HomeMy WebLinkAbout2008-03-11 Ordinance~7
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER
5, ENTITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "BEGGING,"
TO PROHIBIT SOLICITING FOR MONEY IN LIMITED AREAS, AT CERTAIN TIMES,
AND IN AN AGGRESSIVE MANNER.
WHEREAS, aggressive solicitation is disturbing and disruptive to citizens and businesses, contributes
to the loss of access to and enjoyment of public places and also enhances the sense of fear, intimidation
and disorder;
WHEREAS, persons who are using an automated teller machine, sitting in a sidewalk cafe, watching
their children play on playground equipment, and walking into a business are susceptible to undue
intimidation, pressure, and harassment from solicitors;
WHEREAS, a confined, unwilling, -and captive audience is susceptible to undue intimidation,
pressure, and harassment from solicitors;
WHEREAS, the City has an interest in protecting persons from intimidation and harassment, an
interest in public safety, and an interest in the free flow of pedestrian traffic;
WHEREAS, the purpose of designating the area defined as Zone 1 in city plaza was to keep the area
abutting buildings free from objects or other obstructions;
WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City;
WHEREAS, the City has made a substantial investment in city plaza, the Central Business District,
the Near Southside Commercial Area, and the Northside Marketplace Area to ensure their continued
economic, community, and social vitality;
WHEREAS, this ordinance is not intended to limit any person from exercising their constitutional right
to solicit funds, picket, protest or engage in other constitutionally protected activity but rather its goal is to
protect citizens from the fear and intimidation that accompany certain kinds of solicitation that are
unwelcome, to ensure the free flow of pedestrian traffic, and to encourage economic vitality; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 2,
entitled "Begging," is deleted in its entirety and the following Section 2 is substituted in lieu thereof:
A. Definitions.
"Aggressive manner" means any of the following:
1. Touching or causing physical contact with the person solicited.
2. Blocking the passage of the person solicited.
3. Continuing to solicit after a refusal by the person solicited.
4. Following behind, ahead or alongside a person who walks away from the solicitor after being
solicited.
5. Using obscene, profane or abusive language or gestures toward the person solicited.
"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, and balance inquiries.
Ordinance No.
Page 2
"Downtown" means Central Business District, Near Southside Commercial Area, and the
Northside Marketplace Area as illustrated on the map below.
"Solicit" means to request an immediate donation of money or other thing of value from another
person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The
solicitation may be, without limitation, by the spoken, written or printed word or by other means of
communication.
B. In the "downtown," it is illegal:
1. To solicit in an aggressive manner.
2. To solicit within ten (10) feet of the anchored or temporary fencing to a sidewalk cafe.
3. To solicit within ten (10) feet of an entrance to or exit from any building.
4. To solicit within ten (10) feet of the concrete border to the playground equipment located south
of the public library in city plaza.
5. To solicit within twenty (20) feet of an automated teller machine.
6. To solicit within ten (10) feet of a mobile vendor.
C. No person shall be cited under subsections 62-66 above unless the person engages in conduct
prohibited by said subsections after having been notified by a peace officer that the conduct violates the
City ordinance.
D . In places within the City other than "downtown," it is illegal to solicit in an aggressive manner or in
a manner that will impair orderly movement of pedestrian or vehicular traffic or otherwise create
unreasonable health and safety concerns.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
punishable by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
A r d by ~
City Attorney's Office d'
Sue/ord/panhandle.doc
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 3 / 11 / 2008
Vote for passage: AYES: Hayek, 0' Donnell, Wilburn, Bailey, Champion, Correia.
NAYS:Wr~tght. ABSENT: None.
Second Consideration
Vote for passage:
Date published
k~
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
DINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPT
5, TITLED "MISCELLANEOUS OFFENSES," SECTION 2, ENTITLED "BEGGI ,"
TOP OHIBIT SOLICITING FOR MONEY IN LIMITED AREAS, AT CERTAIN T ES,
AND I N AGGRESSIVE MANNER.
