File #: 17-0088    Version: 1 Name: Panhandling
Type: Ordinance-Coded Status: Passed
File created: 2/23/2017 In control: City Council Legislative Session
On agenda: 3/8/2017 Final action: 3/8/2017
Title: Ordinance to Amend and Reenact Chapter 24 of the City Code of the City of Hampton, Virginia Entitled “Offenses Miscellaneous” by Repealing Section 24-50, to conform with federal case law
Indexes: , , City Attorney's Office
Code sections: Chapter 24 - Offenses Miscellaneous
Attachments: 1. REDLINE - Chapter 24 Aggressive Panhandling.pdf
Related files: 17-0051, 17-0289

Title

Ordinance to Amend and Reenact Chapter 24 of the City Code of the City of Hampton, Virginia Entitled “Offenses Miscellaneous” by Repealing Section 24-50, to conform with federal case law

 

Purpose

PURPOSE/BACKGROUND:

Reed v. Town of Gilbert, 135 S.Ct. 2218, (2015), changed the face of First Amendment law, by expanding the circumstances when a law or regulation is considered to be “content-based,” and subject to strict scrutiny by the courts.  Since that ruling, many solicitation and panhandling ordinances, including aggressive solicitation and panhandling ordinances, have been struck down by the federal courts.  As a result, the City Attorney’s Office recommends the repeal of the City’s aggressive solicitation ordinance.

 

Impact:

Hampton Police Officers will no longer be able to enforce the aggressive solicitation ordinance.

 

 

Recommendation:

Rec

Approve Ordinance.

 

Body

BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 24-50 of Chapter 24 of the City Code of the City of Hampton, Virginia be repealed.

 

Chapter 24 - OFFENSES MISCELLANEOUS

 

Article 1. - IN GENERAL

 

. . . .

 

Sec. 24-50. - Reserved.

 

. . . .