HomeMy WebLinkAboutITEM VIII-A-4
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 5918 Date:
May 3, 2005
Department: I Attachments: Budget Impact:
Legal Ordinance No. 5918
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5918
Background Summary:
This Ordinance amends chapter 9.08.010 of the Auburn City Code relating to aggressive begging. By
amending Section 9.08.010 of the Auburn City Code, the ordinance seeks to assure a better ability of the
law enforcement officials to protect the safety of Auburn citizens, pedestrians and vehicular traffic in
regards to aggressive begging.
A0516-1
01.8
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire 0 Planning
o Legal 0 Police
o Public Works D Human Resources
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Cerino I Staff: Heid
Meeting Date: May 16, 2005 I Item Number: VIlI.A.4
ORDINANCE NO. 5 9 1 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 9.08.010 OF THE AUBURN CITY CODE,
RELATING TO AGGRESSIVE BEGGING
WHEREAS, the current provisions of the Auburn City Code include
regulation of activity that involves aggressive begging, such as intimidation,
false or misleading activities or activities that involve safety conCE~rns for
people; and
WHEREAS, because there is an increasing experience of activitie!s at off
ramps or along public rights-of-way that interfere with or potentially jeopardize
the safety of pedestrians or vehicular traffic, it is appropriate that the provides
of the aggressive begging ordinance be modified to assure a better ability of the
law enforcement officials to protect the safety that otherwise be threatenød.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to City Code. That a new section 9.08.010 of
the Auburn City Code is hereby amended to read as follows:
Chapter 9.08
AGGRESSIVE BEGGING
Sections:
9.08.010
Aggressive begging.
9.08.010
Aggressive begging.
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Ordinance No. 5918
March 29. 2005
Page 1
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A. It is unlawful for any person to engage in aggressive begging in
any public place in the city, as those terms are defined by this section.
B. As used in this section:
1. "Aggressive begging" shall mean: (a) begging with intent to
intimidate another person into giving money or goods; (b) begging with use of
false, misleading information; (c) begging with or involving activities that are
unsafe or dangerous to any person or property, or beooinq at locations or in a
manner that threatens the safetv of persons or propertv. or that impedes or
threatens to impede pedestrian or vehicular traffic; (d) begging in a manner that
exploits children; or (e) 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" shall mean asking for money or goods as a charity,
whether by words, bodily gestures, signs or other means.
3. "To intimidate" shall mean 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" shall mean: (a) any public road, alley, lane, parking
area, sidewalk, or other publicly owned building, facility or structurø; (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; or (c) 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.
5. "Exploit" shall mean using in an unethical, selfish or abusive
manner or in any other manner that gives an unfair advantage.
C. 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 fine
and jail time. (Ord. 5682 § 1, 2002.)
Section 2. If any provision of this Ordinance or the application thereof to
any person or circumstance is held to be invalid, the remainder of slJch code,
ordinance or regulation or the application thereof to other person or
circumstance shall not be affected.
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Ordinance No. 5908
April 4, 2005
Page 2
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. This Ordinance shall take effect and be in force five days
from and after its passage, approval, and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
Peter B. Lewis
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM;
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Ordinance No.
May 3, 2005
Page 3