WHEREAS, ag res
to the loss of access
and disorder;
WHEREAS, person
their children play on
intimidation, pressure, a
WHEREAS, a con
pressure, and harassm
WHEREAS, the Ci
interest in public safety, and an inter st
WHEREAS, the purpose of desig a
abutting buildings free from objects or
WHEREAS, Resolution No. 99-337
and Ordinance No. 99-3900 designated
WHEREAS, the primary objective
encourage the revitalization of commer
structures;
WHEREAS, Resolution No. 99-353 approves
Plan, and Ordinance No. 94-3657 designated the
WHEREAS, the primary objectives of the N
encourage commercial use and the reuse of histoi
WHEREAS, the objectives of the Northside
safe and inviting experience for residents an ~
essential part of Iowa City;
WHEREAS, the City has made a subs
the Near Southside Commercial Area, a d
economic, community, and social vitality
WHEREAS, this ordinance i
to solicit funds, picket, protest o
protect citizens from the fear
unwelcome, to ensure the free fl
WHEREAS, it is in the bes
NOW, THEREFORE, BE
n and harassment, an
in city plaza was to keep the area
ess District Urban Revitalization Plan
strict Urban Revitalization Plan is to
f history and architecturally significant
ear Southside Commercial Urban Revitalization
~uthside Commercial Urban Revitalization Area;
uthside Commercial Revitalization Plan was to
rchitecturally significant structures;
~Streetscape Master Plan include providing a
an reintroducing the area as an exciting and
plaza, the Central Business District,
lace Area to ensure their continued
cising their constitutional right
kinds of solicitation that are
ctivity but rather its goal is to
onomic vitality; and
TY OF CITY, IOWA:
1. Title 8, entitled olice Regulations, Chapter 5 entitled "Miscellaneous Offenses," Section 2,
entitled "Begging," is d eted in its entirety and the following Section 2 is substitute ~n lieu thereof:
A. Definitions.
"Aggressiv annex" means any of the following:
1. Touc ~ g or causing physical contact with the person solicited.
2. Blo ing the passage of the person solicited.
3. C tinuing to solicit after a refusal by the person solicited.
4. Ilowing behind, ahead or alongside a person who walks away from the solicitor er being
5. ~ Using obscene, profane or abusive language or gestures toward the person solicited.
"Automated teller machine" means a device linked to a financial institution's account recor ,
which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash
withdrawals, and balance inquiries.
sive solicitation is disturbing and disruptive to citizens and
and enjoyment of public places and also enhances the sf
s ho are using an automated teller machine, sitting in
pla round equipment, and walking into a business r
nd h assment from solicitors;
fined, nwilling, and captive audience is susce tible
ent from licitors;
ty has an ~ terest in protecting persons from ~ timidati~
in the free flow of pedestrian
ting the area defined as Zon
her obstructions;
proved the Central B in
th Central Business D' trio
oft Central Busin ss Di
cial ac ~ itv and the euse o
fiesses, contributes
of fear, intimidation
~ewalk cafe, watching
susceptible to undue
to undue intimidation,
ntial investment in
the Northside Mai
s not i ended to limit any person fro exer
r en ge in other constitutionally protec d a
an intimidation that accompany certa
of pedestrian traffic, and to encourage
nterest of the City to adopt this ordinance.
ORDAINED BY THE CITY COUNCIL OF TH
Ordinance No.
Page 2
"Dawn" is defined in section 10-9-2(I)(3) of this Code.
"Downtown" means Central Business District, Near Southside Commercial Area, and e
Northside Marketplace Area as illustrated on the map below.
"Dusk" is defined in section 10-9-2(I)(3) of this Code.
"Solicit" means to request an immediate donation of money or other thing of value fr another
erson, regardless of the solicitor's purpose or intended use of the money or other thing value. The
s icitation may be, without limitation, by the spoken, written or printed word or by her means of
co unication.
B. In a "downtown," it is illegal to solicit:
1. an aggressive manner.
2. Wit ~ ten (10) feet of the anchored o
3. Within en (10) feet of an entrance to
4. Within t (10) feet of the concrete
public library in city laza.
5. Within twent 20) feet of an automat
6. Within ten (10) et of a mobile vend
7. From dusk to da
C. No person shall be ci d
prohibited by said subsection
City ordinance.
D . In places within the City othe th
a manner that will impair orderly m
unreasonable health and safety conc ns.
SECTION II. VIOLATION. Any violatio of
punishable by a fine of $65.00.
SECTION III. REPEALER. All ordinances
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
invalid or unconstitutional, such adjudication sha
section, provision or part thereof not adjudged i
SECTION V. EFFECTIVE DATE. This O in
publication, as provided by law.
Passed and approved this day f
MAYOR
ATTEST:
CITY CLERK
A ro ed by
2'
ss the person engages in conduct
officer that the conduct violates the
under subsections 62-67 above
after having been notified by a pE
3 ,S- = d cY
an "downtown," it is ill al to solicit in an aggressive manner or in
ement of pedestrian r vehicular traffic or otherwise create
r temporary fencing to a sidewalk fe.
any building.
border to the playground equ~ ment located south of the
ed teller machine.
or.
this ordin;~ce shall be considered a simple misdemeanor
of ordinances in conflict with the provision of this
ision or part of the Ordinance shall be adjudged to be
not a ect the validity of the Ordinance as a whole or any
slid or u onstitutional.
ance shall in effect after its final passage, approval and
2008.
