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Resolved by the Commission of the City of Battle Creek:
That Ordinance No. 10-2016, which was introduced on August 16, 2016, entitled:
The City of Battle Creek has constitutionally recognized authority and interests in avoiding compromises of public safety; preventing crime; protecting the City’s retail trade; maintaining property values; protecting and preserving quality of the City’s neighborhoods, commercial districts and urban life; preserving safety and general esthetics; relieving congestion on sidewalks; and removing obstructions impeding public access to public spaces.
The City held two public workshops on July 19 and 26, 2016 in which it invited and heard extended public comment on this ordinance, which proposes to prohibit certain forms of solicitation-of-alms in places that present special safety and security issues and in ways that are particularly hostile or aggressive.
During that comment period, citizens and public safety officials provided testimony, facts, and crime statistics discussing the harmful impact of such aggressive and inappropriate solicitations upon the health, safety, welfare, and protected interests of the residents, community, and City; discussing the inability to remedy those harms effectively through existing or alternative ordinances; discussing the role of alms-giving in preventing certain persons from obtaining more necessary, readily available mental-health and substance-abuse treatment services; discussing the need to implement this proposed, limited measure to protect the City’s efforts and substantial investment in maintaining healthy neighborhoods and business conditions, which help to support the economic ability to fund additional services for all persons, including those who are struggling financially; and discussing the need to remedy particularly troublesome areas of inappropriate contact around public spaces and on private property.
This ordinance, #10-2016, which was introduced on August 16, 2016 is the narrowest measure that, in the judgment of the Commission of the City of Battle Creek, can remedy the identified harms under all the circumstances that the City, the community, and its residents face.
A Resolution amending Chapter 618 Disorderly Conduct by adding Section 33, Aggravated Solicitation of Alms, Gifts or Loans.
Section 1. An ordinance to amend Chapter 618 Disorderly Conduct, by adding Section 33, Aggravated Solicitation of Alms, Gifts or Loans, as is attached and made a part hereof.
Section 2. Should any section, clause or phrase of this Ordinance be declared to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid.
Section 3. All ordinances or parts of ordinances, in conflict with any of the provisions of this Ordinance, are hereby repealed, saving any prosecution, criminal or administrative appeal pending on, or violation cited on or before the effective date of this ordinance, which shall remain subject to the ordinance provision existing at the time of the alleged violation.
Section 4. This Ordinance shall take effect ten (10) days from the date of its adoption, in accordance with the provisions of Section 4.3(B) of Chapter 4 of the City Charter.
be adopted, with scrivener's errors corrected.
I, Victoria Houser, City Clerk of the City of Battle Creek, hereby certify the above and foregoing is a true and correct copy of a Resolution adopted by the Battle Creek City Commission at a Regular meeting held on September 6, 2016.
Victoria Houser
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