HomeMy WebLinkAbout3123 Intrusive Solicitation
ORDINANCE NO. I ID
AN ORDINANCE ADDING CHAPTER 10.130 INTRUSIVE
SOLICITATION TO TITLE 10 PEACE, MORALS AND SAFETY
OF THE ASHLAND MUNICIPAL CODE
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, The City has received numerous complaints from residents, tourists, other visitors,
and business owners about persons soliciting for contributions in circumstances in which the
person asked to make a contribution felt a heightened sense of alarm or was not readily able to
walk away.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.130 Intrusive Solicitation is added to Title 10 of the Ashland
Municipal Code as follows:
SECTION 10.130.010 Findings and Purpose
A. Findings.
1. Solicitations for immediate donations of money or any other item of value in certain
areas of Ashland have caused solicited persons to feel their freedom to move away to
avoid solicitation was restricted.
2. The City has a significant governmental interest in maintaining a safe and inviting
environment in public spaces for all residents and visitors, but especially for
tourists, because Ashland's economic vitality depends in large part on its status as a
singular destination for tourists.
3. To retain the unique character of Ashland, preserve its status as a tourist attraction,
foster commercial and cultural activity, and ensure the safety of residents and
visitors, the City has a significant governmental interest in reasonable, specific
locational limitations on requests for money or any other item of value from another
person, regardless of the solicitor's purpose or intended use of the money or other
item of value.
B. Purpose. The purpose of this chapter is to protect residents and visitors from
intimidating discomfiture arising from solicitation at specified locations.
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SECTION 10.130.020 Prohibited Intrusive Solicitation
A. No person shall orally or in any other manner request a donation of money or other
gratuity from another person if the person to whom the request is made is:
1. Seated at an outdoor or indoor dining area of a restaurant or other establishment
serving food for immediate consumption.
2. Within 20 feet of an automatic teller machine or the entrance to a bank, credit union
or similar financial institution.
B. No person shall be cited under this section unless the person engages in intrusive
solicitation as defined in Section 10.130.020A after having been notified by a law
enforcement official that such conduct violates this Chapter.
C. Exceptions.
Section 10.130.020A does not apply to solicitations related to business on the subiect
premises which is being conducted by or with approval from the owner or the lawful
tenants of the premises.
SECTION 10.130.030 Penalty for Violation
Any person who violates any provision of this Chapter shall be punished as set forth in
Section 1.08.020 of the Ashland Municipal Code. Intrusive Solicitation is a Class IV
violation.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re-lettered, provided however, that any
Whereas clauses and boilerplate provisions, i. e., Sections Nos. 2-3, need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section (C) of the City Charter on the S day of Ia , 2016,
and d PASSED and AD TED this / ay of Aqnwl 12016.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this A day of 2016. 67
Jo Stromberg, Mayor
Reviewed as to form-:
David H. I oO man, City Attorney
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