City Attorney's
Downtown
ELF ~OMINGTON ST
Ort~IS~ ~ Merc
Q
Y
P ~ e Hospital
~~ ne
~,
41ARKET cT
cn r- z
~ ~N
Z N w
p ~~ ~ ~
J ~ m Z
U ~~ _ Q
Z w L~
~~ JI c~ >
IOWA AVE
JEFFERSON Sl
~~
UNl l/ERSI TY
Z
0
~,
o
Q
,; ~,~ ~.~
,_
~~
~-
~_t
'~ `I
~,
~~ ~
N
Z
0
~_
\; PRENTISS
L
~~I
~,
~~
-,
N ar
S utl s do
cc~~ ~ ~ r- , ~--__
oun y Pos t
Court ffice
House rri o
/ P r
~ HARRISON ST
-~ ~
C '~ ~ ~ w
r~ > J Z ~ ~
V O O ~
m
a Z
U U ~ ~
1 r`,,
~c~unce
ian ~`
f
i
~~
z
w
~~
m
z
Q
STATE HIGHWAY
H
z
w
m
z
a
l~,
N
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS,"
CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY ADDING A NEW
SECTION 10, ENTITLED "SITTING AND LYING ON SIDEWALKS" TO PROHIBIT
SITTING AND LYING ON PUBLIC SIDEWALKS IN THE DOWNTOWN AND IN
ZONE 1 OF CITY PLAZA.
WHEREAS, the City has an interest in the free flow of pedestrian traffic;
WHEREAS, public sidewalks are created and maintained for the primary purposes of enabling
pedestrians to safely and effectively move about from place to place, facilitating deliveries of goods and
services, and providing potential customers with convenient access to goods and services;
WHEREAS, pedestrians, particularly the elderly, disabled or vision -impaired, are put at increased
risk when they must navigate around individuals sitting or lying upon the public sidewalks;
WHEREAS, sitting or lying on the public sidewalks in downtown and neighborhood commercial areas
interferes with the primary purposes of the public sidewalk and threatens public safety;
WHEREAS, in some circumstances, sitting or lying deters persons from shopping or dining in an area
or at a particular establishment and undermines the essential economic vitality of those areas;
WHEREAS, there are numerous other places within the downtown and neighborhood commercial
areas where sitting or lying down can be accommodated without unduly interfering with the safe flow of
pedestrian traffic, impairing economic vitality, or threatening public safety;
WHEREAS, Resolution No. 99-337 approved the Central Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Central Business District;
WHEREAS, the primary objective of the Central Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activity and the reuse of history and architecturally significant
structures;
WHEREAS, Resolution No. 99-353 approved the Near Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated the Near Southside Commercial Urban Revitalization Area;
WHEREAS, the primary objectives of the Near Southside Commercial Revitalization Plan was to
encourage commercial use and the reuse of historic and architecturally significant structures;
WHEREAS, the objectives of the Northside Marketplace Streetscape Master Plan include providing a
safe and inviting experience for residents and visitors and reintroducing the area as an exciting and
essential part of Iowa City; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
1. Title 8, entitled "Police Regulations, Chapter 5 entitled "Miscellaneous Offenses," is hereby
amended by adding a new Section 10, entitled "Sitting and Lying on Sidewalks" as follows:
1. No person shall sit or lie down upon a public sidewalk in the downtown or in Zone 1 of city
plaza or on a blanket, chair, stool, or any other object placed on a public sidewalk in the downtown or
in Zone 1 of city plaza
2. This prohibition shall not apply to:
a. A person attending, viewing, or participating in any of the following events: Friday Night
Concert Series, Arts Fest, Jazz Fest, University of Iowa Homecoming parade, University
of Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, public assembly,
festival, performance or similar event co-sponsored or permitted by the City of Iowa City,
where crowds of people gather.
b. A person sitting or lying down due to a medical emergency.
c. A person with disabilities using a wheelchair or similar device designed for a person with
disabilities.
d. A person sitting at a sidewalk cafe.
e. A person sitting or lying on a bench or planter affixed to the public sidewalk.
f. A person who has a temporary use of sidewalk permit, a mobile vending permit, or other
permit issued by the City.
