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2015-04 Code Amendment - Panhandling RegulationsORDINANCE NO. 2015 -04 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, "IN GENERAL," OF CHAPTER 19, "OFFENSES AND MISCELLANEOUS REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING A NEW SECTION 19 -12, "PANHANDLING;" PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATION OF CERTAIN CONDUCT; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council finds that an increase in panhandling, begging and solicitation throughout the Village has been disturbing and disruptive to residents and business and has contributed to the loss of access to, and enjoyment of, public places; and WHEREAS, the Village Council further finds that such activities disrupt the free flow of pedestrian and vehicular traffic and intimidate persons in public places, thereby creating safety concerns and undermining the Village Council's efforts to promote and attract businesses and tourism and to preserve the quality of life within the Village; and WHEREAS, the Village Council wishes to regulate such activities for the protection of its residents, visitors and businesses without limiting the exercise of constitutionally protected activities, such as the rights to picket, protest or solicit funds; and WHEREAS, the Village Council determines that adoption of this Ordinance is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends Article I, "In General," of Chapter 19, "Offenses and Miscellaneous Regulations," by adopting a new Section 19 -12 to read as follows (additional language underlined): Sec. 19-12. Panhandling. La) Intent. The intent of this section is to protect persons from threatening, intimidating or harassing behavior, to keep public places safe and attractive for use of all members of the community, to provide for the free flow of traffic and the safety of motorists and pedestrians and to preserve public places where persons can interact in a peaceful manner. This section is not intended to proscribe any demand for payment for services rendered or goods delivered or to prohibit constitutionally protected speech or conduct. Page 1 of 4 Definitions. Whenever the following words and phrases are used in this section, they shall have the following meanings: Aggressive manner shall mean: (11) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation; or Q Following the person being solicited, if that conduct is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably ey to intimidate the person being solicited into responding affirmatively to the solicitation, or tD Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: a. Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b. Intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; or Intentionally or recklessly using words: a. Intended or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in person's possession; or b. Intended to or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Page 2 of 4 Automated teller machine means a device, linked to a 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. Banking facility means all banks, trust companies private bankers savings banks, industrial banks, safe deposit companies savings and loan associations credit unions and investment companies. Panhandle means to solicit through the spoken, written or printed word or through other acts or body gestures for the purpose of requesting money other thing of value where the person solicited receives little or no monetary in exchange and where a reasonable person would understand that the transaction is essentially a donation. Panhandling shall not include: (a) the solicitation of contributions on behalf of a charitable entity or other organization exem tp from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code; or (b) passively performing music with a sign indicating that a donation is sought. (c Prohibited conduct. (1) No person shall panhandle in an aggressive manner within the corporate limits of the village. No person shall panhandle within twenty (20) feet of any automated teller machine, an entrance or exit to a banking g_acility1 or an entrance or exit to a business establishment open to the public or a governmental building. No person shall panhandle when either the person soliciting or the person being solicited is at a bus stop or within a public transportation vehicle. t4,) No person shall panhandle in any parking l parking garage. (5) No person alongside or within the median of any roadway shall panhandle from any occupant of a motor vehicle that is on a roadway nor shall any person stand alongside a roadway or within the median for the purpose of panhandling: No person shall panhandle on rip vate property without the permission of the owner. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Page 3 of 4 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 26TH DAY OF MARCH, 2015. PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF APRIL, 2015. (Village Seal) ATTEST: VILLAGE ._. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 4 of 4