Explanation
The purpose of this legislation is to increase the scope of current prima facie evidence of intimidation relative to aggressive panhandling as established in Columbus City Codes, 1959. This legislation will amend sections 2333.01, 2333.02 (A) and (B), 2333.04 (A) and (B) and 2333.99 (A) and (B) of the Columbus City Codes, 1959, Prima facie evidence of intimidation. Among the changes, the distance from an entrance of a banking organization or licensed casher of checks, automated teller machine or automated teller machine facility within which begging would be considered prima facie evidence of intimidation will increase from twenty (20) to twenty-five (25) feet. Similarly, the ordinance creates a ten (10) foot buffer around public parking meters, parking lots and pay telephones and also makes begging within twenty-five (25) feet of an outdoor patio or sidewalk café prima facie evidence of intimidation. The ordinance also creates an improper solicitation after dark offense, whereby certain verbal solicitations of money would be prohibited after nightfall until sunrise. The changes also necessitate the addition of new definitions and new sub-sections to sections 2333.01, 2333.02, 2333.04 and 2333.99.
Title
To amend existing Sections 2333.01, 2333.02, 2333.04 and 2333.99 of the Columbus City Codes, 1959, to increase the scope of current prima facie evidence of intimidation relative to aggressive panhandling and to create the offense of improper solicitation after dark.
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WHEREAS, the Columbus Division of Police reports an increase in the number of complaints from residents, visitors, and businesses regarding aggressive solicitation or "aggressive panhandling" throughout the City; and
WHEREAS, aggressive panhandling is distinctly different than the simple act of begging, which is generally considered to be constitutionally protected free speech; and
WHEREAS, aggressive panhandling is defined by intimidation, or, the act of soliciting with the intent to intimidate another person into giving money, goods, or other property of value; and
WHEREAS, examples of aggressive panhandling include, but are not limited to, following a person before, during or after soliciting, repeated solicitations despite refusal, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian or vehicular traffic; and
WHEREAS, the act of soliciting money near financial institutions, automated teller machines, pay telephones, public parking meters, pay parking lots, outdoor patios and sidewalk cafes, or after dark is inherently intimidating due to the environment and circumstances surrounding the solicitation; and
WHEREAS, Columbus City Council is amending these sections of City Code pursuant to its police power in order to improve the overall quality of life and public safety of Columbus residents and visitors, and to encourage access and patronage to Columbus businesses; and
WHEREAS, this action is not intended to limit any persons from exercising their constitutional right to solicit funds, picket, protest or engage in other constitutionally protected activity; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1: That Section 2333.01 of the Columbus City Codes, 1959, shall be amended to read as follows:
2333.01 Pedestrian and vehicle interference, aggressive panhandling, d Definitions.
The following definitions apply in this section chapter:
(A) "Aggressively beg" means to beg with the intent to intimidate another person in to giving money, goods, or other property of value.
(B) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled.
(C) "Beg" means to ask for money, goods, or other property of value as a charity, whether by words, bodily gestures, signs or other means.
(D) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one's constitutional right to protest, and acts authorized under the Charitable Solicitations Ordinance, Chapter 525 of this Code, shall not constitute obstruction of pedestrian or vehicular traffic.
(E) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds surrounding them.
(F) "Automated teller machine" means a device linked to a financial institution's account records which is able to carry out transactions, including but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments.
(G) "Automated teller machine facility" means the area comprised of one (1) or more automated teller machines and any adjacent space which is made available to banking customers after regular banking hours.
(H) "Public transport" means any commercial vehicle providing transportation on a regular route to consumers for a standard fare.
(I) "Bus stop area" means within any shelter provided for public use by the Central Ohio Transit Authority (COTA) or the Ohio State University and any area within five (5) feet of the outer walls of that shelter, or, where no shelter has been erected, the area within a ten (10) foot radius of the sign indicating a bus stop.
(J) "Sidewalk cafe" means an outdoor area that is designated for sidewalk dining and for which a City permit has been successfully obtained pursuant to law.