3. No person shall be cited under this section unless the person engages in conduct after having
been notified by a peace officer that the conduct violates the City ordinance.
Ordinance No.
Page 2
4. "Downtown" means the Central Business District, the Near Southside Commercial Area, and
the Northside Marketplace Area as illustrated on the map in Section 8-5-2 of this Code. "Zone
1 of city plaza" means "zone 1" as that term is defined in section 10-5-2 of this Code.
SECTION II. VIOLATION. Any violation of this ordinance shall be considered a simple misdemeanor
and punished by a fine of $65.00.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Ap ved by ~~-~~`~
3 ' ~Z-~~
City Attorney's Office
Sue/ordlnema sitting.doc
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 3 / 11 / 2008
Vote for passage: AYES: O'Donnell, Wilburn, Wright, Bailey, Champion, Correia,
Hayek. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240;
ORDINANCE N0.
ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE RE CATIONS,"
CHAPTER 5, ENTITLED "MISCELLANEOUS OFFENSES," BY A ING A NEW
SECTION 10, ENTITLED "SITTING AND LYING ON SIDEWALKS' TO PROHIBIT
SITTING AN~ LYING ON PUBLIC SIDEWALKS IN THE DOW TOWN AND IN
ZONE 1 OF QITY PLAZA.
WHEREAS, the City as an interest in the free flow of pedestrian traffic
WHEREAS, public si ewalks are created and maintained for the primary purposes of enabling
pedestrians to safely and a ectively move about from place to place, f cilitating deliveries of goods and
services, and providing poten ~al customers with convenient access to nods and services;
WHEREAS, pedestrians, rticularly the elderly, disabled or vi 'on -impaired, are put at increased
risk when they must navigate aro nd individuals sitting or lying upo the public sidewalks;
WHEREAS, sitting or lying on a public sidewalks in downto nand neighborhood commercial areas
interferes with the primary purposes f the public sidewalk and t eatens public safety;
WHEREAS, in some circumstanc ,sitting or lying deters ersons from shopping or dining in an area
or at a particular establishment and un rmines the essential conomic vitality of those areas;
WHEREAS, there are numerous of er places within a downtown and neighborhood commercial
areas where sitting or lying down can be ccommodated ithout unduly interfering with the safe flow of
pedestrian traffic, impairing economic vitalit , or threate ~ g public safety;
WHEREAS, Resolution No. 99-337 appro ed the entral Business District Urban Revitalization Plan
and Ordinance No. 99-3900 designated the Cen al siness District;
WHEREAS, the primary objective of the C al Business District Urban Revitalization Plan is to
encourage the revitalization of commercial activit nd the reuse of history and architecturally significant
structures;
WHEREAS, Resolution No. 99-353 appro ed the ear Southside Commercial Urban Revitalization
Plan, and Ordinance No. 94-3657 designated he Near uthside Commercial Urban Revitalization Area;
WHEREAS, the primary objectives of a Near So side Commercial Revitalization Plan was to
encourage commercial use and the reuse f historic and arc ~tecturally significant structures;
WHEREAS, the objectives of the No hside Marketplace eetscape Master Plan include providing a
safe and inviting experience for resid nts and visitors and re troducing the area as an exciting and
essential part of Iowa City; and
WHEREAS, it is in the best inte st of the City to adopt this ordin ce.
NOW, THEREFORE, BE IT DAINED BY THE CITY COUNCIL THE CITY OF CITY, IOWA:
SECTION I. AMENDMENT .
1. Title 8, entitled "Poli a Regulations, Chapter 5 entitled "Miscell eous Offenses," is hereby
amended by adding a new ction 10, entitled "Sitting and Lying on Sidewalks s follows:
1. No person sh sit or lie down upon a public sidewalk in the down wn or in Zone 1 of city
plaza or on a blanke ,chair, stool, or any other object placed on a public sidew kin the downtown or
in Zone 1 of city pl a
2. This pro ~ ition shall not apply to:
a. A p rson attending, viewing, or participating in any of the following even ~ Friday Night
C ncert Series, Arts Fest, Jazz Fest, University of Iowa Homecoming pars ,University
Iowa River Run, Old Capitol Criterium Bicycle Race or any parade, publi ssembly,
festival, performance or similar event co-sponsored or permitted by the City of wa City,
where crowds of people gather.
A person sitting or lying down due to a medical emergency.
c. A person with disabilities using a wheelchair or similar device designed for a person ~ h
disabilities.
`- d. A person sitting at a sidewalk cafe.
e. A person sitting or lying on a bench affixed to the public sidewalk.
f. A person who has a temporary use of sidewalk permit, a mobile vending permit, or other
permit issued by the City.
