HomeMy WebLinkAbout09-1424 City Code Revision of Disorderly Conduct Regarding BeggingCITY OF MERIDL~N ORDINANCE NO. ~ -r ' ~ 7~
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 2 OF THE
MERIDIAN CITY CODE, REGARDING DISORDERLY CONDUCT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Idaho Supreme Court has held that criminalizing spoken words,
including profane, abusive, and obscene speech is an unconstitutional abridgement of free speech
(State v. Poe, 139 Idaho 885 (2004));
WHEREAS, though an outright prohibition of begging may be unconstitutional,
the regulation of begging is constitutionally permissible, so long as such regulation is narrowly
tailored and serves a significant government interest (e.g., GYesham v. PeteYSOn, 225 F.3d 899
(7th Cir. 2000)), and the relevant provision set forth herein is narrowly tailored in that it limits
the prohibition of begging to times and places where citizens would feel most vulnerable and
insecure in their surroundings, and serves the City's significant interest in protecting citizens
from aggressive or threatening behavior in vulnerable situations or locations;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 6, Chapter 3, of the Meridian City Code is amended to read as
follows:
6-3-2: DISORDERLY CONDUCT:
A. Qualifying Behavior: It shall be a violation of this section for anv~y person to ~~
conduct himself or herself +*n inscTCCs in a violent, noisy, or riotous manner,
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which commits a breach of the peace of another person(s), and/or to ~ conduct
himself or herself in a manner that endangers the health and safety of another
persons ,
and a violation of this section shall also include, but shall not be
limited to, the following:
1. Accosting other persons ~~• „••'~'~^ „'°^° ^r ~^ ° •~ ~'°^° ^~°~• ~° +''° „••'~'~^
within twen -five (25~feet of a bank, automatic teller machine, or bill payment drop-
box, for the purpose of begging or soliciting alms_~
2. Occupying, lodging or sleeping in any building, structure or place, whether public
or private, or any automobile, truck, railroad car or other similar vehicles or equipment
without the permission of the owner or person entitled to the possession or in control
thereof_-er
DISORDERLY CONDUCT ORDINANCE AMENDMENT PAGE 1 OF 3
3. Using any motor vehicle, motor home, travel trailer, as a residence upon any
public street (highway) and/or alley way or upon any other premises under the ownership
and/or control of a government subdivision of the state.
4. Loitering, prowling or wandering upon the private property of another, without
lawful business, permission or invitation by the owner or the lawful occupants thereof.;
er
5. Loitering or remaining in or about school grounds or buildings, without having
any reason or relationship involving custody of or responsibility for a pupil or student,
school authorized functions, activities or use.
6. Wilfully fleeing or attempting to elude a peace officer after being lawfully
ordered to stop by an identified peace officer.
B. Misdemeanor: Any person violating this section shall be guilty of a misdemeanor.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with
this ordinance are hereby voided. /
PASSED by the City Council of the City of Meridian, Idaho, this f / day of
2009. ~~
APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of
2009.
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DISORDERLY CONDUCT ORDINANCE AMENDMENT PAGE 2 OF 3