§ 50-8.5. Prohibitions in certain areas.

(a)

Purpose. The purpose of this section is to regulate and punish acts of aggressive panhandling or solicitation and acts of panhandling or solicitation that occur at locations or under circumstances specified herein. The purpose of this section is not to punish the status or condition of any person. Regulation is required because aggressive panhandling anywhere in the city contributes to the loss of access to and enjoyment of public places and creates a sense of fear, intimidation and disorder. Regulation is further required because panhandling in certain areas threatens the economic vitality of those areas, impairing the city's long term goals of attracting citizens, businesses and tourist to these certain areas and, consequently, the city overall. The city has substantial interests in the protection of public safety, the use of public transportation, the safe and unobstructed flow of traffic on its public streets, the preservation of the safe use of public areas, protecting the aesthetics of historic areas within the city, protecting the city's investment in certain areas, protecting tourism and protecting the city's economy. The regulations in this section further these substantial interests. This section is not intended to proscribe any demand for payment for services rendered or goods delivered. Nor is this section intended to prohibit acts authorized as an exercise of a person's constitutional right to legally picket, protest or speak.

(b)

Definitions.

(1)

18th & Vine district area means the area shown on Exhibit A attached to Ord. No. 070180 and generally described as the area between 17th Terrace (John Buck O'Neil Way) on the north, Woodland on the east, 19th Street on the south, and The Paseo on the west.

(2)

Aggressive manner means:

a.

Threatening approaches. Approaching the person being solicited in a manner that:

1.

Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or

2.

Is intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.

b.

Following. By following behind, ahead or alongside a person who walks or drives away from the person soliciting or who gives notice or demonstrates verbally or physically that such solicitation is offensive, unwelcome or that the solicitation should cease.

c.

Physical contact. Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm's length of the person, except with the persons consent.

d.

Continuing to solicit. Continuing to solicit a person after the person has made a negative response.

e.

Verbal threats. Intentionally or recklessly using words:

1.

Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the persons possession; or

2.

Words likely to intimidate the person into responding affirmatively to the solicitation.

f.

Blocking sidewalks or streets. Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation.

(3)

Automated teller machine is a device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to: Account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.

(4)

Automated teller machine facility is the area comprised of one or more automatic teller machines, and any adjacent space, which is made available to banking customers.

(5)

Central business district area means the area shown on exhibit B attached to Ord. No. 070180 and commonly known as the central business district of Kansas City Missouri,

(6)

Country Club plaza area means the area shown on exhibit C attached to Ord. No. 070180 and generally described as the area between 46th Terrace on the north, J.C. Nichols Parkway on the east, Ward Parkway on the south and Jefferson on the east, shall be known as the Country Club plaza area. The Country Club plaza area includes the public areas on both sides of the named boundaries.

(7)

Intimidate means to engage in conduct which would make a reasonable person feel threatened or fearful of harm to the person's personal safety or property.

(8)

Panhandling means any verbal or non-verbal solicitation made in person upon any public street, sidewalk, alley, park or other public place, in which a person requests an immediate donation of any item of value, monetary or otherwise, from another person, and includes but is not limited to seeking donations of any item of value, monetary or otherwise:

a.

By a spoken, written or printed appeal or for music, singing, or other street performance; and,

b.

Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.

(9)

Passive manner means standing, sitting or performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person.

(10)

Public area is an area open to use by the general public, including, but not limited to, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, and the doorways and entrances to buildings and dwellings, and the grounds enclosing them.

(11)

Public safety officer means any uniformed law enforcement officer or firefighter.

(12)

To panhandle means to engage in any act of panhandling.

(13)

To solicit includes, without limitation, the spoken, written or printed word or such other acts or bodily gestures as are conducted in furtherance of the purposes of soliciting or asking for any item of value, monetary or otherwise.

(14)

Westport shopping district area means the area shown on Exhibit D attached hereto and generally described as the area between 39 ^th Street on the north, Main Street on the east, 43rd Street on the South and Southwest Trafficway on the West, shall be known as the Westport Shopping District Area. The Westport Shopping District Area includes the public areas on both sides of the named boundaries.

(15)

Zona Rosa shopping district area means the area shown on exhibit E attached hereto and generally described as the area between Missouri Highway 152 on the north, Interstate 29 on the east, to Barry Road, to Northwest Prairie View Road, to Northwest 86th Terrace and to North Congress Avenue on the west, shall be known as the Zona Rosa shopping district area. The Zona Rosa shopping district area includes the public areas on both sides of the named boundaries.