3. No person shall be cited under this section unless the person engages in conduct after having
been notified by a peace officer that the conduct violates the City ordinance.
Ordinance No.
Page 2
4. "Downtown" means the Central Business District, the Near Southside ommercial Area, and
the Northside Marketplace Area as illustrated on the map in Section 8 -2 of this Code. "Zone
1 of city plaza" means "zone 1" as that term is defined in section 10- of this Code.
SECTION II. VI CATION. Any violation of this ordinance shall be consid red a simple misdemeanor
and punished by a fi of $65.00.
SECTION III. REP LER. All ordinances and parts of ordinances in nflict with the provision of this
Ordinance are hereby rep sled.
SECTION IV. SEVERA CITY. If any section, provision or part of th rdinance shall be adjudged to be
invalid or unconstitutional, suc adjudication shall not affect the validit of the Ordinance as a whole or any
section, provision or part thereo of adjudged invalid or unconstitutio I.
SECTION V. EFFECTIVE DA E. This Ordinance shall be in a ct after its final passage, approval and
publication, as provided by law.
Passed and approved this y of , 2008.
MAYOR
ATTEST:
CITY CLERK
pr ved by
City Attorney's Office
Sue/ord/nema sitting.doc
r
~..:.®
.'.lll- p~~ CITY O F IOWA CITY 6
,,~
®~~~ ~ E ~ ~ RA ~ D U ~
DATE: 3/5/2008
TO: CITY COUNCIL
FROM: ELEANOR M. DILKES, CITY ATTORNEY
RE: SOLICITATION OF IMMEDIATE DONATIONS IN DOWNTOWN IOWA CITY
INTRODUCTION
As requested by the City Council, on the agenda is a proposed ordinance to regulate solicitation of
immediate donations in the "downtown". Staff is also providing for Council's consideration an ordinance
that prohibits sitting and lying within ten (10) feet of a building in city plaza ("Zone 1") or on any public
sidewalk in the "downtown."
In both ordinances "Downtown" is defined as areas within the Central Business District Urban
Revitalization Plan, the Near Southside Commercial Urban Revitalization Plan, and the Northside
Marketplace Streetscape Master Plan. Given that Council has invested considerable sums over the
last thirty-five years in these designated areas to ensure their economic and social vitality and that
these areas have the most pedestrian traffic, both ordinances are limited to these areas. As you know,
Iowa City's current "begging" ordinance prohibits begging that is accompanied by assault, fraud or
harassment, and "begging" conducted in confined spaces or in an area where the activity impairs
orderly movement or creates safety concerns. The existing ordinances continue to prohibit solicitation
in this manner in parts of the City outside the downtown.
SOLICITATION
The degree to which a government may restrict speech depends on the type of public forum involved.
City Plaza and public sidewalks downtown are "traditional public forums." In traditional public forums,
governments can impose "time, place, and manner restrictions" which are "content neutral," are
"narrowly tailored to serve a significant government interest," and leave open "alternative channels of
communication." Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989). Generally, courts that have
addressed restrictions on solicitation have analyzed the restrictions using this framework. See, ems.
Gresham v. Peterson, 235 Fad 899 (7~h Cir. 2000); Doucette v. City of Santa Monica, 955 F. Supp 1192
(C.D. Cal. 1997).
In my opinion, the proposed ordinance is content neutral. It applies to individuals as well as to
charitable organizations. It also applies to musicians who may set out a hat or a guitar case. The
restrictions on solicitation are limited to time (no soliciting from dusk to dawn), place (such as no
soliciting within 10 feet of an entrance to or exit from any building), and manner (such as no touching
the person being solicited). The City has interests in protecting persons from intimidation and
harassment, in public safety, and in the free flow of pedestrian traffic. The proposed restrictions are
narrowly tailored to meet these interests by, for example, prohibiting solicitation within a reasonable
distance of captive audiences, as opposed to prohibiting solicitation throughout the City. Last, because
people may solicit non-aggressively and safely outside of downtown, as well as in many areas in City
Plaza and the downtown, the ordinance provides alternative channels of communication.
SITTING/LYING ON PUBLIC SIDEWALKS
Persons who sit or lie on the sidewalk for any purpose impede the free flow of pedestrian traffic. The
agenda also includes a proposed ordinance prohibiting people from sitting or lying in Zone 1 of city
plaza (which is the ten foot strip directly abutting the property lines) or on any public sidewalk in the
downtown. There are exceptions for events where crowds of people gather, medical emergencies,
wheelchairs, sidewalk cafes, benches affixed to the sidewalk and activities permitted by the City.
