Presenter
Title
Ordinance amending the Pittsburgh Code, Title Six - Conduct, Article I - Regulated Rights and Actions, Chapter 602 - Solicitation, by repealing the current language in its entirety and replacing the Chapter with new language as it relates to panhandling.
Body
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That the Pittsburgh Code, Title Six - Conduct, Article I - Regulated Rights and Actions, Chapter 602 Solicitation, is hereby repealed in its entirety as currently written, and replaced with a new Chapter 602, as follows:
[§ 602.01 FINDINGS AND PURPOSE.
The Council of the City does hereby find that:
(a) There is a need to prohibit certain forms of panhandling in order to address the problem of urban security and civility, protect the public, and to lead people away from a life on the streets.
(b) People should have an opportunity to passively seek charity and therefore only the more aggressive methods of panhandling should be prohibited, allowing people to passively solicit.
(c) This Chapter lists specific actions that are prohibited when they occur in the context of begging, while allowing beggars to say anything they please on the streets.
(d) There is a need to protect the public from intimidation and imminent danger.
§ 602.02 DEFINITIONS.
As used in this Chapter, certain terms are defined as follows:
(a) TO SOLICIT MONEY. Includes, without limitation, the spoken, written, or printed word or such other acts or bodily gestures as are conducted in furtherance of the purpose of obtaining money or other things of value.
(b) AGGRESSIVE MANNER.
(1) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation.
(2) 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) Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(3) Intentionally or recklessly using words intended to or 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.
(4) Approaching the person being solicited in a manner that 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.
(c) PUBLIC AREA. An area open to use by the general public, including, but not limited to alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
§ 602.03 PROHIBITED CONDUCT.
(a) It shall be unlawful for any person to solicit money or other things of value in an aggressive manner in a public area.
(b) It shall be unlawful to solicit money or other things of value in an aggressive manner in any public transportation vehicles.
(c) It shall be unlawful to solicit money or other things of value if the person making the solicitation knows or reasonably should know that the solicitation is occurring within ten (10) feet of an automated teller machine, or within ten (10) feet of any entrance or exit to a building containing an automated teller machine, unless a private owner of the property covered by this clause consents to such solicitations.
§ 602.04 PENALTY.
(a) A violation of this Chapter may be punished by imprisonment for a term not to exceed ninety (90) days or by a required public service work (Supervision i.e. Operation Save a Life, Community Human Services).]
§ 602.01 FINDING AND PURPOSE.
The Council of the City does hereby find that:
(a) It is the intent of Council in enacting this Chapter to recognize free speech rights for all citizens while at the same time protecting the coexistent rights for all citizens to enjoy safe and convenient travel in public spaces free from intimidation, threats, and harassment that stem from certain types of abusive solicitation; and
(b) The United States Supreme Court has observed that "requests for immediate payment of money create a strong potential for fraud or undue pressure, in part because of lack of time for reflection." Intern. Soc. For Krisna Consciousness v. Lee, 112 S.Ct. 2722 (1992) (concurrence by Justice Kennedy).
(c) Council finds that there are numerous forms of solicitation that are not in and of themselves inherently threatening or aggressive, including vocal requests for a donation; carrying or displaying a sign requesting donations; shaking or jingling a cup of change; and ringing a bell in compliance with any applicable noise ordinance.
(d) However, Council finds that there has been an increase in aggressive solicitation in the City, which threatens the security and privacy of both residents and visitors; and
(e) Council also finds that the presence of solicitors near banks or automatic teller machines in specified "captive audience locations" or at night can be especially threatening to persons; and
(f) Council finds that certain solicitation impedes the orderly flow or pedestrian and vehicular traffic that leads to concerns regarding traffic and public safety; and
(g) This Chapter is not intended to impermissibly limit an individual's right to exercise free speech associated with solicitation; rather it aims to impose specific time, place, and manner restrictions on solicitation and associated conduct in certain limited circumstances: namely, aggressive panhandling, panhandling at locations or times deemed particularly threatening and dangerous, and/or panhandling in places where people are a "captive audience" and there is a wish to avoid or reduce a threat of inescapable confrontations; and
(h) In promulgating this Chapter, Council seeks to impose regulations that are narrowly tailored to serve the aforementioned significant government interests.
§ 602.02 DEFINITIONS.
As used in this Chapter, certain terms are defined, as follows:
(a) "PANHANDLING" shall be defined as: Any personal solicitation made in a public place for an immediate donation of money or any other item of value. This definition applies equally to all persons requesting donations, whether the donation is intended to be used for the panhandler's personal use or on behalf of a religious group or community service organization or for any other reason.
