HomeMy WebLinkAbout030746 ORD - 01/19/2016 Ordinance
Amending Article II Unlawful Solicitation of the Corpus Christi Code of Ordinance
to prohibit solicitation in the Central Business District, North Beach and on
private property without permission; prohibiting solicitation within 25 feet of an
ATM, bank, public transportation stop or outdoor dining area; Providing for
severance, publication, penalty; and an effective date.
Whereas, the City recognizes there are citizens in the community in need
of food, shelter and social services;
Whereas, panhandling is not the best way for individuals to achieve
lasting assistance, support or shelter;
Whereas, it is the community's desire to eliminate the need for
panhandling by providing appropriate assistance to individuals in need;
Whereas, tourism is important to the economy for the Central Business District
and North Beach area;
Whereas, the City Council finds and determines that solicitation (including
panhandling) is detrimental to tourism and the significant revitalization efforts underway
in the Central Business District and North Beach;
Whereas, the -: ••- - .- '- - -- • : homeless service providers
and the members of the faith community have indicated they are willing to
conduct outreach to those panhandling to identify and address their needs for
social services;
Whereas, the members of the faith community are willing to empower
those adversely impacted by panhandlers (i.e., business owners throughout the
community) with the interpersonal skills to engage and the ability to help the
people panhandling to navigate available resources to address their needs;
Whereas, the City is actively working to identify alternatives to
panhandling, including food vouchers that Police Officers and interested citizens
can give to panhandlers instead of money;
Whereas, the City Police Department is installing special parking meters
for interested individuals to donate money to homeless shelters to help those
previously panhandling;
Whereas, the City is dedicated to encouraging economic development
opportunities to create jobs and meaningful work for those struggling to make
ends meet;
030746 Pagel
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Whereas, City Council finds it necessary to utilize the City's police power to
protect the well-being and tranquility of a community within constitutional limitations;
Whereas, City Council finds that solicitation is commercial speech;
Whereas, City Council finds it necessary to regulate commercial activity to
accomplish the following purposes: (1) the prevention of fraud, (2) the prevention of
crime, and (3) the protection of resident's privacy;
Whereas, City Council finds it necessary to regulate solicitation of funds related
solely to the economic interests of the speaker and its audience that do not involve
persuasive speech seeking support for particular causes or for particular views on
economic, political, or social issues;
Whereas, City Council finds soliciting that is conducted using the dissemination
of information that is false, deceptive, or misleading is an act that is disreputable worthy
of prohibition;
Whereas, City Council finds solicitation in certain areas creates a threat to public
safety; and
Whereas, City Council finds it necessary to eliminate nuisance activity
associated with the solicitation of funds.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Chapter 38, Article II Unlawful Solicitation, Section 40 Definitions, is
amended as follows:
Sec. 38-40. - Definitions.
As used in this article, the following terms shall have the meanings ascribed to them
in this section, unless the context of their usage clearly indicates another meaning:
(1) Aggressive panhandling means any of the following acts:
a. Making any physical contact with or touching the solicitee in the course of
the solicitation without the solicitee's consent.
b. Following a solicitee, if that conduct is:
1. 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
2. Reasonably likely to intimidate the solicitee into responding affirmatively
to the solicitation.
Page 2
c. 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.
d. 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.
e. Using obscene or abusive language or gestures toward the solicitee.
f. Approaching the solicitee in a manner that:
1. 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
2. Is reasonably likely to intimidate the solicitee into responding
affirmatively to the solicitation.
(2) Central Business District as defined in Chapter 4 of the Corpus Christi Code.
(3) (2) Charitable purpose means any purpose, whether actual or purported,
which an ordinary citizen reasonably could classify as charitable, benevolent,
philanthropic, patriotic, religious, social service, welfare, educational,
eleemosynary, cultural, artistic, or for a public service or association of public
servants.
(4)-(-3-) Charitable organization means any person who engages in, or purports to
engage in solicitation for a charitable purpose and includes a chapter, branch,
area office, or similar affiliate or any person soliciting contributions within the
city for a parent charitable organization, but does not include an organization
whose primary purpose is supporting or opposing any candidate for elective
office, or influencing the nomination for election or the election of any candidate
for elective office.
(5) North Beach means the peninsula found north of the Corpus Christi Harbor
Bridge within the City limits.
(6) (4) Person means any individual, organization, group, firm, association,
partnership, corporation, company, trust or joint stock association, church,
religious sect, religious denomination, society, or league, and includes any
trustee, receiver, assignee, agent or other similar representative thereof.
