The proposed pan handling ordinance .. pan handling madness

 

April 6, 2022 Dear Colleagues: Over the past year, there has been a dramatic increase in incidents of aggressive and unsafe solicitation that create public safety hazards, especially the aggressive solicitation of cars in traffic on major roadways throughout Framingham. Unlike other jurisdictions, Framingham does not have a policy covering such matters. This proposal adopts best practices from other jurisdictions to provide the Police Department with an effective tool by giving it the power to fine and arrest in circumstances where aggressive solicitation is involved. The draft ordinance would target behavior where an individual is in fear of their person or property and where the solicitation involves intimidation and contact. In addition to defining aggressive solicitation and prohibiting solicitation in certain areas, it would allow for the collection of data and analysis of results in order to enhance street outreach and services including, emergency shelter, housing, employment and health services. Enabling the city to better collaborate with non-profit partners to reach out to panhandlers in order to link them with needed services and will also provide educational outreach to the public regarding options to properly make donations. The attached proposes to regulate the manner and place of solicitation to enhance public safety by prohibiting aggressive solicitation and solicitation in certain areas that create public safety hazards. This proposal does not seek to criminalize panhandling, but provides a balance between the protected right of solicitors to ask for assistance with the public right to peacefully travel in public areas. The draft ordinance would prohibit solicitation in an aggressive manner in public places and prohibits all solicitation when the person being solicited is in the following places: bus/rail shelter or bus/rail stop; parking garage or parking lot; sidewalk café; a line waiting to be admitted into a commercial establishment; or, in a crosswalk. Also, solicitation is prohibited within ten feet (10) of an ATM machine or facility, and an entrance or exit to a bank or check cashing business during hours of operation. It would also prohibit solicitation on streets and highways including medians and exit ramps. As always, I look forward to our discussion on this matter. Respectfully proposed, Councilors Michael Cannon, George P. King, and John A. Stefanini

Framingham Council An Ordinance Regulating the Manner and Place of Solicitation Be it ordained by the Framingham Council, as follows: Section 1. Article V of the Framingham Ordinance are amended by adding at the end thereof the following new section:

Section 35. The manner and Place of Solicitation

35.1 Definitions. For purposes of this section:

35.1.1 Aggressive manner means: 1. Approaching the person being solicited in a manner that is: a. 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 b. Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation. 2 Conduct during soliciting that includes: a. 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 person's consent; or b. Using violent or threatening gestures or profane, offensive or abusive language; or c. Intentionally or recklessly blocking or interfering with the safe or free passage of a pedestrian or vehicle. 3. Closely following or continuing to solicit a person who has been solicited and who has informed the solicitor by words or conduct that such person declines the solicitor's request.

35.1.2 Automated teller machine means 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.

35.1.3 Automated teller machine facility means the area comprised of one (1) or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

35.1.4 Bank means any association or corporation chartered by the Commonwealth under M.G.L. c. 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the Commonwealth subject to the supervision of the Commissioner of Banks.

35.1.5 Bus shelter means a covered structure at a bus/rail stop providing protection against the weather for people waiting for a bus or train.

35.1.6 Bus/rail stop means a place on a bus or rail route, usually marked by a sign, at which buses or trains stop for passengers to alight and board.

35.1.7 Check cashing business means a location that houses a person or entity engaged in cashing checks, drafts or money orders for a consideration licensed under M.G.L. c. 169A.

35.1.8 Parking lot means a cleared area dedicated and intended for parking vehicles.

35.1.9 Parking garage means a building designed specifically to be for automobile parking.

35.1.10 Public place means any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the City which is generally accessible by the public, including but not limited to any City street, sidewalk, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage, and the doorways and entrances to buildings and dwellings.

35.1.11 Sidewalk café means that portion of the public right-of-way kept, used, maintained, and held out to the public as a place where food or drink are served for consumption on the premises, or which is used directly in conjunction with a pedestrian pick-up window.

35.1.12 Solicit means to request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the item requested. The solicitation may be, without limitation, by the spoken, written, or printed word, bodily gestures, signs, performing or offering to perform any service or by other means of communication.

35.2 No person shall solicit in an aggressive manner in a public place.

35.3 No person shall solicit when the person being solicited is:

35.3.1 In a bus/rail shelter or at a bus/rail stop; or

35.3.2 In a parking garage or parking lot; or 35.3.3 In a sidewalk cafe; or

35.3.4 In a line and waiting to be admitted into a commercial establishment;

or 35.3.5 In a crosswalk.

35.4 No person shall solicit within ten (10) feet of:

35.4.1An automated teller machine or an entrance or exit of an automated teller machine facility during the time it is available for customers' use; or

35.4.2 An entrance or exit to a bank or check cashing business during business hours.

35.5 No person shall solicit while walking on, standing on or going into any street or highway used for motor vehicle travel, or any area appurtenant thereto (including medians, shoulder areas, bicycle lanes, turning lanes, ramps and exit ramps).

35.6 Enforcement. The provisions of this section may be enforced by the Framingham Police Department. 35.7 Penalties.

35.7.1 Any person who violates any subsection of this section 35 shall be punished by a fine of not more than one hundred dollars ($100.00) or by a judicial order of community service in lieu of a fine or some combination thereof.

35.7.2 Any person who continues to violate any subsection of this subsection 35 after being ordered to stop by a member of the Police Department may be arrested and kept in custody in accordance with M.G.L. c. 272 s. 59. Section 2. Severability. If any provision in this ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.