ADDENDUMITEM# 6

KEY FOCUSAREA: Vibrancy

Economic

AGENDADATE: 8,2010
December

couNcrLDrsTRlcT($): Atl

DEPARTMENT: MayorandCityCouncil

CMO: N/A

MAP$CO: N/A

SUBJECT

An ordinanceamendingChapter31 of the DallasCity Code to: (1) defineterms;(2|

establish the Central Business District solicitation-free zone, the Deep Ellum
zone,the Uptownsolicitation-free
solicitation-free zone, and the Victorysolicitation-free
zone;{3} ban outdoorsolicitationsin zones,with certaindefenses;and
solicitation-free
{4} providea penaltynot to exceed$500- Financing:No costconsideration to the City

BACKGROUND

The proposedordinancewould amend Section31-35 of Chapter31, "Offenses-

Miscellaneous," of the DallasCity Code to ban outdoorsolicitationsin designated
zones.
solicitation-free The designatedsolicitation-free zones would be in the Central
BusinessDistrict,Deep Ellum, Uptown, and Victory, which are high tourist, high
pedestriantraffic areas of the city. The purpose of the ban is to encouragetourism,
pedestrian traffic,economicdevelopment, and residential development in thoseareas.
The ordinance would providea defense to prosecution if the was
solicitation conducted
on propertywith the advanced written permission of the owner, manager, or other
personin controlof the propertyAn offenseunderthe ordinance would be punishable
by a fineof up to $500.

{Council.Boards.Commissionsl
PRIORAGTION/F,EVIEW
17,2010.
Councilwas briefedin ClosedSessionon November

FISCALINFORMATION

to the CitY
No cost consideration
 I r /1s l l 0

ORDINANCE NO.

An ordinanceamendingSection31-35of CHAPTER31" "OFFENSES- MISCELLANEOUS,"

of the Dallas City Co'de,as amended;defining terms, establishingthe CentralBusinessDistrict

solicitation-freezone,the Deep Ellum solicitation-freezone,the Uptown solicitation-freezone,

and the Victory solicitation-freezone; banning outdoor solicitationsin solicitation-freezones,

with certain defenses,providing a penalty not to exceed$500; providing a saving clause;

providing a severabilityclause;andproviding an effectivedate.

WHEREAS, the city council finds that solicitationsconductedin outdoor areasof high

totnist/high pedestrianareasof the city createa safety hazardand an increasedpotential for

criminal activity against persons using businesses,stores, restaurants,clubs, thealers,

performancehalls, exhibit halls, museums,parking lots, and other venuesand facilities in those

areas, since those persons often have their attention distracted from their surroundings,

therebymakingthem morevulnerableto
sometimeswith cashconspicuouslyin their possession,

andintimidatedby solicitors;and

WHEREAS, solicitationsconductedin outdoorareasof high tourist/trighpedestrianareas

discouragepe6ons from coming to the areas,thereby hindering the city's goal of promoting

tourism, pedestriantraffic, economicdevelopment,and residentialdevelopmentin theseareas:

and

WHEREAS, the city council finds that the Central BusinessDistrict, Deep Ellum,

Uptown, and Victory areasof the city are high tourist/high pedestrianareasand should be

declared as solicitation-free zones to encourage tourism, pedestrian traffic, economic

development,and residentialdevelopmentin those areasand to otherwisefurther the public

health,safety,andwelfare;Now, Therefore,

BE IT ORDAINED BY THE CITY COLINCIL OF T}IE CITY OF DALLAS:

SECTION 1. That Section 3l-35, "solicitation by Coercion; Solicitation Near

DesignatedLocations and Facilities; Solicitation after Sunset," of Article I, "General"' of

..OFFENSES- MISCELLANEOUS,"of the Dallas city code, as amended,is
CHAPTER31,

amendedto readas follows:

..s8c.31-35. SOLICITATION BY COERCION; SOLICITATION NEAR

DESIGNATED LOCATIONS AND FACILITIES; SOLICITATION
AFTER SUNSETi SOLICITATION.Frc .

