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HomeMy WebLinkAboutORD 6864 PANHANDLING ORDINANCE NO.G8G4 AN ORDINANCE TO AMEND THE CODE OF AUGUSTA-RICHMOND COUNTY BY ADOPTING A NEW SECTION THEREIN, TO BE KNOWN AS ARTICLE 3, CHAPTER 7, SECTION 1, ET SEQ.; SO AS TO DEFINE THE OFFENSE OF "AGGRESSIVE PANHANDLING" AS AN AMENDMENT TO THE DISORDERLY CONDUCT ORDINANCE; TO DEFINE DISTRICTS FOR ENFORCEMENT TO INITIALL Y INCLUDE BROAD STREET AND AUGUSTA COMMON DISTRICT AND THE ARMSTRONG GALLERIA; AND TO PROVIDE A PENALTY FOR THE VIOLA nON OF SAID ORDINANCE AND TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Augusta- Richmond County Code regarding the offense of disorderly conduct is hereby amended by the addition to said Augusta Code Section 3-7-1 a new subsection to be known as Section 3-7-1 (x) as follows: SECTION 1. (x)(1) "Aggressive Panhandling" as hereinafter defined is prohibited in the following defined districts: (a) BROAD STREET/AUGUSTA COMMON DISTRICT: On Broad Street and the sidewalks appurtenant thereto on the northern and southern boundaries of the right-of-way of said thoroughfare beginning at the intersection of Broad Street and Fifth Street and continuing on Broad Street to its intersection with Fifteenth Street and on the Augusta Common from its southern most boundary on the northern right-of-way line of Broad Street to the northern most boundary of the Augusta Common abutting the southern most right-of-way line of Reynolds Street and on the sidewalk on Reynolds Street abutting the northern boundary of the Augusta Common. (b) ARMSTRONG GALLERIA DISTRICT: Within the area containing the location of the Armstrong Galleria Shopping Center which is bounded on the north by the northern right-of-way line of Hopkins Street, on the east by the eastern right-of-way line of Eighth Street; south by the southern right-of-way line of Laney Walker Blvd. and west by the western right-of-way line of James Brown Blvd. (Ninth Street). (2) The purpose of this Ordinance is to ensure unimpeded pedestrian traffic flow, to maintain and protect the physical safety and well being of pedestrians and to otherwise foster a safe and harassment-free climate in the public places defined in Section 1. (3) As used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: (a) "Public place" or "Place open to the public" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public or entrances in buildings or dwellings and the grounds enclosing them; (b) "Known panhandler" means a person who within one year previous to the date of arrest for violation of this section has been convicted in a court of competent jurisdiction of any civil or criminal offense involving panhandling. (c) A conversation or gesture or both shall be construed as "threatening" if a reasonably prudent individual would perceive such conduct as intending to result in the procurement of money or goods by threat or coercion. (d) Behavior shall be deemed as "aggressive" or "intimidating" if a reasonably prudent individual could be deterred from passing through or remaining in or near any thoroughfare, or place open to the public because of fear, concern or apprehension caused by such behavior. (e) "Panhandling" shall mean begging. (4)(a) In the Districts defined in Section 1 of this Ordinance, no person either individually or as part of a group shall procure or attempt to procure a handout from another in a manner or under circumstances manifesting an express or implied threat or coercion. Among the circumstances which may be considered in determining whether such purpose of behavior is manifested are the following: that such person is a known panhandler; that such person repeatedly and in a threatening fashion, beckons to, stops, or attempts to sop one or more passers-by; that such person engages one or more passers-by in threatening conversation; or that such person utilizes threatening bodily gestures. To constitute a violation of this Subsection, the violator's conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this Subsection unless the violator's conduct must be such as to demonstrate a specific intent to induce, solicit, or procure from another goods or money by threat or coercion. No arrest shall be made for a violation of this Subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. (b) Reserved. (c) It shall be unlawful for any person, after having been warned that such activity is prohibited, to procure or attempt to procure a handout in the area defined in Section 1 of this Ordinance. (d) It shall be unlawful for any person to sit or recline on a public sidewalk with an intent to procure a handout. (e) Any person, firm or corporation violation any provision of this ordinance shall be subject to the jurisdiction of the Civil and Magistrate Court of Richmond County and be subject to a fine and or a term of incarceration upon conviction of the offense of "Aggressive Panhandling" as is provided up to the maximum punishment allowed under Augusta Code Section 3-7-3. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinance or parts of ordinances in conflict with this ordinance are repealed. SECTION 4. The prOVISIOns of this Ordinance are severable. If any part of this Ordinance is held to be invalid by a court of competent jurisdiction, the remaining provisions of this ordinance shall remain in full force and effect. Duly adopted this ~ day of March ,2006. Augusta, Georgia Waive second reading. q~ By: LO~)L [/ y> 'Tf> Mayor ATTEST:~~ Clerk 1st Reading 3-7-06 2nd reading 3-21-06 Publish in the Augusta Chronicle April 6, 2006 ....:" ..""oJ".. , F:\UsersISShepardISTEVE\CITYlORD1NANCEpanhandling 3-1 1-06. doc I, the undersigned, , Clerk, do hereby certify that the foregoing is a true and correct copy of an Ordnance adopted by said Augusta-Richmond County Commission at two consecutive meetings held on the following dates, to wit: , 2006 and , 2006, as the same appears on the minutes of said Commission this _ day of , 2006. Published in the Augusta Chronicle ,2006. Clerk