06-243SUBSTTIUTEAMENDMENT 4/19/2006
Council File # f��
Ordinance #
Green Sheet # 3O�
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Z'
Presented By
Referred To
Committee Date :
An ordinance amending Chapter 282 of the Saint Paul Legislative Code pertaining to the
regulation of Aggressive Solicitation. ��
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THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �Y O 4�
Section 1. That Chapter 282, Section 282A 1 of the Legislative Code, entitled "Begging, public
places" be repealed and that a new Section 282.01 be enacted as follows:
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Secfion 282.01. Aggressive Solicitafion.
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Policy. As an aid in the intemretation and enforcement of this section the citv council
finds that:
1. A¢¢ressive solicitation is disturbin¢ and disruptive to residents and businesses
and contributes to the loss of access to and en�oyment of public places and to a
sense of fear, intimidation and disorder.
2. Agaressive solicitation may include approaching ar following�edestrians,
reoetitive solicitine despite refusals, the use of abusive or profane lan¢uage to
cause fear and intimidation, unwanted �hysical contact, or the intentional blockin¢
of nedestrian and vehiculaz traffic.
3. The presence of individuals who solicit mone�persons in places that are
confined, difficult to avoid, or where a person mi�ht find it necessary to wait, is
especially troublesome because of the enhanced fear of crime.
4. This section is intended to protect citizens from the feaz and intimidation
accompanying certain kinds of solicitation. and not to limit constitutionall�.
protected activitv.
Definitions.
l. "Solicitation," as used in this section, means anv request made in person where:
1 a. A roerson bv vocal appeal rec�uests an immediate donation of money or�� �
2 other item from another person; or
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4 b. A Derson verballv offers ar activelv provides an item or service of little or
5 no monetary value to another in exchanee for a donation, under
6 circumstances where a reasonable person would understand that the
7 transaction is in substance a donation.
9 However. solicitation shall not include the act of assivelv standine. sittin .g or en a ine
10 in a nerformance of art with a sim or other indication that a donation is being soueht,
11 without any vocal request other than in response to an inquirv by another eo rson•
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2. "Public place: ' as used in this section sha11 mean any�ublic place as defined bv Minn.
Stat. $&144.413. Subd. 2 and 609321, Subd. 12 (amended, 2005 c 136 art 17 s 19-23�
3. "Convenience store." for �urposes of this section, includes an establishment licensed
as a retail food establislunent less than 10.0000 square feet under &331A.04 of the Saint
Paul Legislative Code that engages in the sale of food in or on disposable or edible
containers in individual servines for consumption on or off the premises, easoline or an�
other automobile engine fuel, tobacco items, household items and/or conveniences.
and/or that is routinel�pen for business 20 to 24 hours a dav or between the hours of
ten o'clock (,10:001 p.m. and five o'clock (5:001 a.m.
C. Prohibitions.
1. It shall be unlawful in a public place to eneaee in an act of solicitation when the
person beine solicited is present at any of the following locations:
a. In a restroom.
b.
c.
d.
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At a bus stop or shelter or light rail stop or shelter.
At a crosswalk.
In anv �ublic transnortation vehicle or public transportation facilitv.
In a vehicie which is parked or stopped on a public street, allev or off-
ran1U.
In a sidewalk cafe or restaurant.
In a line waitine to be admitted to a commercial or ¢overnmental
establishment.
h. Within twentv (201 feet in anv direction from an automatic teller machine
or entrance to a bank, other financial institution, or check cashing
business.
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In a park•
Within ten (101 feet in any direction of a gas station and/or filline station
as defined under §4.24.01 of the Saint Paul Leeislative Code.
O� a��
l. Within ten (101 feet in any direction of a liquor store including any
establishment with off-sale license under Chapter 409 and 410 of the Saint
Paul L,egislative Code, and not includine establishment with on-sale
license.
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2. It shall be unlawful in a public blace to en�aee in an act of solicitation in a manner
that incorporates any of the followine methods:
In a public or private roneriv where there is a posted "no solicitation"
si�n•
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Within ten (101 feet in any direction of a convenience store.
Intentionallv touching or causingphvsical contact with the solicited person
without that roerson's consent.
