false representations. It shall be unlawful for any
persons to knowingly make any false or misleading representation in
the course of soliciting a donation. False or misleading
representations include, but are not limited to, the following :
(1) Stating that the donation is needed to meet a specific need,
when the solicitor already has sufficient funds to meet that need
and does not disclose that fact;
(2) Stating that the donation is needed to meet a need which
does not exist;
3) Stating that the solicitor is from out of town and stranded,
when such is not true;
(4) Wearing a military uniform or other indication of military
service when then solicitor is neither a present nor former
member of the service indicated;
(5) Wearing or displaying any indication of physical or mental
disability, when the solicitor does not suffer the disability
indicated;
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(6) The use of makeup, or any other artifice to simulate any
deformity or injury; or
(7) Stating that the solicitor is homeless, when in fact he or she
is not.
(f) It shall be unlawful for any person to solicit'and receive a donation
by indicating that the funds requested are needed for a specific
purpose, and then spend the funds received for a different purpose.
(q) It shall be unlawful for any operator or occupant of a vehicle that
is in traffic on a city right of way to offer money or some other article
of value to a person who is panhandling that results in the actual
exchange of money or some other article of value between the person
panhandling and the operator or occupant of a vehicle while that
vehicle is on the portion of a city right of way currently in use by
vehicular traffic.
(h) Any violation of this section shall be punishable as set forth in
section 1-11 of this Code.
(1) Registration requirement. No person shall panhandle without a
registration issued by the city police department. A person who has
been registered shall keep a copy of the registration on his or her
person at all times while panhandling and show it to any police officer
upon request. No person whose registration has been revoked shall
panhandle for a period of two years following the revocation. A
violation of this section shall be punishable as set forth in section 1-
12 of this Code.
(1) The police department shall issue the registration, without
fee, to any eligible person who presents himself or herself at the
city police headquarters, states his or her true name, presents
a photo identification or signs a declaration under penalty of
perjury that he or she has no such identification, and permits
himself or herself to be photographed and fingerprinted.
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(j) Ineligible Persons. A person is ineligible to register and registration
will not be granted if, and only if, within the last five (5) years he or
she:
(1) Has been convicted whether or not adjudication was
withheld of two or more violations of this section;
(2) Has had a registration revoked pursuit to Section 54-9
(3) Has been convicted, whether or not adjudication was
withheld, of two or more offenses under the law of any
jurisdiction which involves aggressive or intimidating behavior
while panhandling or false or misleading representations while
panhandling.
(k) If the police department is unable to determine eligibility within
two working days, excluding weekends and holidays, upon receipt of
an application for registration to panhandle, the police department
shall issue a temporary registration which will be valid for up to 30
days or until such time as the police department determines eligibility
for regular registration, whichever comes first. The regular
registration shall expire three years from the date of issuance. Along
with the registration, the police department shall give the applicant a
copy of this article.
f l) Any person who makes any false or misleading representations
while applying for a registration under this section shall be punished
under Section 1-11 of this Code. Upon conviction for violation of this
section, the city police department shall revoke any registration
issued to the convicted person under this section.
(m) If a registration is issued to a person under this section and that
person is later convicted of a violation of any provision under this
section, the police department shall revoke the registration.
(n) Upon arrest for any violation of this section the panhandler shall
release his or her registration to the arresting officer. A panhandler
may apply at the police department for consecutive 30 -day
temporary registrations pending the outcome of the arrest in a court
of law.
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