No one can be cited for violating the place and time restrictions in the ordinance unless a peace officer
has first informed the person that he or she is violating the ordinance. Aggressive solicitation requires
no such warning. Both ordinances establish $65.00 as the fine for the offenses.
Copy to:
Interim City Manager
City Clerk
Sue/ofcmemo/cc-emd-panhandling
Date: March 5, 2008
r
r~~
To: City Council~~
From: Linda Seversdri, JCCOG Human Services Coordinator
Re: Panhandling in the Downtown Area
JCCOG
m e m o
The issue of panhandling in the downtown area of Iowa City is a concern to many of us. Mayor
Bailey asked that I do some research on what other communities are doing in response to
panhandling and also to get input from the Local Homeless Coordinating Board which is
composed of local service providers, the faith community, local government staff, and interested
individuals.
I have attached a summary of the discussion on panhandling from the February 13th Local
Homeless Coordinating Board's meeting.
I have contacted the National Coalition for the Homeless to discuss this issue, and have learned
some strategies that are happening in other communities. In addition to business entrance
proximity regulations, other communities are discouraging panhandling by:
• giving funds to agencies that work with people who are homeless or in need of
assistance
• outreach by service providers to deal with aggressive panhandlers
• encouraging people not to give cash to panhandlers
• giving vouchers or coupons for food, bus transportation, or laundry instead of cash
A high profile program in Denver, Colorado offers people an alternative to giving cash to
panhandlers. Denver Public Works along with Denver's Road Home (city program to end
homelessness), Leadership Denver, the Downtown Denver Partnership, the Mile High United
Way, Rabble+Rouser and OZ Architecture worked together to refurbish and redesign 36 parking
meters that were placed at various areas downtown to allow people to give spare change to the
effort to end homelessness. Businesses and individuals around the metro area "sponsored" all
36 meters for $1,000 each. The donation meter program is part of a widespread effort to redirect
the money given to panhandlers, most of who are not homeless, into efforts that provide meals,
job training, substance abuse counseling, housing and other programs for those in need.
Denver is working toward expanding the donation meter program.
According to the National Coalition for the Homeless, "The panhandling issue is a hot issue in
cities nationwide."
I hope this information will be helpful, and the Local Homeless Coordinating Board has offered
their assistance.
Attachment
cc: John Yapp
jccog hs/mem/homeless3-5-08. doc
JOHNSON COUNTY LOCAL HOMELESS COORDINATING BOARD MEETING
FEB. 13, 2008
MEMBERS PRESENT:
Heidi Cuda, MECCA; Abbie Volland, JCCOG intern; Patti Fields, United Way of JC; Nicole
McGlynn, Jail Alternatives; Sue Campney, JC General Assistance; Steven Rackis, ICHA; Mary
Abboud, ICHA; Tracy Hightshoe, IC Planning & Community Development; Mark Patton, Iowa
Valley Habitat for Humanity; Crissy Canganelli, Shelter House; Meg Kiekhaefer, Consultation
of Religious Communities; Christine Drum, PATH/Community Mental Health Center; Jan Koch,
4C's/HomeTies childcare; Jan Rutledge, Iowa Legal Aid and Linda Severson, JCCOG
DOWNTOWN PANHANDLING ISSUES/CONCERNS
Severson announced that the City Attorney's office is drafting an ordinance regarding
panhandling downtown due to issues expressed by various downtown businesses and the
downtown association. There have been complaints about persons sitting right at the entrance to
downtown stores requesting funds from customers and there have been instances where the
panhandler has been verbally aggressive to those customers who did not give money. The
ordinance would prohibit panhandling within 10 feet of an entrance or sidewalk cafe.
Severson stated the Council would like to hear the LHCB's opinion on this proposed ordinance
or the need to create an ordinance. Member mentioned that in Denver, parking meters are set up
to take money to donate to human service agencies serving the homeless. Christine, PATH
program, stated that she knows a couple of the regular panhandlers. Both have regular income
(Social Security Disability), but "signing" or panhandling they feel is their job. Some have
stated they can make between $9-$30 an hour by signing. The money they receive does not
affect their public source of income as it goes unreported. Canganelli stated the issue is very
divisive within the homeless community as some feel the signing hurts other homeless vets as
many that choose to sign aren't homeless and have other income.
Some members stated that panhandlers do not impede them from entering businesses, but
acknowledge that some people would be deterred or uncomfortable passing or being approached
by persons requesting money.
