HomeMy WebLinkAboutOrdinance 22573-01-2017 ORDINANCE NO. 22573-01-2017
AN ORDINANCE AMENDING CHAPTER 30, "STREETS AND
SIDEWALKS," OF THE CODE OF THE CITY OF FORT WORTH (1986),
AS AMENDED, BY REPEALING IN ITS ENTIRETY SECTION 30-16,
"LOITERING FOR THE PURPOSE OF BEGGING," AND REPLACING
SECTION 30-16 WITH "AGGRESSIVE PANHANDLING OR
SOLICITATION" TO ADDRESS AGGRESSIVE PANHANDLING OR
SOLICITATION IN PUBLIC PLACES AND PROHIBITING
PANHANDLING OR SOLICITING ON PRIVATE PROPERTY IF
INDICATED BY THE PROPERTY OWNER; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there has been an increase in aggressive begging, panhandling or
soliciting throughout the city that has bccome disturbing and disruptive to residents and
businesses, and has contributed not only to the loss of access to and enjoyment of public
places, but also to an enhanced sense of fear. intimidation and disorder; and
WHEREAS, the solicitation of people in places and situations where it is impossible or
difficult for them to exercise their own right to decline to listen or to avoid solicitation from
panhandlers, such as motor vehicles, indoor and outdoor dining areas, crowded sidewalks,
parking lots and structures, and in the vicinity of an entrance to a residence or a commercial or
public facility is abusive, intimidating and potentially dangerous; and
WHEREAS, restricting panhandling in such places and situations will provide a balance
between the rights of panhandlers and the rights of persons who wish to decline or avoid the
panhandling and will help avoid or diminish the threat of violence in such unwarranted and
unavoidable confrontations and provide for the safety and security of the commuting public,
tourists, and those citizens wishing to use public places and commercial facilities; and
WHEREAS, this ordinance is timely and appropriate because current laws and city
regulations are insufficient to address the aforementioned problems, and the proposed restrictions
contained herein are neither over broad nor vague and are narrowly tailored to serve a substantial
government interest; and
WHEREAS, the goal of this ordinance is to protect citizens from the fear, harassment
and intimidation accompanying panhandling, which has become an unwelcome, overwhelming
and dangerous presence in certain parts of the City and to protect citizens from certain dangerous
devices that, when used in a public street or sidewalk, pose a significant health and safety
concern; and
WHEREAS, it is the intent of the City Council to impose reasonable time, place and
manner restrictions on panhandling while respecting the constitutional rights of all citizens to
Ordinance No. 22573-01-2017
Page 1 of 6
beg, panhandle or solicit funds, picket, protest or engage in other constitutionally protected
activity in a peaceful and non-threatening manner;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
Section 30-16, "LOITERING FOR PURPOSE OF BEGGING," is hereby repealed in its
entirety and replaced with the following:
Section 30-16 AGGRESSIVE PANHANDLING OR SOLICITATION.
(a) Definitions.
In this section, the following definitions apply:
"Aggressive manner," "aggressive behavior" or "aggressively" as related to soliciting,
begging and panhandling means:
(I violent or threatening gestures toward a person solicited;
(2) Continuing to solicit from a person after the person has given a negative
response to such soliciting;
(3) Intentionally touching or causing physical contact with another person without
that person's consent in the course of soliciting;
(4) Intentionally blocking or interfering with the safe or free passage of a pedestrian
or vehicle by any means. including causing a pedestrian or vehicle operator to
take evasive action to avoid physical contact;
(5) Soliciting money from anyone who is waiting in line for tickets. for entry to a
building or for any other purpose;
(6) Approaching or following a person for solicitation individually or as part of a
group of two (2) or more persons, in a manner and with conduct, words, or
gestures intended or likely to cause a reasonable person to fear imminent bodily
harm or damage to or loss of property or otherwise to be harassed or intimidated
into giving money or other thing of value; or
(7) Soliciting, begging or panhandling of minors less than 16 years of age.
.4utvmatecf Teller Machine shall mean a device, linked to a bank or 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 which are made available to banking customers.
