Amend Chapter 13, addition of New Article 2 Entitled Panhandling and Solicitation Regulations

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Ordinance No. _12 ~ 1 ~d AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW ARTICLE 2 ENTITLED PANHANDLING AND SOLICITATION REGULATIONS STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, acknowledges that residents and visitors to certain areas in our city have been and are being confronted by persons or panhandlers soliciting money or other objects of value (collectively "Panhandlers"). Many Panhandlers go about their business in a passive manner; however, others act in an aggressive manner by such conduct as making loud and repeated demands or persistently following a pedestrian after a solicitation has been denied. The Council further acknowledges that some Panhandlers solicit in places that are especially intimidating such as on city sidewalks, in alleys, near automated teller machines, at traffic intersections; and make repeated demands for money. The solicitation of people in places where they area "captive audience" in which it is impossible or difficult for them to exercise their own right to decline to listen to, or to avoid solicitation from, others. Restricting solicitation in such places would provide a balance between the rights of Panhandlers and the rights of persons who wish to decline or avoid such solicitations. Furthermore, it would help avoid, or diminish the threat of, violence in such unwarranted and unavoidable confrontations. The aggressive conduct described above has detrimental effects on the economic and social functions of the sidewalks, intersections and other pubic places; and confrontation by such aggressive Panhandlers has placed members of the public at risk. Hence, the Council finds that aggressive panhandling has become significantly disturbing and disruptive to citizens and businesses. It has contributed not only to the loss of cit¢ens' access to and enjoyment of public places but also to the creation of a sense of fear, intimidation, and disorder. Numerous complaints about Panhandlers in the South Bend's Central Business and Entertainment Area have been made to the South Bend Police Department, the South Bend Downtown Partnership, Center City Associates, the Mayor, the Common Council, and other agencies and officials of the City of South Bend. Hence, the Council finds that solicitation and panhandling in the Central Business and Entertainment Area has become significantly disturbing and disruptive to citizens and businesses. It has contributed to a sense of fear, intimidation, and disorder that causes many residents and visitors to avoid the area and, thus, negatively affects the conduct of trade by businesses and the enjoyment of public places by citizens. The Common Council believes that the complaints raised about the ongoing confrontations between Panhandlers and citizens in our City raise legitimate concerns for the safety, protection, and sense of security of people using public forums. It is, therefore, the intent of the Council in enacting this ordinance to improve the quality of life and economic vitality of the City. It is the further intent of the Council in enacting this ordinance to protect the safety of the general public against certain intimidating or abusive conduct of Panhandlers by imposing reasonable time, place, and manner restrictions on solicitation while respecting the constitutional rights of free speech of all citizens. Provisions of this ordinance would also help provide a safe and orderly environment where social, business, recreational, and cultural opportunities can be maximized while eliminating the secondary effects of such nuisance activities that negatively affect such social and economic interaction in the Central Business and Entertainment Area. o»>za