(a) In this section:

(1) AUTOMATED TELLER MACHINE means a machine, other than a

telephone:

(A) that is capableof being operatedby a customer of a financial

institution;

(B) by which the customer may communicate to the financial

institution a requestto'withdraw a benefit for the customeror for anotherpersondirectly from
the customer's account or f,rom the customer's account under a line of credit previously
authorizedby the financialinstitutionfor the customer;and

(C) the use of which may or may not involve personnelof a financial
institution

Freewayon the west.

Q) COERCIONmeans:

(A) to approachor speakto a personin sucha manneraswould causea

reasonablepersonto believethat the personis beingtfueatenedwith:

(i) imminentbodily injury; or

7-

(ii) the commissionof a criminal act uponthe personor another

person,or upon properfyin the person'simmediatepossession;

(B) to persist in a solicitation after the person solicited has given a

negativeresponse,

(C) to block" either individually or as part of a group of persons,the

ofa solicitedperson;or
passage

(D) to engage in conduct that would reasonablybe construed as

intendedto compelor force a solicitedpersonto accedeto demands.

by andincludingthe following streetsor portionsof streets:

STREET. EXTENT

Good-LatimerExpressway Elm Streetto CantonStreet

CantonStreet Good-LatimerExpresswayto Hall Street
Hall Street CantonStreetto Elm Street
Elm Street Hall Streetto Good-LatimerExpresswav

{5) t(al EXTERIOR PUBLIC PAY TELEPHONE means any coin or

credit cardreadertelephonethat is:

(A) installedor locatedanyrvhereon a premisesexceptexclusivelyin

the interior of a building locatedon the premises;and

(B) accessibleandavailablefor useby membersof the generalpublic.

51 t19l FIXED FOOD ESTABLISHMENT meansa food establishment,

as definedin Section17-1.5of this code,that is operatedfrom a fixed facility.

{A 11s;l PUBLIC TRANSPORTATION STOP means an area officially

marked and designatedas a place to wait for a bus, a light rail vehicle, or any other public
transportationvehiclethat is operatedon a scheduledroute with passengers paying fareson an
individualbasis.

(!) I(6)l SELF-SERVICECAR WASH meansa structure:

(A) at which a vehicle may be manually washed by its owler or

operatorwith equipmentthat is activatedby the depositof money in a coin-operatedmachine,
and

(B) that is accessibleand availablefor use by membersof the general

public.
 {D t{Al SELF-SERVICEFUEL PUMP meansafuel pump:

(A) from which a vehiclemay be manuallyfilled with gasolineor other

its
fuel directly by owner or without the aid of an employeeor attendantof the premises
operator,
at which the fuel pumpis located;and

(B) that is accessibleand availablefor use by membersof the general

public.

Ggl t€+l SOLICITATION means to ask, beg, solicit, or plead, whether

orally or in a written or printedmanner,for the purposeof receivingcontributions,alms,charity,
or gifts of items of valuefor oneselfor anotherperson.

11-Dt{D] STINRISEmeansthe time of day publishedon the weatherpageof

theDallas Morning Newsasthe time for sunriseon a particularday in the city.

Ga t€4il SI-INSETmeansthe time of day publishedon the weatherpageof

theDatlasMorning Newsasthe time for sunseton a particularday in the city.

(r) UpTOWN SOTICITATION-FREEZONE meansthe areaboundedby and

includingthe following streetsor oortionsof streets:

STREET EXTENT

cedar sprinss Road Akard sfieet to McKinnon street

McKinnon Street
Katv Trail
CambrickStreet
CentralExpressway
Woodall RogersFreeway
, cedar SuringsRoadto the Katv Trail
McKinnon Streetto cambrick street
Katv Trail to CentralExpressway
CambrickStreetto Woodall RosersFreewav
CentralExpresswalrto Akald Street

(14) VICTORY SOLICITATION-FREE ZONE meansthe area boqndedbv

and includingthe follawing streetsor portionsof streets:

STREET EXTENT

Haffy Hines Boulevard DallasNorth Tollway to N. Field street

N. Field street Harry Hines Boulevardto caroline street
Car.olineStreet N. Field Streetto Woodall RogeISFreewal/
Woodall RogersFreeway CarolineStreetto StemmonsFreelva)'
StemmonsFreewav Woodall RoeersFreewavto the DallasNorth
Tollway
DallasNorth Tollwav StemrnonsFreewavto Harw Hines Boulevard
 (b) A personcommitsan offenseif he conductsa solicitationby coercion.

