FLOWERY BRANCH CITY COUNCIL AGENDA REQUEST

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1 FLOWERY BRANCH CITY COUNCIL AGENDA REQUEST All items requiring action by the City Council must be presented first at a work session. The following information should be provided for each item. No item will be considered for a work session until the Department has received authorization on the item by the City Manager. Department: Administration Submitted By: Melissa McCain Date Submitted: September Item of Business: Ordinance 515- Urban Camping/Panhandling Attach an Executive Summary fully describing all elements of the Item of business. D Work Session presentation only (no action needed) Is there a deadline on this item? If so, Explain: N/ A THE ITEM IS FOR: OR [8J City Council Action Needed. Purpose of Request: Approve Ordinance 515, banning urban camping and panhandling Department Recommendation: Approval If the action involves a Resolution, Ordinance, Contract, Agreement, etc. has it been reviewed by the City Attorney? [8J Yes Explain: Attorney created Ordinance 0No If funding is involved, are funds approved within the current budget? If Yes, Finance Authorization is Required Below. D Yes Explain: There is no funding required for this action. 0No Amount: N/A Source of Funds: Administration Staff Authorization Finance Dept. Authorization: Budgeted Amount: Work Session Date: 9-r-_/_ _ Comments: ~

2 FLOWERY BRANCH CITY COUNCIL EXECUTIVE SUMMARY SUBJECT: Urban Camping/Panhandling Ordinance DATE: September 9, 2015 BUDGET INFORMATION: ANNUAL- NIA CAPITAL- (X) RECOMMENDATION ( ) POLICY DISCUSSION ( ) STATUS REPORT ()OTHER COUNCIL ACTION REQUESTED ON: September 17, 2015 PURPOSE: To approve an Urban Camping and Panhandling Ordinance IDSTORY: The City has a solicitation ordinance that currently only addresses door to door sales. FACTS AND ISSUES: The City has been received an increasing number of calls and concerns from residents as well as business owners concerning individuals begging for money or sleeping in public places. Most of this activity has been around the Stone bridge Village area with the police having limited resources to assist the individuals or relocate them. The proposed Ordinance is similar to that in Gwinnett County. This would prevent individuals from soliciting for food or money in public parking lots as well as prevents individuals from camping, sleeping or storing personal property on any street, sidewalk or right of way. Exception are listed on page 2 section ( c) of the ordinance. OPTIONS: Approval RECOMMENDED SAMPLE MOTION: I make a motion to approve the first reading of Ordinance 515 as read. DEPARTMENT: Administration Prepared by: Melissa McCain

3 ORDINANCE NO. 515 First Reading: September 03, 2015 Second Reading: September 17, 2015 AN ORDINANCE AMENDING CHAPTER 35 (OFFENSES AND MISCELLANEOUS PROVISIONS) OF THE CODE OF THE CITY OF FLOWERY BRANCH, GEORGIA BY AMENDING ARTICLE I (IN GENERAL) AND ADDING ARITCLE IV (SOLICITATION); TO PROHIBIT URBAN CAMPING, IMPROPER USE OF PUBLIC PLACES AND AGGRESSIVE SOLICITATION; TO PROVIDE PENALTIES FOR URBAN CAMPING, IMPROPER USE OF PUBLIC PLACES AND AGGRESSIVE SOLICITATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, O.C.G.A (a) authorizes the City of Flowery Branch to adopt clearly reasonable ordinances relating to its property, affairs, and local government; and WHEREAS, Section 1.3 of the City of Flowery Branch Charter gives the City of Flowery Branch all powers possible for a city to have under the present or future Constitution and laws of the state of Georgia; and WHEREAS, the City of Flowery Branch finds that the quality of life in our community is affected by those who pose a health risk by camping in public; and WHEREAS, the City of Flowery Branch finds that urban camping promotes unsanitary conditions, additional trash and debris left in public; and WHEREAS, the City of Flowery Branch has determined urban camping affects the quality of life in Flowery Branch by persons sleeping in public, in the parks, in the streets and on sidewalks to be unnecessary and not in the best interests of the city and its citizens; and WHEREAS, aggressive solicitation is disturbing and disruptive to residents and businesses of the City of Flowery Branch, and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder; and WHEREAS, the presence of individuals who solicit money from persons at or near banks or automated teller machines is especially threatening and dangerous; and WHEREAS, individuals, who without permission, attempt to provide services in exchange for cash despite indications not to do so create an implicit threat to both person and property; and, WHEREAS, people using city streets and visiting businesses located in the city frequently find themselves faced with panhandlers seeking money; and WHEREAS, aggressive solicitation of people makes it is impossible or difficult for them to exercise their own right to decline to listen or to avoid solicitation from others. Page 1 of6

