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Home My WebLink About20043021 ,5a TO: Bill Wagner, Weld County Sheriff's Office FROM: Bruce T. Barker, Weld County Attorney ' DATE: June 24, 2004 C, RE: Your Comments on Proposed Panhandling Ordinance COLORADO Thank you for your comments regarding the proposed Code ordinance to include prohibitions against panhandling. Attached is a copy of the proposed Code provisions with some of your suggested changes. The changes are shown either as stricken or highlighted in yellow. I did not expand the definition of"median," as you suggested. The reason is that the current definition already allows for the median to be located anywhere within the"street, road or highway." Your suggested"100 feet from the centerline in any direction"could put a median onto private property. It could also create confusion when the centerline of the"street, road or highway' is a median. I added"sidewalk"to the definition of"street,road or highway,"by including it in the definition rather than keeping it as an exception. I also added"sidewalk"to Section 17-5-40 2., as an area where the person cannot panhandle. There is no need to create an exception for a vendor soliciting on private property with the consent of the owner,because soliciting on private property is not prohibited. Thanks again for the comments. Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions or further comments. I plan to begin the amendment cess for the Code so as to include these new sections within the next fe eks. .� B e T. Barker Weld County Attorney Attachment pc: Sheriff John Cooke Glenn Vaad /Craiol Harding seez/-snow ARTICLE VI Prohibition of Solicitations In or Near a Publicly Maintained Streets,Roads or Highways Sec. 17-5-10. Purpose and Intent. The purpose and intent of this Article is to prevent dangers to persons and property, to prevent delays, and to avoid interference with traffic flow caused by persons soliciting employment,business, contributions,or sales of any kind, or collecting monies for the same, in or near a publicly maintained street,road or highway. Sec. 17-5-20. Application,jurisdiction,procedure. This Article shall apply to and be enforceable on all publicly maintained streets,roads or highways in unincorporated Weld County,including,but not limited to,public rights-of-way owned and maintained by Weld County or the State of Colorado Department of Transportation. It shall be the duty of the Sheriff to enforce the regulations contained herein. The County Court shall have jurisdiction in prosecutions of violations of the regulations contained herein. Simplified County Court procedures, as set forth in Section 16-2-101,et seq.,C.R.S.,shall be applicable to prosecutions of violations of the regulations contained herein. Any summons and complaint brought in the County Court for violation of any of the regulations contained herein shall be filed in the name of the County of Weld, by and on behalf of the People of the State of Colorado,with all process issued from the County Court likewise denominated. The County Attorney shall be empowered to enforce the regulations contained herein and to appear and prosecute for the County of Weld by and in the name of the People of the State of Colorado, in any proceeding in the County Court involving a violation of the regulations contained herein. Sec. 17-5-30. Definitions. Unless specifically stated otherwise,the following words have the following definitions in this Article: Median means the area of a street,road or highway, generally in the middle, which separates traffic traveling in one direction from the traffic traveling in another direction, or which, at intersections, separate traffic turning left from traffic proceeding straight. Such area is physically defined by curbing, landscaping, or other physical obstacles, to the area's use by motor vehicles, or by traffic control markings which prohibit use of a portion of the pavement of a street,road or highway by motor vehicles other than to drive generally perpendicularly across the markings or to wait there awaiting the opportunity to cross or merge with opposing lanes of traffic (also known as painted medians, which are wider than a double yellow line);or the area of a street,road or highway and aright turn only lane,roughly triangular in shape,and separated from the motor vehicular traffic lanes by curbing,landscaping,or other physical obstacles to the area's use by motor vehicles (also known as a right turn island). Street, road or highway means the entire width between the boundary lines of every way publicly maintained when any part thereon is open to the use of the public for purposes of vehicular travel,or the entire width of every way declared to be to be a public street,road or highway by any law of the State of Colorado, LA,-,,pt fu1 including, but not limited to, the area intended for pedestrian travel, such as a sidewalk. Traveled portion means that portion of the publicly maintained street,road or highway normally used by moving motor vehicle traffic. Sec. 17-5-40. Prohibited acts generally. It shall be unlawful for any person to solicit employment,business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any motor vehicle traveling upon any publicly maintained street,road or highway,when the person