(c) A personcommits an offenseif he conductsa solicitationin any outdoorareain

the city at any time betweensunsetand sunriseon any day of the week. It is a defenseto
prosecutionunderthis subsectionif the solicitation:

(1) consistedexclusivelyofpassive,nonverbalacts;or

@ was being conductedon propertywith the advancewritten permissionof

the owner,manager,or otherpersonin confiol of the properfy^

(d) zo
Solicitation-free

(l) A personcommits an offenseif he conductsa solicitation at any time in

zones:
anv outdoorarealocatedwithin anlsof the following solicitatlion-free

(A) CenfialBusinessDistrict solicitation-freezone.

(B) DeepEllurn solicitation-freezone.

(C) Uptownsolicitation-freezone.

(D) Victorysolicitation-freezone,

(2) It is a defenseto prosecutionunderthis subsectionif the solicitationwas

being conductedon oropeqv with the advancewritten permissionof the owner. manager.or
otherpersonin control of the nronertv.

(9) A personcommitsan offenseif he conductsa solicitationto any personplacingor

preparingto placemoneyin a parkingmeter.

O ;{eil A personcommitsan offenseif he conductsany solicitationwithin 25 feet

of:

(1) an automatedteller machine;

(2) an entranceor exit of a bank, credit union, or other similar financial

institution;

(3) an exteriorpublicpaytelephone;

(4) a self-servicecar wash;

(5) a self-servicefuel pumP;

 (6) a public transportationstop;or

(7) an outdoordining areaof a fixed food establishment.

1g1t(fl For purposesof Subsection(fl [(e)], measurementwill be made in a

straightline, without regardto interveningstructuresor objects,from the nearestpoint at which a
solicitationis beingconductedto whicheveris applicableof the following:

(1) the nearestentranceor exit of a facility in which an automatedteller

machineis enclosedor, if the machineis not enclosedin a facility, to the nearestpart of the
automatedteller machine,

(2\ the nearestentranceor exit of a bank, credit union, or other similar

financialinstitution;

(3) the nearestpart of an exteriorpublic pay telephone;

(4) the nearestpart of the structureof a self-servicecar wash;

(5) the nearestpart of a self-servicefuel pump;

(6) the nearestpoint of any sign or marking designatingan areaas a public

transportationstop;or

(7) the nearestpart of any table in an outdoor dining areaor, if the outdoor
dining areais containedwithin an enclosure,the nearestpart of that enclosure.

&)re)] In additionto any enforcementaction by a peaceofficer for a violation of

this section,any personwho is a victim ofa solicitationprohibitedunderSubsection(b), (c), (d),
(fl. may file a
[orl (e), or (fl. or who witnessesa violation of Subsection(c), (d), [e+] (e), or
complaintwith the city attomey.Evidenceto supporta convictionfor a violation of this section
may include, but is not limited to, testimonyof witresses,videotapeevidenceof the violation,
and otheradmissibleevidence.

(i) An offenseunderthis sectionis punishablebv a fine not to exceed$500."

SECTION 2. That CHAPTER 31 of the Dallas City Code,as amended,will remainin

full force andeffect,saveandexceptas amendedby this ordinance.

SECTION 3. That the terms and provisions of this ordinmtceare severableand are

govemedby Section1-4 of CHAPTER I of the DallasCity Code,asamended.

 SECTION 4. That this ordinance will take effect on January L ZAl1, and it is

accordinglyso ordained.

APPROVEDAS TO FORM:

THOMAS P. PERKINS,JR.,City Attomey

By
AssistantCity Attomey

Passed

LCtDCC/OA494A