§ 78-50. Findings and purpose.

(a)

In enacting this article, the city council intends to protect the safety and welfare of the general public by imposing regulations against unsafe panhandling. This article imposes reasonable time, place and manner restrictions on unsafe panhandling while respecting the constitutional rights of free speech for all residents.

(b)

The city council finds that panhandling on roadway median strips, public transportation vehicles, at designated public transportation stops, and traffic intersections is unsafe, disturbing and disruptive to residents and transit-dependent persons.

(c)

The practice of panhandling for contributions from persons in vehicles in the public roadway from a median strip or near intersections subjects the panhandlers, pedestrians and vehicles to an unacceptable level of danger. Drivers become distracted from their primary duty to watch traffic which results in the delay and obstruction of the public's free flow of travel. These activities further result in the congestion and blockage of streets when such persons approach the vehicles to negotiate with the occupants. The most severe impacts are experienced when money or other items of value are directly and immediately exchanged, hand-to-hand, in the public right-of-way as a result of the solicitation. Distracted drivers are more prone to be involved in automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem.

(d)

The city council finds that the practice of panhandling near driveways accessing shopping centers, retail and business establishments presents an unacceptable level of danger for panhandlers, pedestrians and vehicles. The location of the panhandler near the driveway interferes with drivers' vision and ability to safely enter and exit the driveway. Furthermore, drivers become distracted from their duty to watch traffic as they maneuver to avoid a panhandler preventing safe access to the driveway, then causing vehicular congestion and blockage of traffic. As set forth above, distracted drivers are more prone to automobile accidents and the safety risk to the panhandlers increase.

(e)

The city council further finds that panhandling from people in places where they are a "captive audience" (in which it is impossible or difficult for them to exercise their own rights to decline to listen to or to avoid panhandling from others) is abusive, detracts from the right of transit-dependent persons and residents to the quiet enjoyment of these public facilities on which these persons necessarily rely, increases the vulnerability to intimidation of such residents since they must have cash out or readily available at such sites, and creates an unacceptable risk to the residents' safety and welfare. Such places include automated teller machines, gas stations, public transportation vehicles and designated public transportation stops. Restricting panhandling in these places will provide a balance between the rights of panhandlers and the rights of persons who will commonly be carrying cash on their persons and wish to decline or avoid such panhandlers.

(f)

The restrictions contained herein are neither overbroad nor vague, and are narrowly tailored to serve a substantial governmental interest. The goal of this article is to protect city residents, visitors and panhandlers from traffic safety problems, along with intrusive conduct and personal intimidation that may result from panhandling.

(g)

Reasonable time, place and manner restrictions on panhandling will avoid these negative effects and will not unreasonably restrict the expressive activity of people engaging in panhandling.

(Ord. No. 2010-03, § 1, 8-12-2010)