(c)

Prohibitions.

(1)

Aggressive panhandling. It shall be unlawful for any person to panhandle, or to solicit the sale of goods or services, in an aggressive manner in a public area.

(2)

Automated teller machine. It shall be unlawful to panhandle, or to solicit the sale of goods or services, within 20 feet, in any direction, of an automated teller machine or automated teller machine facility, or within 20 feet, in any direction, from any entrance or exit to a building containing an automated teller machine or automated teller machine facility.

(3)

Motor vehicles and streets. Except as otherwise provided in this section, it shall be unlawful to engage in any act of panhandling or any solicitation of the sale of goods or services, at any time of any day:

a.

In exchange for cleaning motor vehicle windows while the vehicle is in traffic on or entering any street, a street intersection, alley or other public passageway; and/or,

b.

In exchange for protecting, watching, washing, cleaning, repairing, or painting a motor vehicle or bicycle while it is parked on a public street.

c.

Within five feet of a curb or edge or a street.

d.

Involving any operator or occupant of a motor vehicle that is in traffic on or entering any street, street intersection, alley or other public passageway; or involving any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying or reserving a public parking space, or directing the operator or occupant to a public parking space unless issued a permit and pursuant to the following restrictions:

1.

Persons and organizations may engage in public solicitations, including the use of sound amplification devices, if the person or organization meets all of the following conditions:

A.

The person or organization applies for and is granted a permit from the city to conduct its solicitation activities based upon the requirements of this section;

B.

Solicitations may only be conducted at intersections controlled by electronic signal lights or by stop signs;

C.

No person or organization may conduct its solicitation activities for a period of more than six calendar days and on no more than two occasions in any calendar year;

D.

The person or organization must provide insurance and/or agree to indemnify the city in the amount of at least $1,000,000.00 for any liability arising out of the fund raising activities;

E.

Appropriate signage visible to passing motorists announcing the solicitation area must be visible from a distance of at least 300 feet from the solicitation site, and if such solicitation occurs after the hour of 5:00 pm. additional adequate lighting must be provided such that the solicitation site is visible to passing motorists from a distance of at least 300 feet;

F.

All individuals participating in such solicitation activities must be at least 18 years of age; and

G.

The person or organization engaged in the solicitation must arrange to have a uniformed public safety officer at each solicitation site.

(4)

Panhandling in certain areas. Within the 18th & Vine district area, central business district area, Country Club plaza area, Westport shopping district area, or Zona Rosa shopping district area, it shall be unlawful to panhandle. Notwithstanding the foregoing, it shall not be unlawful to panhandle in a passive manner, unless such passive panhandling or passive solicitation is conducted within 20 feet, in any direction, from any entrance or exit to any:

a.

Office or office building;

b.

Commercial establishment engaged in the sale of goods or services;

c.

Bank, credit union or other financial institution;

d.

Single- or multi-family residence or residential complex; or

e.

Within 20 feet of any outdoor dining area, outdoor restaurant, or outdoor cafe.

(5)

Private property. It shall be unlawful to panhandle, or to solicit the sale of goods or services on private property if the owner, tenant or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property.

(6)

Public transportation. It shall be unlawful to panhandle, or to solicit the sale of goods or services in any public transportation vehicle or from an area marked and designated as a place to wait for a bus, train, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.

(7)

Sound amplification devices. Except as otherwise provided in this section, no person shall use any gas powered device, or any device using batteries larger than 12 volts, for the purpose amplifying speech or sound, or facilitating the amplification of speech or sound, in or upon any public area within the 18th & Vine district area, central business district area, Country Club plaza area, Westport shopping district area, or Zona Rosa shopping district area. Community events, when authorized by the appropriate governmental entity, shall be exempt from the provisions of this section.

(8)

Walk-up or drive-up teller window. It shall be unlawful to panhandle, or to solicit the sale of goods or services, if the person making the solicitation knows or reasonably should know that the solicitation is occurring within 20 feet in any direction from a walk-up or drive-up teller window located on the exterior of the building of a financial institution which is made available to its banking customers.

(9)

Panhandling in groups. It shall be unlawful to panhandle in groups of more than three persons.

(d)

Measurement. For purposes of subsections (c)(2), (c)(4) and (c)(8) hereof, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point at which an unlawful act is conducted to the nearest portion of any doorway, entrance, outdoor dining area, outdoor restaurant, outdoor cafe, automatic teller machine or automatic teller facility.

(Ord. No. 070180, § 1, 3-29-07)