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<br />QIVIl:!IQN 2. ~EGG'~G. PI\~HAttOLING AND SOLIC!J]NG ON puaLlC AND <br />PRIVATE PROPERTY <br /> <br />Sec. 26-89. Leaislative flndinas <br /> <br />The Citv Commission recoanizes a constillJlional riaht to bea oanhandle or <br />solicit in a oeac~flil and non-threatenina manner. The City Commililiion find~. however. <br />that an increase in aaaressive beaaina. oanhandlina or solicitina throuahout the citv has <br />become extremelv disturbina and disruotive to residents and businesses and has <br />contributed not only to the loss of access to and eniovment of oU9lic olaces. but also to <br />an enhanced sense of fear intimidation and disorder. <br /> <br />Aaaressive beaaino. oanhandlina or solicitino usuallv includes aooroachina or <br />followina oedestrians. reoetitive beaaino. oanhandlina. or solicitina desoite refusals the <br />use of abusive or orofane lanauaae. unwanted phvsiQaI contact. or the intentional <br />blockina of oedestrian and vehicular traffic. The City Commission further finds that the <br />oresence of oersons who solicit monev from other oersons at or near outdoor cafes. <br />automated teller machines. the entrance and exits of byi!dinas. certain oublic events as <br />more oarticularlv described in this article. and oavohones is esoeciallv troublesome <br />because said oersons cannot readilv escaoe from the und~~jred conduct. Such activity <br />often carries with it an imoliQit threat to both oersons and orooertv. <br /> <br />The Citv Commission further finds that the activitv of beaaina. oanhandlina or <br />solicitina oresents sianificant oublic heallh. welfare and safety concerns and crowd <br />control oroblems when such activities are conducted on or near oublic streets which are <br />in use bv vehicular traffic because these activities involve the orocess of a oerson <br />reauestina a donation from an occuoant or ooerator of a vehi<<le whi!<J1 is in traffic. th<;lt <br />yehicle occuoant or ooerator must consider the reauest. and, if the vehicle occuoant or <br />ooerator decides to fulfill the reauest that oerson must reach for a wallet. search f9.r <br />monev. or write a check all while that oerson and vehiCle are located on a oublic street <br />in use bv vehicular traffic, Based on the foreaoina. the City Commission finds that t~ <br />activity of beaaina. oanhand!ina or solicilina from occuoants or ooerators of vehicles <br />located on streets in use bv vehicular traffic ~istracts drivers from their orimarv duty to <br />watch tr<!ffic and ootential hazards in the road. observe all traffic siana!s or warninas <br />and move throuah the city's streets and intersections in a lawful and safe manner and <br />creates a ootential safety hazard and Doses a substantial risk to the oublic. and <br />imoedes the free flow of traffic on the streets within the citv resultina in the d!;llav and <br />obstruction of the oublic's free flow of travel on the city's streets. The City Commission <br />further finds that the safety of beaaars. Dan handlers. solicitors. oedestrians and <br />ooerators and occuoants of vehicles is at sianificant risk when such acti'lilies occur <br />because the nature of these activities often ent~j1s beaaars. oanhandlers or solicitors <br />standina on traffic medians. bicvcle oaths and oublic streets in use by vehicular traffi!;, <br />orooertv only meant for the use and control of vehicular traffic and not beo~i~~ <br />oanhandlina or solicitina <br /> <br />3 <br />