HomeMy WebLinkAbout2013-05-29 13-182 ORDINANCECOUNCIL ACTION
Item No. i3-182 f
Date: May 29, 2013
Item/Subject: Ordinance, Amending Chapter 257, Sidewalks, of the Code of the City of
Bangor - Unreasonable Solicitation.
Responsible Department: Legal
Commentary:
This Ordinance will prohibit unreasonable and aggressive solicitation practices of blocking or
impeding the passage of the person solicited, following the person solicited by proceeding
behind, ahead or alongside of him or her, threatening the person solicited with physical harm by
word or gesture, or touching the solicited person without the solicited person's consent.
Recently, the City has gotten numerous complaints about aggressive solicitation in the downtown.
As a result, Council has determined that it is in the best interest of the City to use the sidewalks
and public spaces without being subjected to aggressive solicitation from those who seek
donations. This ordinance does not prohibit all solicitation however it does prohibit unreasonable
solicitation that impedes the general public and may serve as potential safety hazards for both
members of the general public as well as those engaging in the solicitation. This item was
reviewed and recommended for approval by the Government Operations Committee at its May 20,
2013 meeting.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
rn- Up.Q.
- J
City Manager
Finance Director
Page _of_
Solicitor
13-182
MAY 29, 2013
-13
i s. Assigned to Councilor Blanchette
' x CITY OF BANGOR
(TITLE.) Ordinance, Amending Chapter 257, Sidewalks, of the Code of the City of Bangor, -
Unreasonable Solicitation.
WHEREAS, unreasonable solicitation practices can impede the practices of the general public;
and
WHEREAS, unreasonable solicitations may serve as potential safety hazards for both members
of the general public as well as those engaging in unreasonable solicitation; and
WHEREAS, some instances of unreasonable solicitation may be remedied by imposing the
selected limitations on solicitation practices.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE,CITY OF
BANGOR,THAT:
Chapter 257 of the Code of the City of Bangor be amended by adding the following:
§ 257-5. Unreasonable Solicitation.
A. Intent.
It is the intent of this section to impose reasonable limitations on solicitation in order to
protect the safety of the general public against unreasonable solicitation while respecting the
constitutional right of free speech.
B. Definitions.
As used in this section. the following terms shall have the meanings indicated:
(1) "Solicitation" means any request made in person seeking an immediate donation of money
or other item of value.
(2) ""Donation" means a gift of money or other item of value.
C. Unreasonable Solicitation.
It is unlawful for a person to engage in unreasonable solicitation. Unreasonable solicitation
means to do one or more of the following while engaging in solicitation or immediately
thereafter:
(1) Blocking or impeding the passage of the person solicited
(2) Following the person solicited by proceeding behind, ahead or alongside of him or her;
(3) Threatening the person solicited with physical harm by word orgesture;
(4) Touching the solicited person without the solicited person's consent.
IN CITY COUNCIL
May 29,-2013
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CITY CIACK
IN CITY COUNCIL
June 10, 2013
Motion made and seconded for Passage
Vote: 7-0
Councilors Voting Yes: Baldacci, Blanchette, Civiello, Gallant,
LOngo, Nealley, Sprague
Councilors Voting No: None
Passed
TY
CLEM
13-182
MAY 29, 2013
D. Penalties.
Any person who engages in unreasonable solicitation as defined herein shall be quilty of a
violation of this article and, upon conviction, shall be punished by a fine of not less than
twenty-five dollars ($25.00) nor more than one hundred fifty dollars ($150.00) for each
offense. The city may also seek and the court may order injunctive relief designed to prevent
any further violations of this article.
Additions are underlined.