(b) "PUBLIC AREA" shall be defined as: An area open to use by the general public, including, but not limited to alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks, and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.
(c) "OUTREACH TEAM EVALUATOR" shall be defined as: An individual counselor or group of counselors authorized and designated by the Mayor to provide access to Community Outreach Services for individuals with mental health diagnoses and/or drug and alcohol complications, or other medical or social services needs. The Outreach Team Evaluator shall make recommendations that an individual receive Community Outreach Services, and may take reasonable steps toward directing the person to the appropriate community outreach program service provider, including but not limited to offering transportation to such provider. An Outreach Team Evaluator shall not have the authority to compel an individual to receive Community Outreach Services.
(d) "COMMUNITY OUTREACH SERVICES" shall be defined as: public or private sector provider that offers residential and/or rehabilitative medical or social service assistance, including but not limited to mental health treatment, drug or alcohol rehabilitations, or homeless assistance services for individuals in need thereof. The Mayor shall determine what service providers constitute an eligible Community Outreach Service provider for purposes of this Section.
(e) "EVALUATION" shall be defined as: the written assessment of an individual's mental health, the presence of drug and alcohol complications, or other medical or social service needs by visual analysis and/or verbal communication with the individual. Evaluation may be performed by either an Outreach Team Evaluator or a law enforcement officer. An evaluation shall not serve to compel an individual to receive Community Outreach Services nor shall an evaluation service to increase the penalty assessed as provided for in § 602.05.
(f) "RELIGIOUS ASSEMBLY" shall be defined as it is in Section 911.02 of the City Zoning Code.
§ 602.03 PERMITTED CONDUCT.
(a) Particular Time. Panhandling shall be permitted in all public areas between sunrise and sunset as long as it does not violate:
1. the restrictions set forth in Sections 602.04; and
2. the applicable noise ordinances.
(b) Non-verbal Panhandling. Panhandling made in a non-verbal manner shall not be subject to the time restrictions set forth in Section 602.03(a) so long as it does not violate the restrictions set forth in Sections 602.04 or any other applicable ordinance.
§ 602.04 PROHIBITED CONDUCT.
(a) Particular Places. The following places of panhandling are expressly prohibited, at any time and any manner, because of the coercive nature of each:
1. Captive Audience Areas.
a. Inside or within 25 feet of a sidewalk café or any outside eating or dining establishment;
b. At or within 25 feet of a line of people waiting to gain admission to a place or vehicle or waiting to purchase an item or admission ticket;
c. At or within 10 feet of a food-dispensing street vendor;
d. At or within 10 feet of a bus stop; or
e. Within 25 feet of the entrance to a place of religious assembly.
2. Money Dispensing Areas. It shall be unlawful to solicit money or other things of value if the person making the solicitation knows or reasonably should know that the solicitation is occurring within 25 feet in any direction of an automated teller machine, including within 25 feet in any direction of any entrance or exit to a building containing an automated teller machine that is visible from the street.
(b) Particular Manners. The following manners of panhandling are expressly prohibited, at any time and any manner, because of the coercive nature of each:
1. Hindrance to Traffic.
a. Panhandling in any manner which serves to intentionally block, obstruct, or interfere with orderly flow of either vehicles or pedestrians is prohibited.
b. Panhandling in any manner which intentionally and unreasonable causes a pedestrian or vehicle operator to take evasive action to avoid physical contact is prohibited.
c. Panhandling in any manner that violates traffic regulations for pedestrians or vehicles.
2. Aggressive Panhandling. Panhandling in an aggressive manner is prohibited. Aggressive panhandling shall be defined as:
a. Approaching or speaking to a person, or following a person before, during or after panhandling, if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value;
b. Intentionally touching or causing physical contact with another person without that person's consent in the course of panhandling; or
c. Directing violent or threatening gestures toward the subject of the panhandling.
§ 602.05 PENALTY.
(a) First Violation: Upon the first violation of Section 602.04(a) or Section 602.04(b)(1), the person accused of the violation shall be issued a warning ticket, which shall not include a summons to appear before a court of proper jurisdiction of the case, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual on-site evaluation performed. If the accused requests such a consensual evaluation, the law enforcement officer shall request an Outreach Team Evaluator to make an onsite evaluation.
1. If the accused requests a consensual evaluation, the Outreach Team Evaluator, if available, shall make an evaluation of the person issued a warning ticket under this section.
2. In conjunction with any consensual evaluation, the Outreach Team Evaluator shall offer immediate referral and directions to an appropriate Community Outreach Services program. The law enforcement officer shall not be involved in any transport or have any responsibilities pertaining to an accused's participation in any such Community Outreach Services program.
