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Home My WebLink About028915 ORD - 01/11/2011Page 1 of.4 ORDINANCE AMENDING SECTION 38-46, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY ADDING A NEW SECTION (i) TO REGULATE AGGRESSIVE PANHANDLING IN A PUBLIC PLACES AND BY PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; WHEREAS, the City Council finds that establishing a policy to regulate aggressive panhandling will provide for a more safe, secure, and aesthetic environment for the citizens and the city; WHEREAS, the City Council finds that aggressive solicitation is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder; and WHEREAS, the Texas Transportation Code Section 552.007 prohibits a person from standing in the roadway to solicit a ride, contribution, employment, or business from an occupant of a vehicle, except to solicit for a charitable contribution authorized by the local authority; WHEREAS, the City Code of Ordinances Section 38-46 provides for unlawful solicitation for charitable purposes; WHEREAS, the aggressive solicitation includes approaching or following pedestrians, repetitive soliciting despite refusals, the use of abuse or profane language to cause fear and intimidation, unwanted physical contact, or blocking pedestrian and vehicular traffic; WHEREAS, the presence of individuals who solicit money from persons at or near banks, automated teller machines, public transportation facilities, and crosswalks may cause fear of crime in a place that is confined, difficult to avoid, or where a person might find it necessary to wait; and WHEREAS, this section is intended to protect citizens from the fear and intimidation accompanying certain kinds of solicitation, and not to limit a constitutionally protected activity. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 38-46, Code of Ordinances, is amended by adding a new subsection (1), to read as follows: AGGRESSIVE PANHANDLING ORD 121020/0 028915 INDEXED Page 2 of ,4 "Sec. 38-46. Unlawful solicitation. "(i) Aggressive Panhandling Prohibited. "(1) Definitions. For the purposes of this subsection: "a. Aggressive means any of the following acts: "1. Making any physical contact with or touching the solicitee in the course of the solicitation without the solicitee's consent. "2. Following a solicitee, if that conduct is: "A. Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or "B. Reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. "3. Continuing to solicit after the solicitee has made a negative response to a solicitation, but does not include a request for reconsideration of the denial of a request for a commercial or consumer loan under normal business terms. "4. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver of a vehicle to take evasive action to avoid physical contact with the solicitor. "5. Using obscene or abusive language or gestures toward the solicitee. "6. Approaching the solicitee in a manner that: "A. Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the solicitee's possession or "B. Is reasonably likely to intimidate the solicitee into responding affirmatively to the solicitation. "b. Person means any individual, firm, company, corporation, organization, partnership, association, or other legal entity. "c. Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway, pedestrian way, or the common area of a AGGRESSIVE PANHANDLING ORD 12102010 Page 3 of 4 school, hospital, apartment house, office building, bus, bus station, bus stop, bank, restaurant, or business establishment. "d. Response means any reply or imperative instruction by a solicitee to a solicitor, the solicitee has been solicited or approached by the solicitor, whether verbal or non-verbal, to stop the solicitation, including, but not limited to, the use of gestures or words such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone," or "withdraw." "e. Solicitation means the act of panhandling by seeking through a request, by the spoken, written, or printed word, or by another means of communication with another person, an immediate donation or transfer of funds, goods, food, personal favors (such as transportation), clothing, drink, lodging, vehicle fare, or any other item or service to directly benefit the solicitor or a family member of the solicitor, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. "f. Solicitee means any individual to whom a solicitor directs a solicitation. "g. Solicitor means any person who engages in the act of solicitation. "(2) Offense. A person may not make a solicitation in an aggressive manner in a public place. "(3) Culpable mental state. A culpable mental state is not required, and need not be proved, for an offense under this subsection." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AGGRESSIVE PANHANDLING ORD 12102010 That the foregoing ordinance was read for he first time and passed to its second reading on this the P`1- day of tick.. �r 2010, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott i Linda Strong That theioregoing ordinance was read for the second time and passed finally on this the ( i-- day of 1f h / , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the l 1 day of ATTEST: Armando Chapa Joe Ad City Secretary Mayor APPROVED: 2"I day of December, 2010: R4ay eining First Assistant City Attorney For City Attorney 028915 Ava()kk4na 2 State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5959064 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces,Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02891 which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/17/2011, 1/17/2011. $ 88.02 1Time(s) On thi day o 1L1 � is a true and an exact py mad). LEGAL SALES REPRESENTIVE OWENN MODINA MY COMMISSION EXPIRES tuipt 2, 2012 2� I certify that the attached document publisher. N • tary Public, State of Texas January 17, 2011 » CALLER -TIMES Levi Notices 1110 NOTICEOF PASSAGE OF ORDINANCE NO. 028915 Amending Sect, 38-46, Code oi Ord., City of Corpus Chris- ti, by adding a new section (i) to regulate aggressive panhan- dling in public places & by providing that a culpable mental state is not required; pro- viding for penalties This ord. was passed & approved on its second reading on January 11,2011. /s/ Armando Chapa City Secretary