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AN ORDINANCE REPEALING AND RE-ENACTING SECTION 12-5005 OF THE COMMERCE CITY REVISED MUNICIPAL CODE REGARDING PROHIBITED SOLICITATIONS
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Summary and Background Information: Commerce City currently prohibits forms of “panhandling” and solicitations on interstate highways pursuant to Section 12-5005 of the Commerce City Revised Municipal Code. Panhandling is defined by the code as “to knowingly approach, accost or stop another person in a public place and solicit that person, whether by spoken words, bodily gestures, written signs or other means, for a gift of money or thing of value.” In light of the rulings of the United States District Court for the District of Colorado in Brown v. City of Grand Junction, 136 F. Supp. 3d 1276 (D. Colo. 2015) and the United States Supreme Court in Reed v. Town of Gilbert, Ariz., 135 S.Ct. 2218 (2015), proposed Ordinance 2184 repeals portions of Section 12-5005.
Potentially harmful acts remain prohibited under the Commerce City Revised Municipal Code and state law without reference to speech protected under the First Amendment. Among the prohibitions that remain are: menacing (CCRMC 12-4000); assault (CCRMC 12-4001; CRS §§ 18-3-202 - 18-3-204); reckless endangerment (CCRMC 12-40002); harassment (CCRMC 12-4003); disorderly conduct (CCRMC 12-5000; CRS § 18-9-106); obstruction of public ways (CCRMC 12-6001; CRS § 18-9-107).
Section 12-5005’s prohibition of solicitations at properties with posted “No Trespassing” or “No Solicitation” signs will remain in effect.
Action Options:
1) Move to introduce Ordinance 2184 on first reading.
2) Move to amend Ordinance 2184.
3) Move to postpone Ordinance 2184 to a future Council meeting.
4) Move to postpone Ordinance 2184 indefinitely.
Staff Responsible (Department Head): Robert Sheesley, City Attorney
Staff Member Presenting: Robert Sheesley, City Attorney
Financial Impact: n/a
Funding Source: n/a
Staff Recommendation: Staff recommends approval of the ordinance.