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Home My WebLink AboutOrdinance-2005-1342 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No 04 Ordinance No. 1342 Series of 2005 TITLE. AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION WHEREAS, The City Council of the City of Wheat Ridge Colorado is vested with all power and authority to adopt ordinances for the protection of the public health, safety and welfare, and WHEREAS, the City Council finds that persons soliciting for various purposes from occupants of vehicles traveling on streets or highways within the City pose a threat to safety of those persons, the occupants of vehicles, and the traveling public, and WH EREAS, the City Council finds that aggressive solicitation is occurring within the City in a manner not consistent with the reasonable expectations of the public, and WHEREAS, the City Council desires to prohibit sales and solicitations In certain places and also to prohibit aggressive solicitation. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Article V of Chapter 16 of the Code of Laws is amended by the addition of a new sectIOn 16-113, to read Sec. 16-113 Sales and Solicitation in Certain Places Prohibited. (a) It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway within the city when such solicitation or collection (1) Causes the person performing the activity to enter onto the traveled portion of a street or highway; or (2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions, or (3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction (b) It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway. (c) No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property. (d) No person shall solicit when either the solicitor or the person being solicited IS located within twenty (20) feet of any automated teller machine Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. (e) No person shall beg in any public parking lot or public parking structure to which the public or substantial number of the public has access (f) No person shall solicit within six (6) feet of an entrance to a building to which the public has access (g) No person shall solicit when the person being solicited is located within the patio or sidewalk area of a retail business establishment that serves food and/or beverages (h) No person shall solicit in a public place during the night (i) No person shall beg when either the solicitor or the person being solicited is located within twenty (20) feet of a public toilet (j) No person shall solicit when either the solicitor or the person being solicited is located within twenty (20) feet of any pay telephone provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility (k) No person shall solicit when the person being solicited IS waiting In line for tickets, for entry into a building or for another purpose (I) The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning. 2 - - (1) Automated teller machine shall mean a device, linked to financial institutions' account record which is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. (2) Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machine and any adjacent space, which is made available to banking customers after regular banking hours. (3) Financial institution shall mean any bank, Industrial bank, credit union, or savings and loan as defined in Title 11 of the Colorado ReVised Statutes. (4) Night shall mean one-half hour after sunset until one-half hour before sunrise. (5) Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground (6) Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. (7) Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic Section 2. Article V of Chapter 16 of the Code of Laws is amended by the addition of a new section 16-114, to read. Sec. 16-114Aggressive Solicitation Prohibited. No person shall engage in aggressive solicitation in any public place. Aggressive solicitation shall mean begging or soliciting accompanied by or followed immediately by one or more of the following. (a) Intentionally continuing to solicit from a person after the person has given a negative response to such solicitation. 3 - - (b) Intentionally making any physical contact with or touching another person in the course of the solicitation without that person's consent (c) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting. (d) Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety. (e) Persisting In closely following behind or alongside, or walking immediately ahead of a person who has been solicited with the intent of asking that person for money or other things of value, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or anything of value to the solicitor (f) Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of peace. (g) Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other things of value Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance IS necessary for the preservation of health and safety and for the protection of publiC convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of March, 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 11, 2005, at 7:00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1, this 11 th day of April, 2005 4 SIGNED by the Mayor on this 12th ATTEST. ,~ '\, \" 1J..lJ.~l ('",,{ 1\1l ------ 'J::>ainela Anderson, City Clerk First Publication. March 31, 2005 Second Publication: April 14, 2005 Wheat Ridge Transcript Effective Date. April 11, 2005 day of ,2005. April - - . retchen Cerveny, M.ayor_____ 5