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

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Panhandling Md Solicitation Regulations Ordinance Page 2 This ordinance is timely and appropriate because the current City ordinances are insufficient to address the aforementioned problems. The recommended restrictions are neither overbroad nor vague and are narrowly tailored to serve significant governmental interests. The Council believes that this ordinance would help protect residents and visitors to our community from the fear and intimidation that accompany a certain type of solicitation, which due to its aggressive manner has become unwelcome, overwhelming, coercing, intimidating, and harassing to those approached. Hence, the Council believes that the enactment of this ordinance would be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of new Article 2 entitled "Panhandling and Solicitation Regulations" which shall read in its entirety as follows: Article 2. Panhandling and Solicitation Regulations. Sec. 13-24 Legislative Findings. (a) The South Bend Common Council finds that there is a need to impose reasonable panhandling and solicitation regulations. Such regulations will improve the quality of life and economic vitality of the city, protect the safety of the general public against certain intimidating and abusive conduct of Panhandlers, while respecting the constitutional rights of free speech for all citizens. (b) The Council further finds that the City should provide a safe and orderly environment where social, business, recreational and cultural opportunities can be maximized while eliminating the secondary effects of nuisance activities that negatively affect such types of interactions in the Central Business and Entertainment Area of the city. (c) The Common Council finds that an increase in aggressive solicitation has become increasingly disturbing and disruptive to residents and visitors to the city, and has directly contributed to the loss of access to and enjoyment of certain public places and has engendered a sense of fear, intimidation, and disorder. (d) The Common Council therefore declares that the following panhandling and solicitation regulations are promulgated pursuant to the "Home Rule" powers vested in the City pursuant to Indiana Code § 36-1-3-1, et seq. which grants among other powers, all powers which are needed for the effective operation of govemment as to local affairs and authorizes the enactment or ordinances which protect the health, safety and welfare of its residents and which would preserve the peace, order and safety of its community; Indiana Code § 36-1~L-11 and Indiana Code § 36-46-12, et seq. which permit cities to pass and enforce ordinances; and Indiana Code § 36-1-4-6 which authorizes cities to use, improve and protect its interests in property. (e) The South Bend Common Council finds that the panhandling and solicitation regulations provided in this ordinance are intended to be content-neutral, narrowly tailored to serve significant govemment interests, and would permit ample alternative channels of communication. ~ The South Bend Common Counal believes that all regulations set forth in this ordinance are consistent with the constitutional criteria established by the United States Supreme Court in Peny Edugfion Assodation v. Perry Local Educators' Assoaation, 460 U.S. 37, 45103 S.Ct. 948, 74 L Ed. 2d 794 (1993). o~~~sa