Many members were in agreement that many of the panhandlers know what services are
available in the community, but panhandle or "sign" to get money to purchase things not
provided by the area agencies. The area agencies do not encourage people to give panhandlers
money. Some of the members agreed that persons may sign for funds to purchase legitimate
items/needs due to a limited income as opposed to alcohol or illegal items. Member stated she
has clients in extreme poverty with no source of income, yet her clients do not sign.
Canganelli stated she is concerned how panhandling will affect their efforts to fundraise to local
businesses. She fears local businesses will be of the opinion that if the social service community
were doing their jobs, why is there a need for panhandling.
Jan stated that the City must seek some type of compromise that allows people to show visible
poverty but respects the local business community. Due to legal and moral issues, just because
some aren't comfortable around panhandlers or those that appear in extreme poverty, the
individuals have a right to be seen and be present in our communities. What that compromise is
will be difficult to establish.
Some suggested that area merchants install signs in the window/entrance where panhandlers sit
that identifies where to go for assistance and that if anyone wishes to donate to local agencies
serving the homeless to go in the store to donate. This may discourage panhandlers from going
to that location, prevent customers from giving funds to the panhandler, and provides an
opportunity for customers to donate to local agencies.
Some members stated that some communities outlaw panhandling in certain areas. Many
thought a compromise was possible and suggested meeting with the Downtown Association
(DTA) to discuss the issue and coming up with some solutions.
Page 1 of 1
~,~
Marian Karr
From: Marian Karr
Sent: Monday, March 10, 2008 1:59 PM
To: Marian Karr
Subject: FW: Dept of Justice Guide on Panhandling
___
From: Len McClellan [mailto:vets_helping_vets@yahoo.com]
Sent: Monday, March 10, 2008 1:08 PM
To: Kathryn Johansen; Sue Campney; Amy Correia; Matt Hayek; Ross Wilburn; Mike Wright; Regenia Bailey;
Larry Meyers
Subject: Dept of Justice Guide on Panhandling
I found this guide and beleave it maybe helpful to you with this problem
Len McClellan
cofounder
Vets Helping Vets
http://www.cops.usdoj.gov/files/ric/Publications/e08032028.pdf
Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try__t now._
3/10/2008
Page 1 of 1
~, '~
Marian Karr
From: Denise Kinnison
Sent: Friday, March 07, 2008 8:00 AM
To: Council
Subject: Solicitation Ordinance
This correspondence will become a public record.
I was happy to learn that an ordinance was being proposed to address the problem of
solicitors in the downtown area of our city. I can only speak for myself, but the begging and
soliciting in the Ped Mall deters me from shopping and doing business downtown. It would
be helpful to those businesses and vendors downtown (as well as shoppers and visitors)
if the ordinance could be expanded to include restrictions effective in the daytime hours as well.
Denise Kinnison
3/7/2008
~~
Marian Karr
From: The Alexis Park Inn & Suites [alexisparkinn@mchsi.com]
Sent: Friday, March 07, 2008 12:50 PM
To: Ross Wilburn; Ross Wilburn; Council
Subject: Support for Anti-Begging Ordinance
Dear Mr. Wilburn, et al:
We would like to state our strenuous support for the new anti-begging ordinance you are
considering, and ask that you strengthen and expand the ordinance to include ALL of Iowa
City.
As owners of the Alexis Park Inn & Suites, we have worked extremely hard over the last
five years to resurrect a once-moribund side of town by creating a fun, aviation themed,
affordable luxury suites destination hotel. Although we have had great success in doing
so, our success is continually threatened by the decrepit appearance of the southern entry
to Iowa City -- and this is only exacerbated by the solicitors who have made the
intersection of Hwy 1 and Hwy
6 their permanent "work place".
Through our hotel we attract new people to the city, many of whom arrive through the Iowa
City Airport. Unfortunately, the first things these folks see upon arrival is:
a) The city-owned eye-sore land across the street from the hotel, and
b) The beggars standing in the intersection of Hwy 1 and 6.
Obviously, neither of these make for a good first impression of our city. We have
personally witnessed near-collisions at that intersection when well- meaning people have
suddenly stopped to give these guys a hand-out, and their near-constant begging for beer
money most certainly dissuades people from driving past our business.
In Iowa City -- a town where nearly every imaginable social service is there for the
asking -- it is obvious that these beggars are not seeking food money, but are rather
trying to support drug and alcohol habits. They represent a clear hazard to drivers, and
are not the kinds of folks that we
want "greeting" newcomers to Iowa City.
Please take action to curtail this kind of soliciting in our city.