Bank includes a bank, savings bank, savings and loan association. credit union, trust
company, or similar financial institution.
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C-'heck Cashing Business means an entity in the business of cashing checks, drafts, or
money orders for consideration.
Parking Heter or Parking Pa), Station means a location on a street, parking lot or
parking garage where persons pay, for parking by either cash or credit, to a person or at a
machine or other device designed to accept payment for parking.
Private Building shall be deemed to include, but is not limited to, retail or service
establishments. such as restaurants, convenience food stores, laundromats, service stations,
hotels, offices, and similar privately owned establishments open to the public. This term does
not include any building owned. leased or operated by the federal or state government, political
subdivisions thereof, municipalities, special districts, any public administration board or
authority of the state.
Public Place shall mean a place to which a governmental entity has title to which the
public has access, including, but not limited to: any street, highway, sidewalk, walkway.
parking lot, plaza, transportation facility. school, place of amusement, park, or playground.
Public Area means an area to which the public has access and includes, but is not
limited to, the common area of a hospital, apartment house, office building, transport facility,
shop, basement, building entrance or doorway, lobby, hallway, stairway. mezzanine, elevator,
foyer, public restroom or sitting room or any other place used in common by the public,
tenants, occupants or guests situated in any private building.
Solicit, Ask, Beg or Panhandle means to request, by the spoken, written, or printed
word, or by other means of communication an immediate donation or transfer of money or
another thing of value from another person, regardless of the solicitor's purpose or intended use
of the money or other thing of value, and regardless of whether consideration is offered.
(b) A person commits an offense if the person solicits:
(1) In an aggressive manner in a Public Area or Public Place; or
(2) Within twenty (20) feet of the following areas where the public is considered
vulnerable or where solicitation would interfere with the flow of pedestrian or
motor vehicle traffic:
a. An Automated Teller Machine;
b. The entrance or exit of a Bank;
d. The entrance or exit of a Check Cashing Business;
e. An authorized charitable contribution activity:
f. A Parking Meter or Parking Pay Station on a street;
g. A public parking garage or parking lot pay station;
h. The entrance or exit of a restaurant or the service area of an outdoor
eating establislunent;
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i. In a bus, at a bus station or stop, or at a facility operated by a
transportation authority for passengers including but not limited to any
school bus stop,
j. A marked crosswalk; or
k. An entrance of a commercial or government building.
(3) Within five (5) feet of a curb or edge of a street;
(4) Within fifty (50) feet from any land owned by a public or private school and
used in whole or in part for providing education services to elementary age
children;
(5) Within 10 feet of a gas station, liquor store, or convenience store property;
(6) In a public restroom; or
(7) At a public event that is operating by permit issued by the city at city parks as
defined in the City Code;
(c) Private Property.
(1) No person may Solicit, Ask. Beg or Panhandle on private property or residential
property without permission from the owner or occupant.
(2) It shall be unlawful for any person to:
a. Solicit, Ask, Beg or Panhandle, as those terms are defined in this
chapter, in any public room in any private building, without the written
permission or consent of' the building's owner or managing and
authorizing agent. For the purpose of enforcement of this subsection, it is
presumed that if the owner, lessee, managing agent or other person in
charge of a building prominently displays a sign as provided in
subsection (c), then the activities declared unlawful in this section are
deemed to be without the permission or consent of the building's owner,
lessee, managing agent or other person.
b. Solicit, Ask. Beg or Panhandle. as those terms are defined in this
chapter, on any private property where the owner, lessee, managing
agent or other person in charge of such property displays a sign as
provided in subsection (c).
C. Conspicuous notice. To invoke the protections afforded under this
section, each owner, lessee, managing agent or person in charge of the
operation of a private building or private property shall prominently
display a sign on the premises, such as the lobby or entrance of the
private building or private property, where it may be read by any person
going in or out of' the building or private developed property stating
generally: "NO PANHANDLING PERMITTED SEC. 30-16. FORT
WORTH CODE OF ORDINANCES" "NO SOLICITORS" or "NO
SOLICI'T'ATION."