(7) (5) Professional fundraiser means any person who for financial compensation
or profit performs for a charitable organization service in connection with which
contributions are, or will be, solicited in this city by the compensated person or
by any compensated person the person employs, procures, or engages to
solicit; or any person who for compensation or profit plans, manages, advises,
consults, or prepares material for, or with respect to, the solicitation in this city
of contributions for a charitable organization. No investment adviser, investment
adviser representative, broker-dealer, or lawyer, accountant, or banker who
Page 3
advises a person to make a charitable contribution or who provides legal,
accounting or financial advice in the ordinary course of a profession or business
shall be deemed, as a result of the advice, to be a professional fundraiser. A
bona fide salaried officer, employee, or uncompensated volunteer of a
charitable organization is not a professional fundraiser.
(8) (6) 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 school, hospital,
apartment house, office building, bus, bus station, bus stop, bank, restaurant, or
business establishment.
(9) (7) 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."
(10) (8) Solicit funds or solicitation of funds means to ask, beg, solicit, or plead,
whether orally or in a written or printed manner, for the purpose of receiving
money or items of value. any request for the donation of money, property, or
anything of value, or the pledge of a future donation of money, property, or
anything of value; or the selling or offering for sale of any property, real or
personal, tangible or intangible, whether of value or not, including, but not
limited to, goods, books, pamphlets, tickets, publications or subscriptions to
proceeds of such sale will be used for a charitable-purpose as such term is
herein defined. Expressly excluded from the meaning of "solicit funds" or
• n
subdivision.
(11) (9) Solicitee means any individual to whom a solicitor directs a solicitation.
(12) (a-0-) Solicitor means any person who engages in the act of solicitation.
(Ord. No. 030237, § 6, 7-29-2014)
SECTION 2. Chapter 38, Section 43 Solicitation prohibited is created as follows:
38-43 Solicitation prohibited
(a) A person commits an offense if they solicit funds or receive funds in relation to a
solicitation on a public roadway or sidewalk located within any of the following:
(1) Central Business District; or
(2) North Beach;
Page 4
(b) A person commits an offense if they solicit funds on private property.
(1) It is an affirmative defense to prosecution under this subsection if the solicitation of
funds was being conducted on property with permission of the owner, manager, or other
person in control of the property.
(c) A person commits an offense if they solicit funds within 25 feet of:
(1) an automated teller machine;
(2) an entrance or exit of a bank, credit union, or other similar financial institution;
(3) a public transportation stop; or
f4) an outdoor dining area of a fixed food establishment.
(d) It is a defense to prosecution under this section that the person solicited or received
funds for a non-commercial purpose while exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion, freedom of
speech, or the right of assembly.
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 hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 5. Penalties are as provided in Section 1-6 of the Code of Ordinances.
SECTION 6. This ordinance takes effect after official publication 60 days after passage
on second reading.
Page 5
That the foregoing or n ne
ce was r-ad for he firsIti and passed to its second
reading on this the 1i2 "day of . ► i `( f-by the following vote:
Nelda Martinez a� tt ,Brian Rosas --4—
Rudy Garza D A! Lucy Rubio —4
Chad Magill --01,-,--
��! Mark Scott1--attptiltul.,'
Colleen McIntyre /.i� Carolyn Vaughn
j
Lillian Riojas
IA.A
I
That the f going ordi -nce was read for he second time and passed finally on this
the t ay of , L ,L. . /., 01� , by the following vote:
Nelda Martinez Brian Rosas
Rudy Garza Lucy Rubio __*____
Chad Magill / Mark Scott
Colleen McIntyre ,P Carolyn Vaughn (21(..)
Lillian Riojas
PASSED AND APPROVED, this the I q th day of ,tI,,AL. ' ,, kik
I
ATTEST:
—0-- .. 41A1A-1,
Rebecca Huerta Nelda Martinez
City Secretary Mayor
V
O307u1' Page6
1
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 901517
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 REPRESENATIVE 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(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 01/25/16 Mon
CC-Internet - caller.com 01/25/16 Mon
LEGAL SALES REPRESENTATIVE
On this J day of F -s r , 20 I LI certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
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lowdliwall...116416.0.-ak-416-46.416.46.41646.0 MI 4-
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MICHELLE JOYCE CABRERA iv
My Commission Expires
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2E1»Monday,J'an`uary 25,2016»CALLER-TIMES
Leg
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 030746, Ordinance
amending Article II Unlaw-
ful Solicitation of the Corpus
Christi Code of Ordinance to
prohibit solicitation in the
Central Business District,
North Beach and on private
propertywithout permis-
sion;prohibiting solicitation
within 25 feet of an ATM,
bank, public transportation
stop or outdoor dining area;
providing for severance
publication, penalty; and
an effective date of March
19,2016.This ordinance was
passed and approved on
second reading by the Cor-
pus Christi City Council on
January 19,2016.
/s/Rebecca Huerta
City Secretary