Intentionallv blockine the path of the solicited �erson, ar the entrance to
anv building ar vehicle.
c. Following behind, ahead or alon sie 'de a person who walks awav from the
solicitor after being solicited, with the intent to intimidate or continue
solicitation.
d. En�aging in offensive, obscene, abusive, or profane conduct or in
offensive, obscene or abusive laneuage having reasonable grounds to
know that it will, or will tend to cause a reasonable person to be fearful or
feel compelled.
e.
f.
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Approaching the solicited nerson in a manner that:
1. Is intended to or is likelv to cause a reasonable person to fear
imminent bodily harm ar the commission of a criminal act upon
vrope in the person's possession; ar
2. Is intended to or is likely to intimidate a reasonable person into
responding affirmativelv to the solicitation.
Solicitation while under the influence or alcohol or drues.
Solicitation in a Qroun of two Ll or more persons.
D. Penalties. Each act of solicitation rorohibited bv this section shall constitute a separate
violation of this section. Each violation sha11 be punishable as a misdemeanor.
E. Severance. If any section, sentence, clause. ar phrase of this law is held invalid or
unconstitutional bv any court of wm etent jurisdiction, it shall in no wav affect the
validit,�y remaining nortions of this law.
Section 2. This ordinance shall take effect and be in force thirty (30) days following its passage,
approval and publication.
BY= � i
Approved by M Dat 'Z '���
By:
Requested by Department of: O � ���
Sy:
Form Approved-1}y City Attorney �
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By: L i i �' :. �� � 1
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Approved by May�-£ar- Submission Council
By:
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M,�' 0 4 �
Adopted by Council: Date ��j%������
Adoption Certified by Council Secretary
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
/Y -��1'L
Departmentloffice/council: Date Initiated: �� �'�'
pD — Po�icenepanmen� 08-FEB-O6 Green Sheet NO: 3029661
ConWCt Person & Phone: Deoartment SeM To Person Initial/Date
Chief John Hartington � 0 olice De nt Police De artment
2665588 q�j 1 olice De artment De ar[ment Director
MUSt Be on COUncil F�qenda by (Date): Number Z a or's Office Ma or/Assistant
FOf 3 ouncit Council
Routing
O�der 4 i 1 rk Ci Cler
5 olice De artment Police De artment
ToWI # of Signature Pages (' I Locations for Signature)
Action Requested:
Approval requested for the new' Agres ve Solicitarion" ordinance, expanding and re-defining the original "Begging" ordinance, Sec.
282.01.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this personffirtn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frm possess a skill not normally possessed by any
current city employee?
Yes , No
Explain all yes answers on separate sheet and attach to green sheet
riiti ' g Problem, Issues, Opportunity (Who, What, When, Where, Why):
Agres ve solicitation in and throughout the City of Saint Paul which is disturbing and disruprive to residents and businesses.
AdvantageslfApproved:
Protects citizens from the feaz and intimidation accompanying certain kinds of solicitation while at the same tune allowing
constitutionally protected activities.
DisadvantageslfApproved:
None.
RECEIVED
Disadvantages If Not Approved:
Citizens and businesses will be more exposed to agressive solicitation. �Y�� OFFICE
Total Amount of CosURevenue Budgeted:
Transaction:
Funding Source: Activiry Number:
Fi nancial I nformation:
(Explain) �
Disvict 6 PlanninA Council
Saint Paul, MN 551 17
65I-488-4485fax: 651-488-0343
districc6(�popp.nec
Aprii 4, 2006
Council Member Lee Helgen
320-A City Hall
15 West Kellogg BLVD
Saint Paul, MN 55102
District 6 Planning Council supporu the proposed amendment to ordinance Chapter
282 of the Saint Paul Legislative Code.
Redefining the ordinance with the specific language concerning aggressive solicitation,
will assist with the protection of businesses and citizens by allowing a stricter code of
conduct and by sending a firm message that this type of solicitation that is intimidating to
the citizens will not be tolerated.
District 6 Planning Council hopes the City Council will pass this amendment and by
doing so will assist our efforts in combating the ever-present quality of life concerns our
neighborhood faces, by allowing stricter penalties for what is an ever increasing
problem.