1. Upon a second violation of Section 602.04(a) or Section 602.04(b)(1), the person accused of the violation shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual on-site evaluation performed. If the accused requests such a consensual evaluation, the law enforcement officer shall request an Outreach Team Evaluator to make an onsite evaluation .
a. If the accused requests a consensual evaluation, the Outreach Team Evaluator, if available, shall make a written evaluation of the person issued a citation under this section, wherein such written evaluation shall be forwarded to the accused and to the prosecutor prosecuting the violation.
b. In conjunction with any consensual evaluation, the Outreach Team Evaluator shall offer immediate referral and directions to an appropriate Community Outreach Services program. The law enforcement officer shall not be involved in any transport or have any responsibilities pertaining to an accused's participation in any such Community Outreach Services program.
2. Upon conviction for a second violation of Section 602.04(a) or Section 602.04(b)(1), the violator may be fined $50.00, plus costs; and/or be sentenced to perform up to one hundred (100) hours of community service.
a. The prosecutor shall have discretion to consider the Outreach Team Evaluator's report in determining whether to maintain charges against a violator, and the court may consider this report in determining the appropriate sentence.
b. The court should consider completion of a Community Outreach Services program in determining the appropriate sentence.
c. If a violator is sentenced to perform community service and fails to complete the sentence, the violator may be subject to imprisonment for not more than thirty (30) days.
(c) Third Violation, and Subsequent Violations:
1. Upon a third violation, and subsequent violations of Section 602.04(a) or Section 602.04(b)(1), the person accused of the violation shall be issued a written citation, including a summons to appear before a court of proper jurisdiction for disposition of the case, and the law enforcement officer issuing the citation shall thereafter provide an explanation of the voluntary option to have a consensual on-site evaluation performed. If the accused requests such a consensual evaluation, the law enforcement officer shall request an Outreach Team Evaluator to make an onsite evaluation.
a. If the accused requests a consensual evaluation, the Outreach Team Evaluator, if available, shall make a written evaluation of the person issued a citation under this section, wherein such written evaluation shall be forwarded to the accused and to the prosecutor prosecuting the violation.
b. In conjunction with any consensual evaluation, the Outreach Team Evaluator shall offer immediate referral and directions to an appropriate Community Outreach Services program. The law enforcement officer shall not be involved in any transport or have any responsibilities pertaining to an accused's participation in any such Community Outreach Services program.
2. Upon conviction for a third offense, and the subsequent offenses, the violator may be sentenced to one or more of the following: direction to a Community Outreach Service program; the performance of up to one hundred (100) hours of community service; a monetary fine not to exceed $300.00, plus costs; and/or imprisonment for not more than thirty (30) days.
a. The prosecutor shall have discretion to consider the Outreach Team Evaluator's report in determining whether to maintain charges against a violator, and the court may consider this report in determining the appropriate sentence.
b. The court should consider completion of a Community Outreach Service program in determining the appropriate sentence.
c. If a violator is sentenced to perform community service and fails to complete the sentence, the violator may be subject to imprisonment for not more than thirty (30) days.
(d) Penalties for Aggressive Panhandling
1. Upon the first conviction for a violation of Section 602.04(b)(2), relating to Aggressive Panhandling, the violator may be sentenced to one or more of the following: direction to a Community Outreach Service program; the performance of up to one hundred (100) hours of community service; a monetary fine of not more than $100.00, plus costs; and/or imprisonment for not more than thirty (30) days. If a violator is sentenced to perform community service and fails to complete the sentence, the violator may be subject to imprisonment for not more than thirty (30) days.
2. Upon conviction for a second violation and each subsequent violation of Section 602.04(b)(2), relating to Aggressive Panhandling, the violator may be sentenced to one or more of the following: the performance of up to one hundred (100) hours of community service; a monetary fine of $300.00, plus costs; and/or imprisonment for not less than thirty (30) or more than ninety (90) days. If a violator is sentenced to perform community service and fails to complete the sentence, the violator may be subject to imprisonment for not less than thirty (30) or more than ninety (90) days.
(e) To the extent permitted by state law, information regarding citations issued pursuant to this ordinance shall only be kept in City of Pittsburgh files and database.
(f) To the extent permitted by state law, records related to persons to whom a citation has been issued pursuant to this ordinance shall be automatically expunged one year after the issuance of said citation.
§ 602.06 SEVERABILITY.
If any portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, it shall not affect the validity of the remaining portions of this Chapter.