HomeMy WebLinkAbout2588 Aggressive BeggingOrdinance No. o~9 -~ ~ ~
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW
SECTION 9.02.470, AGGRESSIVE BEGGING, CHAPTER 9.02, CRIMINAL CODE,
OF THE PORT TOWNSEND MUNICIPAL CODE, DEFINING "AGGRESSIVE
BEGGING~ AND DECLARING "AGGRESSIVE BEGGING" TO BE A
MISDEMEANOR VIOLATION OF THE CITY'S CRIMINAL CODE
WHEREAS, the City of Port Townsend has received occasional complaints from
individuals regarding aggressive begging activities occurring within the city; and
WHEREAS, although some sort of begging may occur in almost any urban setting, the
begging that causes the greatest concern and poses the greatest impacts on the peaceful enjoyment
of the community are those begging activities which involve more aggressive and intimidating
conducts; and
WItl*~S, aggressive begging as defined in this ordinance causes fear for pedestrians;
mounts to undue and inappropriate coercion; creates an imminent risk of assaultive conduct; may
obstruct or interfere with the movement of pedestrians; and endangers public health, safety, and
welfare of residents and visitors to Port Townsend; and
WHEREAS, in order to address these concerns, it is appropriate to provide in the Port
Townsend Municipal Code, regulations which prohibit aggressive begging and which define that
term to include those types of begging activities which involve aggressive, intimidating or
frightening conduct,
NOW, THERE~RE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. A new Section 9.02.470, Aggressive begging, of the Port Townsend
Municipal Code is hereby adopted to read as follows:
9.02.470 Aggressive begging.
It is unlawful for any person to engage in aggressive begging in any public place in the city limits
of Port Townsend, as those terms are defined below.
A. Defmitions.
1. "Aggressive begging" means:
a. begging with intent to intimidate another person or persons into giving
money or goods;
b. begging with or involving activities that are unsafe or dangerous to any
person or property; or
c. willfully providing or delivering, or attempting to provide or deliver
unrequested or unsolicited services or products with a demand or exertion of pressure for payment
in return.
2. "Begging' means asking for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
3. "To intimidate" means to coerce or frighten into submission or obedience, or to
engage in conduct which would make a reasonable person fearful or feel compelled.
4. "Public place" means:
a. any public road, alley, lane, parking area, sidewalk, bicycle lane, pedestrian
path, or any publicly-owned building, facility or structure;
b. any public playground, school ground, recreation ground, park, parkway,
park drive, park path or rights-of-way open to the use of the public;
c. any doorways or entrances to privately-owned or publicly-owned buildings
or dwellings and the grounds enclosing them; or
d. any privately owned property adapted to and fitted for vehicular or
pedestrian travel that is in common use by the public with the consent, expressed or implied, of
the owner or owners.
B. Violation - Penalties.
Violation of this section shall be a misdemeanor, punishable by a fine up to $1,000 or by a jail
sentence of up to 90 days, or by both such fmc and jail time.
(Ord. § 1, 1997.)
SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this
ordinance or its application to any person or circumstance is held to be invalid or unconstitutional
by a court of competent jurisdiction, such order or judgment shall not affect the validity or
constitutionality of the remainder of any part of this ordinance. To this end, the provisions of
each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
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Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 19th day of May, 1997.
Attest:
Pam Kolacy, City Clerk
05/07/97 CA§ [Police 9-02] Ord\{902470.doc}
Julie~SCulloch, Mayor
Approved as to Form:
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