Regards,
� C�l M�
Kerry Antrim�
Community Organizer
SUBSTITUTE AMENDMENT
a�'.NDED 4/OS/2006
Presented
Referred To
An ordinance
regulation of.
THE
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Council File # �- a�13
Ordinance#
Green Sheet#, � (��
,'
Committee Date :
Chapter 282 of the Saint Paul Legislative Code pertaining to the
OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section L That Chapter 282, Secl�n 282.01 of the Legislative Code, entitled `Begging, public
places" be repealed and that a new�ction 282.01 be enacted as follows:
(� Policy. A
finds that:
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cat
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sense of fear intimidation and disorder.
of roedestrian and vehicular tr�c.
especially troublesome because of the enhanced fear of crime.
protected activitv.
b� Definitions.
"Solicitation," as used in this section, means anv request made in roerson where:
1 � A�erson b�vocal apQeal requests an immediate donation of monev or other item� _
� from another person; or
L2,� Aperson verbaliv offers or activeiv nrovides an item or service of little or no
monetarv value to another m exchanQe for a donation, under cucumstances where
a reasonabie person would understand that the transaction is in substance a
donation.
However, solicitation shall not include the act of passively standine, sitting�or
en�agin¢ in a performance of art with a sign or other indication that a donation is
(c� Prohibitions.
� It shall be unla in �
erson bein solici i
a. In a restroom.
b. At a bus stop ox
c. At a crosswalk.
d. In an�public tr;
e. In a vehicle whi
ramro,
f. In a sidewalk cafe or restaurant.
g 1n a lxne wainx
establishment.
h. Within twentv
or entrance to ;
business.
i. In a park.
j, Within ten (10
1. Within ten (101 feet in any direction of a liquor store.
m. Within ten (10) fzet in any direction of a
�. n , In a public or nn 'vate proroertv where there is a posted
S1gri•
s
� It shall be unlawful in a un blic place to en�age in an act of solicitation in a manner
that incorporates any of the followine methods:
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a. Intenfionallv touchin2 or causine phvsical contact with the solicited erson
without that person's consent.
b. Intentionallv blockine the path of the solicited person, or the entrance to
anv building or vehicle.
c. Followine behind. ahead or alon side a person who walks awav from the
solicitar after bein¢ solicited. with the intent to intimidate or continue
solicitation.
Engaging in offensive, obscene, abusive, or profane conduct or in
offensive. obscene or abusive languaee having reasonable grounds to
know that it will, or will tend to cause a reasonable roerson to be fearfui or
e. �
1.
2.
f. So
� So
� Penalties. Each �
violation of this s�
�e,2 Severance. If an�
validi_tv of an�remainingportions of this law.
Section 2. This ardinance shall take effect and be in force thirty (3�days following its passage,
approval and publication. �
y 1 �3 IIQn � n � 9 eas a s sen Requested by Department oE: O\Q ' a—
Adopted by
Adoption G
By:
Appioved by Mayor:
By:
. nate
Council Secretary
By:
Form Approved by City At o ey
By: ,/
Appioved by Mayor for ubmissio to Council
By:
Council File # �— Z��
Ordinance #
Green Sheet ��� (
Presented By
Referred To
ORDINANCE
CITY OF SAINT PAUL, MINNESOTA
Committee Date :
CURRENT ST. PAUL
Sec. 282.01.
No person shall, upon the
money or engage in street
Sec. 282.02. Begging, house to
ORDINANCE
places.
streets, lanes, alley ways or any other public place, beg
No person sha11 go from house to house
Sec. 282.03. Accosting strangers.
No person sha11 accost strangers or stop and
begging.
alms in the City of St. Paul.
PROPOSED NEW ST. PAUL "AGGRESSIVE SOLICITA'
Sec. 282.01 Aggressive solicitation.
upon the streets of said city by
C�]���►C�1
(a) Policy. As an aid in the interpretation and enforcement of this sec n the city council
finds that:
(1) Aggressive solicitation is disturbing and disruptive to residents d businesses
and contributes to the loss of access to and enjoyment of public p ces and to a
sense of fear, intimidation and disorder.
