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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 z:7a,4"', 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.