Sincerely,
Jay & Mary Honeck
Owners/Innkeepers
www.AlexisParkInn.com
"Your Aviation Destination"
1
~~
`~
Panhandling In Iowa City, One Homeless Man's Perspective
When I arrived in Iowa City a few months ago I started to notice the panhandlers.
Living here in the Shelter House I got to know about them and personally know
some of them. Through this process I started to see what kind of people do this, I'll
site some examples.
1. The vet who gets $117 a month pension. He doesn't bother anyone just has a
sign asking for help. For him this is survival.
2. The couple who gets SSI but lives in a van. She stands by the road claiming
to be pregnant playing on people's sympathy. In actually she is not pregnant
and the money is spent on drugs, alcohol, and video games,
3. The man who hangs around a pedmall ATM has subsidized housing. He uses
aggressive behavior to frighten people into giving him money. He quit his
job so he could panhandle. This behavior is frowned upon by other
panhandlers and the homeless but he is aggressive and no one will confront
him.
4. The older couple who panhandles together and have an income. Hang
around the pedmall try to run others away from their area. She is sickly and
people feel sorry for her, he pretends to be a disabled vet (a vet but does not
have the disability he claims) again a sympathy play. They are able to live so
were does the money go. I would suspect drugs and alcohol.
5. The teenage hobo. These kids call themselves travelers. They hit areas where
there are many people. Again a sympathy ploy. They use the money for
alcohol and drugs while living off the local social service programs. My
opinion here is simply irresponsible or lazy it's easier to live this way.
So how to eliminate or control this behavior? My idea is to allow panhandling in a
limited way, make them show a good reason they need to do this. In my example
# 1 that man can show need in all the others there is an income or a refusal to work.
So in my opinion a permit would let people who truly need to panhandle do it with
limits of course while stopping the people who are just abusing the system.
Wouldn't people feel good about giving to the few individuals who are not doing
drugs or drinking? It seems like a win win situation to me. People's good will
towards their fellow man is able to be satisfied and the few who need this income
will be able to live a decent life.
Thank You for listening to my thoughts
Len McClellan ~ ~ ~~ ~'
~i~'~._'v'~
vets hetQing vela@yahoo.com
THI)'-I,15 hta.la ................. :319.936 - I:~U 1
LF:U~.IR1111r(l.F7J,l~ ............ .,L,-~r,,,•3.~7i
Sponsored by:
ZEPHYR ~ ~
copies S tlesign
bank.
~ . *~#
Fire Star Senicc Guaranteed ~~
Iowa Stories:
The Vietnam Experience
By Marilyn Shaw
Directed by Matthew Ford
CALL /CLICK /VISIT
19.~~.2~53
w.er~~le~~.r~
221 ~ w~ ~ i n Ito ~ St.
~Ilednesday March 26, X000
7:30 M
Wickets: 1 ®~
(includes a $2.50 donation to Vets Helping Vets)
03- -08
Prepared by: Kristopher Ackerson, Asst. Transportation Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-
356-5247
ORDINANCE NO.
ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3,
ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS",
SUBSECTION B, ENTITLED "EXCEPTIONS".
WHEREAS, City Code Section 9-3-6(B) currently defines speed limits for U.S. Highway 218 from the
south city limits to the intersection of U.S. Highway 6 and Iowa Highway 1; and
WHEREAS, the street between the intersection of U.S. Highway 6 and Iowa Highway 1 and the south
city limits is now named Old U.S. Highway 218 and Riverside Drive; and
WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles
on public streets and highways;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS.
1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6,
entitled "Speed Restrictions," Sub-Section B, entitled "Exceptions" is hereby amended by substituting the
following language under the heading of "Name of Street": ,
Maximum
Speed Limit
Name of Street (MPH) Where Limit Applies
Old U.S. Highway 218 50 From the south city limits to a point 1,600
feet north of the south city limits
Riverside Drive 45 From a point 1,600 feet north of the south
city limits to a point 800 feet south of the
intersection with U.S. Highway 6 and Iowa
Highway 1
Riverside Drive 30 From a point 800 feet south of the
intersection with U.S. Highway 6 and Iowa
Highway 1 north to the intersection with
U S Highway 6 and Iowa Highway 1
SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this
Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication.
Passed and approved this day of , 2008.
MAYOR
ATTEST:
CITY CLERK
Appr ed by ~~~
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Bailey
Champion
Correia
Hayek
O'Donnell
Wilburn
Wright
First Consideration 3 / 11 / 2008
Vote for passage: AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell,
Wilburn. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published