4 NOW THEREFORE the Council of the City of Flowery Branch hereby ordains as follows: Section 1. Chapter 35 (Offenses and Miscellaneous Provisions), Article 1 (In General) of the Code of the City of Flowery Branch, Georgia, is hereby amended by adding the following: "Sec Urban camping and improper use of public places. (a) Definitions. (1) Camp shall mean residing in our using a location for private living accommodations, such as erecting tents or other temporary structures or objects providing shelter; sleeping in a single place for more than one hour at a time; cooking or preparing meals; or other similar activities. (2) Storing personal property shall mean leaving one's personal effects, such as, but not limited to, clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, or backpacks, unattended for more than one hour. (b) Streets and sidewalks. It shall be unlawful to camp, sleep, store personal property, or to sit or lie down on any street or sidewalk or public right of way. ( c) Other public property. Blocking ingress and egress. It shall be unlawful to camp, sleep, store personal property, or to sit or lie down on any public property so as to interfere with the ingress or egress from buildings. (d) Warning. No person may be arrested for violating this section by simply sleeping, sitting or lying down in a prohibited location or for a prohibited period of time without having first received an oral or written warning to cease such unlawful conduct. ( e) Exceptions. Notwithstanding anything in this section to the contrary, this section shall not apply to nor be construed to prohibit the following behavior: ( 1) Persons sitting or lying down as a result of a medical emergency; (2) Persons sitting in wheelchairs while using sidewalks; (3) Persons sitting down while attending parades; ( 4) Persons sitting down while patronizing outdoor cafes; ( 5) Persons sitting down, lying down or napping while attending performance, festivals, concerts, fireworks or other special events taking place in any park or on any street or sidewalk closed by permit for such purpose; ( 6) Persons sitting on chairs or benches supplied by a public agency or abutting private property owner; Page 2 of6

5 (7) Pers_ons sitting or lying down while waiting in an orderly line outside a box office or other retail facility to purchase tickets to any sporting event, concert, performance or other special event; (8) Persons sitting or lying down in an orderly line awaiting entry to any building, including shelters, or awaiting social services, such as provisions of meals; or (9) Children under the age of 13 years sleeping in parks, or sleeping anywhere else while being carried by an accompanying person or while sitting or lying in a stroller or baby carriage. (f) Penalty. Any person who violates this section as the same exists or as it may hereafter be amended, shall be subject to the penalties allowed by section 1-12 and as assessed in the discretion of the judge of the municipal court of the city. Secs Reserved." Section 2. Chapter 35 (Offenses and Miscellaneous Provisions}, Article III (Noises) of the Code of the City of Flowery Branch, Georgia, is hereby amended by adding the following: "Secs Reserved." Section 3. Chapter 35 (Offenses and Miscellaneous Provisions) of the Code of the City of Flowery Branch, Georgia, is hereby amended by ~dding Article IV (Solicitation) as follows: "Sec Definitions. For the purpose of this article, the following terms shall have definitions as outlined herein: An aggressive manner shall mean: ( 1) Approaching speaking to a person or following a person before, during, or after soliciting if the conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, to fear damage to or loss of property, or to otherwise be intimidated into giving money or any other thing of value; (2) Continuing to solicit from a person after the person has given a negative response to such soliciting; (3) Intentionally touching or causing physical contact with another person without that person's consent in the course of soliciting; Page 3of6

