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ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 1 and 2, ORDINANCE 24-2019 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONTGOMERY, ALABAMA, that Sections | and 2 of Ordinance 24-2019 be amended as follows: SECTION 1. DEFINITIONS For the purposes of this article, the following words shall have the following meanings: (1) “City” refers to the City of Montgomery, Alabama, a municipal corporation formed under the laws of the State of Alabama ighway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ala. Code § 32-1-1.1(24)) (3) “Pedestrian” means a person on foot, in a wheelchair, on a bicycle, or on any other mode of non-motorized transportation, except that, for purposes of this section, “pedestrian” shall not include a peace officer acting within his or her official capacity. (4) “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. (Ala, Code § 32-1-1.1(57)). (5) “Street” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Ala. Code § 32-1-1.1(74)). SECTION 2. PEDESTRIAN & MOTORIST SAFETY (1) It shall be unlawful for a person: a, While a pedestrian, whether on public or private property, to accept, take, or otherwise obtain possession of any physical object from a person within a motor vehicle while that motor vehicle is on a highway, roadway, street, or on publicly owned property used as an entrance or exit to a highway, roadway, or street; b. While an occupant in a motor vehicle on a highway, roadway, street, or on publicly owned property used as an entrance or exit to a highway, roadway, or street, to give, hand over, or relinquish any physical object to a pedestrian, whether the pedestrian is, on public or private property ¢. To sit, stand, or linger in or on any unpaved median, or any median of less than 36 inches for any period of time. ADOP’ this the day of .2019. TODD STRANGE, MAYOR ATTEST BRENDA GALE BLALOCK, CITY CLERK ORDINANCE NO. 24-2019 AN ORDINANCE PROHIBITING PANHANDLING IN THE CITY OF MONTGOMERY WHEREAS, Ala. Code § 11-45-1 (1975) authorizes municipalities to adopt ordinances that provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and convenience of its inhabitants and further authorizes the municipality to “enforce obedience to such ordinances:”; and WHEREAS, the City of Montgomery, Alabama, (“City”) seeks to provide for the safety and improve the order, comfort, and convenience of its citizens; and NOW THEREFORE, in accordance with the authority cited above granted to the City of Montgomery, Alabama, the following is adopted: SECT E IN. For the purposes of this article, the following words shall have the following meanings: (1) City refers to the City of Montgomery, Alabama, a municipal corporation formed under the laws of the state of Alabama. (2) Panhandling means any solicitation made in person upon any street, sidewalk, public way, public transportation or public place, or upon the premises of any business establishment or other private property in the City that is routinely or customarily frequented by the general public, requesting an immediate donation of money or other thing of value for oneself or another person or entity. SECTION 2. PANHANDI Pi i (1) Itshall be unlawful for any person to engage in panhandling. (2) A person is not considered to be panhandling if they receive written permission from a ‘business or land owner to solicit donations while on that businesses" or land owner's property. SECTION 3. PENALTIES. Penalties. The penalties for violating this Ordinance shall be as follows: First offense. Fine and minimum of two days imprisonment in the city jail, with consideration of a suspending sentence. Second offense. Fine and minimum of two days imprisonment in the city jail, without consideration of suspending the sentence | Third offense. Fine and minimum of five days imprisonment in the city jail, without consideration of suspending the sentencs Fourth conviction. Fine and minimum of seven days imprisonment in the city jail, without consideration of suspending the sentence Fifth or subsequent conviction. Fine and minimum of seven days plus two additional days for each additional subsequent conviction imprisonment in the city jail, without consideration of suspending the sentence. SECTION 4. ENACTMENT. This Ordinance shall be in full force and effect following, passage, adoption, and publication as required by law. ADOPTED this the_Q* day of. ¢ 2 oF +2019. APPROVED: TODD STRANGE MAYOR . ATTEST: Do vs ange : 3 k fe + y S A : S f b 24-2019