performing the activity: 1. Enters onto the traveled portion of a publicly maintained street,road or highway; or 2. Is located upon any median or area of the street, road or highway intended for pedestrian travel, such as a sidewalk; or 3. Is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. Sec. 17-5-50. Violation; penalties. A. Any violation of this Article is a Class 2 petty offense punishable,upon conviction,by a mandatory fine of not less than twenty-five dollars($25.00)nor more than fifty dollars($50.00)upon a first conviction, by a mandatory fine of not less than fifty dollars($50.00)nor more than one hundred dollars($100.00)upon a second conviction,and by a mandatory fine of not less than one hundred dollars($100.00)nor more than three hundred dollars ($300.00)upon a third or subsequent conviction. B. It is at the discretion of the Court,upon the conviction of any person and the imposition of fine under this Section, to suspend any or all of the fine in excess of the mandatory minimum fine upon the condition that the convicted person perform community service work at a time and in a manner prescribed by and at a place within the jurisdiction of the Court,for not less than eight(8)hours upon a first conviction or for not less than sixteen(16)hours upon a second or subsequent conviction. l Sheriff Jofcn 0. Cools IAN c�.siy June 22, 2004 To: Bruce Barker From: Dep. B. Wagner Ref.: Panhandling Ordinance Bruce, Headquarters Ref. this ordinance, I have given copies to 3 supervisors as well as every 1950"O"Street officer who is currently assigned to the South West Weld Service Center. I have Greeley,CO 80631 Pk (970)356-4015 asked for comments and suggestions on any additions which they felt would be Fax(970)304-6467 beneficial to curtail the panhandling problem. I asked them to also submit any ideas they could think of in regards to future development and growth which may impact this ordinance. The ordinance as it stands looks great, however here are some concerns, suggestions and thoughts which may be beneficial if they were included. Fort Lupton Substation 330 Park Avenue Ft.Lupton, CO 80621 Sec. 17-5-30. Definitions. Ph. (303)857-2465 We feel the definition of Median should include 100 feel from the centerline Fax(303)857-3027 in any- direction, of all publicly maintained streets, roads, or highways in unincorporated Weld County, unless the provision under Sec. 17-5-20, which states this article shall apply to and be enforceable on all publicly maintained streets, roads Southwest Complex or highways in unincorporated Weld County, including, but not limited to, public 4209WCR24'A rights-of-way owned and maintained by Weld County or the State of Colorado Longmont CO 80504 Department of Transportation shall apply. The concern here is that the current Ph. (720)652-4215 Fax(720)652-4217 wording will not cover the exact spot where the majority of the panhandling is taking place. A 100 foot distance from the centerline clause would solve this concern on all unincorporated streets or highways. North Jail Complex Under the definition of street, road or highway, would panhandling be legal 2110"O" Street Greeley, CO 80631 on the sidewalk which runs along the south side of Hwy 119 under the overpass? The Ph. (970)356-4015 100 foot clause would cover this issue as well. Ext. 3922 Fax(970)304-6461 Another concern is the legitimate soliciting of contributions from such organizations such as fire departments soliciting for Muscular Dystrophy. We believe it should be covered under the ordinance so as not to make this an illegal activity, if this would be legally possible. "... to provide an We also feel it should be covered in the ordinance that the owner or manager environment of any privately owned property, such as the Shell Station, should have the right to designed to give a vendor consent to solicit on that property, when the customer can safely pull off the traveled portion of any roadway, so as not to present a danger, delay, or maintain and enhance the interference with traffic flow, to safely conduct the transaction. This would not be all inclusive to just the Shell Station but would apply to the other businesses in the area general health, as well. welfare, and safety of the people of We also feel that along with the concern outlined in the above paragraph, that Weld County. " the burden of proof be placed on the defendant at the time of trial that he did in fact have the landowners permission to solicit on that property. The intent of this subsection is to prevent panhandlers from making solicitations from privately owned property, when the property owner can not be immediately contacted for verification, thus preventing law enforcement from taking action to resolve the act which the ordinance seeks to address. These are the only suggestions and concerns which were voiced to me in the past couple weeks. If you could let me know when this actually goes before the board, I would appreciate it. If it's a public meeting I would like to attend. Thanks, Bill Wagner gO tit 0 ttk I!. ' i it i* n ! 1 J J I ' Ch aIOA �{, N . k GT cz 3 �N �CO m O try } 0 l 1'+ • ' ' . I Si a I 'ij gg D CO OtAtt ti,"' �• ?I �� Cit ti } IP 1 hest ' 0 = µ Ij (ty ' $ t r O 1 1. 3 kit.,. . '"� It J"r't; f .: .- (9 4. lyt hj E ' Z T t ►- O4. 1c, Hello