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Amend Chapter 13, addition of New Article 2 Entitled Panhandling and Solicitation Regulations
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Amend Chapter 13, addition of New Article 2 Entitled Panhandling and Solicitation Regulations
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Last modified
11/24/2008 8:37:58 AM
Creation date
10/22/2008 3:13:53 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/26/2001
Ord-Res Number
9289-01
Bill Number
108-01
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Panhandling Md Solicitation Regulations Ordinance <br />Page 2 <br />This ordinance is timely and appropriate because the current City ordinances are insufficient <br />to address the aforementioned problems. The recommended restrictions are neither overbroad <br />nor vague and are narrowly tailored to serve significant governmental interests. The Council <br />believes that this ordinance would help protect residents and visitors to our community from the <br />fear and intimidation that accompany a certain type of solicitation, which due to its aggressive <br />manner has become unwelcome, overwhelming, coercing, intimidating, and harassing to those <br />approached. Hence, the Council believes that the enactment of this ordinance would be in the <br />best interests of the City. <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />Section I. Chapter 13 of the South Bend Municipal Code is hereby amended by the addition of <br />new Article 2 entitled "Panhandling and Solicitation Regulations" which shall read in its entirety <br />as follows: <br />Article 2. Panhandling and Solicitation Regulations. <br />Sec. 13-24 Legislative Findings. <br />(a) The South Bend Common Council finds that there is a need to impose reasonable <br />panhandling and solicitation regulations. Such regulations will improve the quality of life <br />and economic vitality of the city, protect the safety of the general public against certain <br />intimidating and abusive conduct of Panhandlers, while respecting the constitutional <br />rights of free speech for all citizens. <br />(b) The Council further finds that the City should provide a safe and orderly environment <br />where social, business, recreational and cultural opportunities can be maximized while <br />eliminating the secondary effects of nuisance activities that negatively affect such types <br />of interactions in the Central Business and Entertainment Area of the city. <br />(c) The Common Council finds that an increase in aggressive solicitation has become <br />increasingly disturbing and disruptive to residents and visitors to the city, and has <br />directly contributed to the loss of access to and enjoyment of certain public places and <br />has engendered a sense of fear, intimidation, and disorder. <br />(d) The Common Council therefore declares that the following panhandling and solicitation <br />regulations are promulgated pursuant to the "Home Rule" powers vested in the City <br />pursuant to Indiana Code § 36-1-3-1, et seq. which grants among other powers, all <br />powers which are needed for the effective operation of govemment as to local affairs <br />and authorizes the enactment or ordinances which protect the health, safety and welfare <br />of its residents and which would preserve the peace, order and safety of its community; <br />Indiana Code § 36-1~L-11 and Indiana Code § 36-46-12, et seq. which permit cities to <br />pass and enforce ordinances; and Indiana Code § 36-1-4-6 which authorizes cities to <br />use, improve and protect its interests in property. <br />(e) The South Bend Common Council finds that the panhandling and solicitation regulations <br />provided in this ordinance are intended to be content-neutral, narrowly tailored to serve <br />significant govemment interests, and would permit ample alternative channels of <br />communication. <br />~ The South Bend Common Counal believes that all regulations set forth in this ordinance are consistent with the <br />constitutional criteria established by the United States Supreme Court in Peny Edugfion Assodation v. Perry Local <br />Educators' Assoaation, 460 U.S. 37, 45103 S.Ct. 948, 74 L Ed. 2d 794 (1993). <br />o~~~sa <br />
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