(2) Aggressive solicitation may include approaching or following pedestri
repetitive soliciting despite refusals, the use of abusive or profane lan ge to
cause fear and intimidation, unwanted physical contact, or the intentional b cking
of pedestrian and vehiculaz traffic.
(3) The presence of individuals who solicit money from persons in places that e
confined, difficuit to avoid, or where a person might find it necessary to wait, i
especially troublesome because of the enhanced feaz of crime.
(4) This section is intended to protect citizens from the feaz and intimidation
accompanying certain kinds of solicitation, and not to limit constitutionally
1
protected activity.
vto-Z.�►
(b) Definition. "Solicitation," as used in ttus section, means any request made in person where:
(1) A person by vocal appeal requests an immediate donation of money or other item
from another person; or
(2) A person verbally offers or actively provides an item or service of little or no
monetary value to another in exchange for a donation, under cucumstances where
a reasonable person would understand that the transaction is in substance a
donation.
However, solicita#ion shall not include the act of passively standing, sitting, or
gaging in a performance of art with a sign or other indication that a donation is
be sought, without any vocal request other than in response to an inquiry by
"Public place" sh ean any public place as defined by Minn. Stat. §§ 144.413, Subd. 2 and
609.321, Subd. 12 ( ended, 2005 c 136 art 17 s 19-23).
(c) Prohibitions.
(1) It shali be unla ' a public place to engage in an act of solicitafion when the
person being solicite present at any of the following locations:
a. In or around a res m.
b. In or at a bus stop or elter or light rail stop or shelter.
c. In or at a crosswalk.
d. In or at any public transp tion vehicle or public transportation facility.
e. At or azound a vehicle whic 's parked or stopped on a public street, a11ey or
off-ramp.
f. In or at a sidewalk cafe or resta t.
g. In a line waiting to be admitted to commercial or governmental
establishment.
h. Within twenty (20) feet in any direcri from an automafic teller machine
or entrance to a bank, other financial inst tion, or check cashing
business.
i. In or at a park, playground or recreation cente ontrolled by the city.
j. Within ten (10) feet in any direction of a gas sta n and/or filling station.
k. Within ten (10) feet in any direction of a liquor sto .
1. In or on a public or private property where there is a ted "no solicitafion"
sign.
(2) It shall be unlawful in a public place to engage in an act of solicitatl�n in a manner
that incorporates any of the following methods: �
a. Intentionally touching or causing physical contact with the solicite erson
without that person's consent.
b. Intentionally blocking the path of the solicited person, or the entran to
any building or vehicle.
c. Following behind, ahead or alongside a person who walks away from th
solicitor after being solicited, with the intent to intimidate or continue
solicitation.
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(d)
d. Engaging in offensive, obscene, abusive, or profane conduct or in offensive, � Z J
obscene or abusive language having reasonable grounds to know that it will,
or will tend to cause a reasonable person to be fearful or feel compelled.
e. Approaching the solicited person in a manner that:
1. Is intended to or is likely to cause a reasonable person to feaz
imminent bodily hazm or the commission of a criminal act upon
properiy in the person's possession; or
2. Is intended to or is likely to intimidate a reasonable person into
responding affirmatively to the solicitation.
£ Solicitation while under the influence or alcohol or drugs.
g. Solicitation in a group of two (2) or more persons.
Penalties. Each act of solicitation prohibited by this section shall constitute a sepazate
violation of 's section. Each violafion sha11 be punishable as a misdemeanor.
(e) Severance. If section, sentence, clause, or phrase of this law is held invalid or
unconstitutional b y court of competent .jurisdiction, it shall in no way affect the
validity of any remai g portions of this law. (Code 1960, As Amend., §, 870A20; 2004-
or-os� § § i, i;.� �s-_ s)
Cross references: License for solici g, Ch. 282.
State law references: Begging declare agrancy, M.S. §609.725 (Repealed, 2005 c 136 art 17 s 19-
23).
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Dep tment of:
St. aul police artmen
ay:
F r Approved by City A�to
By:
Appro ed Ma x f u
ey:
Council
l
\
Adopted by Council: Date