(K) "Solicit and "solicitation" means to ask in person and by words for an immediate grant of money, goods, or other property of value as a charity from another person(s) when the person making the request is not known to the person(s) who are the subject of the request. The term "solicit" and "solicitation" shall not mean the act of passively standing or sitting with a sign or other indicator that a donation of money, goods, or any other property of value is being sought without any vocal request other than a response to an inquiry by another person.
Section 2: That Section 2333.02 of the Columbus City Codes, 1959, shall be amended to read as follows:
2333.02 Offense when.
A person is guilty of pedestrian or vehicle interference, aggressive panhandling, or improper solicitation after dark if on the streets, sidewalk, or other public place, whether publicly or privately owned, including public transport, bus stop area, and parks, he or she the person:
A. Intentionally obstructs pedestrian or vehicular traffic; or
C. Solicits after 8:00p.m. and before 7:00a.m. during any dates on which Daylight Savings Time is in effect; or after 7:00p.m. and before 7:00a.m. during any dates on which Daylight Savings Time is not in effect. The dates for the annual duration of Daylight Savings Time shall be established by the federal government of the United States.
Section 3: That Section 2333.04 of the Columbus City Codes, 1959, shall be amended to read as follows:
2333.04 Prima facie evidence of intimidation.
Proof of any one of the following factors constitutes prima facie evidence that begging was done with the intent to intimidate another:
(A) That the begging was conducted within twenty-five (25) feet of an entrance to or exit from a banking organization or licensed casher of checks, as defined by Section 1315.21(C) of the Revised Code, during its business hours; That the begging was conducted within twenty (20) feet of the entrance to or exit from a check cashing business as defined by R.C. 1315.21(C).
(B) That the begging was conducted within twenty-five (25) twenty (20) feet of any automated teller machine or the entrance to or exit from an automated teller machine facility;
(C) That the begging was conducted either within the physical confines of a bus stop area shelter or at the entrance to or exit from a bus stop area shelter;
(D) That the beggar approached the operator or occupant of a motor vehicle while the vehicle is located on any street and offered to perform a service, performed a service without permission and then demanded payment, or offered to sell goods or services for more than their usual value. This paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passenger of such vehicle;
(E) That the beggar intentionally touched or caused physical contact with another person without their consent in the course of begging, followed the person before, after or during begging, or persisted in begging after the other person has given a response that a reasonable person would understand to be a negative response to the request; or,
(F) The use of That the beggar used violent or threatening gestures toward a person solicited.;
(G) That the begging was conducted within ten (10) feet of a public parking meter as defined in C.C. 2155.01 or within ten (10) feet of a public pay telephone;
(H) That the begging was conducted within or within ten (10) feet of the outside boundary of a parking lot as defined in C.C. 3303.16 where the deposit of funds in a public parking meter as defined in C.C. 3303.16, the deposit of funds in a coin machine as defined in C.C. 2313.01, or the payment of funds to a parking attendant is required for use of a particular individual parking space; or,
(I) That the begging was conducted within twenty-five (25) feet of any outdoor patio as defined in C.C. 715.01. For purposes of this chapter, "outdoor patio" includes, but is not limited to, a sidewalk cafe.
Section 4: That Section 2333.99 of the Columbus City Codes, 1959, shall be amended to read as follows:
2333.99 Conviction and penalty- Effect of prior similar conviction
A. Whoever violates Section 2333.02(A) is guilty of pedestrian or vehicle interference, a misdemeanor of the fourth degree. When a person has been previously convicted of a violation of Section 2333.02(A) or (B), or any other substantially similar state statute or municipal ordinance, the offense of pedestrian or vehicle interference is a misdemeanor of the third degree.
B. Whoever violates Section 2333.02(B) is guilty of aggressive panhandling, a misdemeanor of the second degree. When a person has been previously convicted of a violation of Section 2333.02(A) or (B), or any other substantially similar state statute or municipal ordinance, aggressive panhandling is a misdemeanor of the first degree.
C. Whoever violates Section 2333.02 (C) is guilty of improper solicitation after dark, a minor misdemeanor. When a person has been previously convicted of a violation of Section 2333.02, or any other substantially similar state statute or municipal ordinance, the offense of improper solicitation after dark is a misdemeanor of the fourth degree.
Section 5. Severability Clause. That if any section, sentence, clause, or phrase contained in this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this ordinance.
Section 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.