9.90.010 - Purpose and findings.

(a)

The purpose and intent of this chapter is to protect the safety and welfare of the general public and improve the quality of life of the City of Commerce by imposing reasonable time, place, and manner restrictions on aggressive, intrusive or unsafe panhandling while respecting the constitutional rights of free speech for all citizens.

(b)

Aggressive and intrusive panhandling typically includes approaching or following pedestrians, the use of abusive language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. The city council finds that an increase in aggressive panhandling throughout the city has become disturbing and disruptive to residents and businesses and has contributed not only to the loss of access to and enjoyment of places open to the public, but has also created an enhanced sense of fear, intimidation and disorder.

(c)

The city council finds that panhandling from people in places where they are a "captive audience," in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid panhandling from others, is problematic and presents a risk to the health, safety and welfare of the public. Such places include public transportation vehicles and their designated locations for stops, as well as gasoline stations. The city council further finds that the presence of individuals who panhandle money from persons at or near banks or automated teller machines is especially threatening and dangerous. Such activity often carries with it an implicit threat to both person and property. Restricting panhandling in such places will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid such panhandlings, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations.

(d)

The city council finds that panhandling on roadway median strips, at traffic intersections, and in the public roadway is unsafe and hazardous for panhandlers, drivers, pedestrians, and the general public. Panhandling on roadway median strips, at traffic intersections, and in the public roadway increases the risk of drivers becoming distracted from their primary duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

(e)

The city council further finds that the practice of panhandling near driveways accessing shopping centers, retail, and business establishments is unsafe and hazardous for panhandlers, drivers, pedestrians and the general public. The location of the panhandler near the driveway compromises the panhandler's safety, impedes visibility, and impairs a driver's ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic which may result in automobile accidents, congestion and blockage of streets, and delay and obstruction of the free flow of travel, all of which constitute substantial traffic safety problems.

(f)

This law is timely and appropriate because current laws and city regulations are insufficient to address the aforementioned problems. The restrictions contained herein are neither overbroad nor vague and they are narrowly tailored to serve a substantial governmental interest. The goal of this law is to protect citizens from the fear and intimidation accompanying certain kinds of panhandling that have become an unwelcome presence in the city, and to protect the safety of the general public.

(Ord. No. 692, § 2, 1-19-2018)