6 (4) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact; (5) Using violent or threatening gestures toward a person solicited; (6) Following a person being solicited with the intent of asking that person for money or other things of value; or (7) Soliciting money from anyone who is waiting in line. Soliciting shall mean asking for money or objects of value with the intention that the money or objects be transferred at that time, and at that place. Soliciting shall include using the spoken, written, or printed word, bodily gestures, or signs with the purpose of obtaining an immediate donation of money or other things of value or soliciting the sale of goods or services. Public place shall mean a place where a governmental entity has title, to which the public or a substantial group of persons has access, including, but not limited to, any street, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground. Financial institution shall mean any banking corporation, credit union, or fo_reign exchange office as defined by Georgia law. Check cashing business shall mean any person duly licensed to engage in the business of cashing checks, drafts, or money orders for consideration pursuant to Georgia law. Automated teller machine shall mean a device linked to a financial institution's account records which is able to perform transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries or mortgage and loan payments. Automated teller machine facility shall mean the area comprised of one or more automatic teller machines and the adjacent space which is made available to banking customers after regular banking hours. Sec Aggressive solicitation prohibited. (a) No person shall solicit in an aggressive manner in any public place. (b) No person shall solicit on private or residential property without permission from the owner or other person lawfully in possession of such property. Page4 of6

7 (c) No person shall solicit within 20 feet of any entrance or exit of any financial institution or check cashing business or within 20 feet of any automated teller machine without the consent of the owner of the property or another person legally in possession of such a facility. When an automated teller machine is located within an automated teller machine facility, the distance of 20 feet shall be measured from the entrance or exit of the facility. ( d) No person shall solicit an operator or other occupant of a motor vehicle while such vehicle is located on any street for the purpose of performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services. This subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle. ( e) No person shall solicit from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying or reserving a public parking space. (f) No person shall solicit while under the influence of alcohol or a controlled substance. (g) No person shall solicit in any public transportation vehicle or at any bus or public transportation stop. (h) No person shall solicit in any public parking lot or public parking structure. (i) No person shall solicit in a group of two or more persons. G) No person shall solicit within ten feet of an entrance to a building. Sec Solicitation at night. It shall be unlawful for any person to solicit after sunset or before sunrise. Sec False or misleading solicitation. It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting. False or misleading representations include, but are not limited to, the following: ( 1) Stating that the solicitor is from out of town and is stranded when this statement is not true; (2) Stating or suggesting falsely that the solicitor is either a present or former member of the armed services; (3) Displaying any indication of physical disability when the solicitor does not suffer the disability indicated; or Page 5 of6

8 (4) Stating that the solicitor is homeless when he or she is not. Sec Penalty. Any person failing to comply with this section as the same exists or as it may hereafter be amended, shall be subject to the penalties allowed by section 1-12 and as assessed in the discretion of the judge of the municipal court of the city. Sec Reserved." Section 4. If any paragraph, subparagraph, sentence, clause, phrase or any portion of this Ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid, or the application of the Ordinance to other circumstances not so held to be invalid. It is hereby declared to be the intent of the City Council of the City of Flowery Branch to provide for separate and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason. Section 5. All ordinances and/or resolutions, or parts thereof, in conflict with the terms of this Ordinance are hereby repealed to the extent of the conflict. Section 6. This Ordinance shall be effective upon adoption by the City Council of the City of Flowery Branch, Georgia. SO ORDAINED this 17th day of September, ATTEST: James M. Miller, Mayor Melissa McCain, City Clerk APPROVED AS TO FORM: E. Ronald Bennett, Jr., City Attorney Page 6 of6

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