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(d) For purposes of(b) in this Section, measurement shall be made in a straight line, without
regard to intervening structures or objects, from the nearest point at which an unlawful
act is conducted to the nearest portion to the items listed in (b).
(e) The solicitation of contributions while standing on a traffic median, shoulder, improved
shoulder, sidewalk, or the improved portion of the roadway from occupants of any
vehicle on a roadway, street or thoroughfare shall only be permitted in compliance with
the terms and conditions set out in Section 30-7, "Solicitation" of the City Code,
provided they are not in an aggressive manner as defined in this Section.
(f) Any person who engages in any activity specified in subsection (b), maybe subject to
prosecution for a Class C misdemeanor and a fine not to exceed five hundred dollars
($500.00)
SECTION 2.
This ordinance shall be cumulative of the Code of the City of Fort Worth, Texas (1986),
as amended, except where the provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and section of this ordinance,
since the same would have been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896 or any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
Ordinance No. 22573-01-2017
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SECTION 5.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 6.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
By:
li e .�d /�C',
Sarah Fullenwider, City Attorney Ronald P. Gonzales
Assistant City Secretary
Adopted: January 24, 2017
Effective: f I
Ordinance No. 22573-01-2017
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1124/2017 - Ordinance No. 22573-01-2017
DATE: Tuesday, January 24, 2017 REFERENCE NO.: **G-18921
LOG NAME: 12AGGRESSIVEPANHANDLINGORD
SUBJECT:
Adopt Ordinance Repealing Section 30-16, of the City Code Entitled, "Loitering for the Purpose of Begging"
in its Entirety and Replacing Section 30-16 with Regulations to Address Aggressive Panhandling or
Solicitation in Public Places and Prohibiting Panhandling or Soliciting on Private Property if Indicated by the
Property Owner(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance repealing Section 30-16, of the City
Code entitled "Loitering for the Purpose of Begging" in its entirety and replacing Section 30-16 with
regulations to address aggressive panhandling or solicitation in public places and prohibiting panhandling
or soliciting on private property if indicated by the property owner.
DISCUSSION:
While city staff recognizes a constitutional right to beg, panhandle or solicit in a peaceful and non-
threatening manner, there has been an increase in aggressive begging, panhandling or soliciting
throughout the City that has become disturbing and disruptive to residents and businesses and has
contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced
sense of fear, intimidation, violent conduct and disorder.
Aggressive begging, panhandling or soliciting usually includes approaching or following pedestrians,
repetitive begging, panhandling, or soliciting despite refusals, the use of abusive or profane language,
unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The presence of
persons who solicit money from other persons at or near outdoor cafes, automated teller machines, the
entrances and exits of buildings and certain public events often carries with it an implicit threat to both
persons and property. This conduct constitutes a threat to the public health, welfare and safety of citizens.
Current city ordinances are insufficient to address aggressive panhandling to protect citizens from the fear
and intimidation accompanying certain kinds of begging, panhandling or solicitation that have become an
unwelcome, overwhelming and dangerous presence in certain parts of the City. The proposed ordinance
would restrict panhandling in areas where citizens are more likely to be vulnerable to harassment and
intimidation and where incidences of panhandling have the greatest impact on the health and safety of
persons. Restricting panhandling in such places will provide a balance between the rights of panhandlers
and the rights of persons who wish to decline or avoid the panhandling and will help avoid or diminish the
threat of violence in such unwarranted and unavoidable confrontations and provide for the safety and
security of the commuting public, tourists, and citizens wishing to use public places.
Adoption of the proposed attached ordinance is timely and appropriate and the regulations are narrowly
tailored to serve a substantial governmental interest by restricting begging, panhandling and soliciting in
certain public places while preserving ample alternative areas for the valid exercise of First Amendment
constitutional rights.
Logname: 12AGGRESSIVEPANHANDLINGORD Page 1 of 2
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this will have no material effect on city funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # -14m-
moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # mount
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Valerie Washington (6192)
Originating Department Head: Sarah Fullenwider (7606)
Laetitia Brown (6639)
Additional Information Contact: Kenneth Dean (4130)
Logname: 12AGGRESSIVEPANHANDLINGORD Page 2 of 2