MATTERS HELD
26. ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to encampments in public places; declaring certain conduct to be unlawful and providing penalties therefor; containing findings and other provisions relating to the foregoing subject; providing for severability This item should only be considered after passage of Items 19-25 above DELAYED BY MOTION #2017-171, 3/29/17 This was Item 6 on Agenda of March 29, 2017
19. MOTION by Council Member Stardig to amend Item 26 below to amend Section 21-61 of the Code of Ordinances to add the following: (d) any item that cannot be easily transported by an individual alone DELAYED BY MOTION #2017-171, 3/29/17
20. MOTION by Council Member Stardig to amend Item 26 below to add the following to Section 21-61 of the Code of Ordinances: Police Officer means an officer of the Houston Police Department, or a peace officer as ascribed in section 1701.001 (4) of the Texas Occupations Code. DELAYED BY MOTION #2017-171, 3/29/17
21. MOTION by Council Member Gallegos to amend Item 26 below to add the following to definitions in Section 21-61 of the Code of Ordinances: Doorway means an opening into a building designed for persons to walk through that normally contains a door and which may or may not abut a stoop, porch, canopy, vestibule. or stairway Encampment means any one or more of the following: (a) The unpermitted use of fabric, metal, cardboard, or other materials as a tent or other temporary · structure for living accommodation purposes or for human habitation; or (b) The unpermitted use of a heating device; or (c) The unpermitted accumulation of personal property that would not fit in a container three feet high, three feet wide, and three feet deep. Public place means an outdoor area owned, managed, or controlled by the city to which the public has access, including public rights-of-way, parks, streets, sidewalks, hike and bike trails. transit facilities. underpasses, and parking lots. DELAYED BY MOTION #2017-171, 3/29/17
22. MOTION by Council Member Gallegos to amend Item 26 below to add the following to Section 21-62 of the Code of Ordinances: (a) Encampment in a public place. or doorway of a residential or commercial building in the city is unlawful DELAYED BY MOTION #2017-171, 3/29/17
23. MOTION by Council Member Laster to amend Item 26 below to amend Article III, Section 21-61 of the Code of Ordinances: ARTICLE Ill. ENCAMPMENTS Sec. 21-61. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section, unless the context of their usage clearly indicates ·another meaning: Encampment means the use of fabric, metal, cardboard, or other materials as (i) a tent or other temporary structure for human habitation: or (ii) as a device, mechanism, or foundation upon which a human may lie, recline, sit, knee, or stand DELAYED BY MOTION #2017-171, 3/29/17
24. MOTION by Council Member Laster to amend Item 26 below to amend Article III, Section 21-61 of the Code of Ordinances: Encampment means any one or more of the following: (a) The unpermitted use of fabric, metal, cardboard, or other materials as; (i) a tent or other temporary structure for human habitation; or (ii) as a device, mechanism, or foundation -upon which a human may lie, recline, sit, kneel, or stand; (b) The unpermitted use of a heating device; or, (c) The unpermitted accumulation of personal property that would not fit in a container three feet high, three feet wide, and three feet deep DELAYED BY MOTION #2017-171, 3/29/17
25. MOTION by Council Member Knox to amend Item 26 below to insert the following under Section 21-62 of the Code of Ordinances and create Subsection (c):
2012 2013 2014 2015 2016 2017 (Jan-Feb) 433 546 488 783 1548 0
(c) All for-profit commercial activities under overpasses, excluding vehicular parking, not authorized and permitted by the City of Houston as of March 29, 2017 shall be prohibited. Enforcement of this section shall be applied under Section 21-63 DELAYED BY MOTION #2017-171, 3/29/17
27. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: Sec. 28-46. Aggressive panhandling; impeding the use of a roadway or sidewalk DELAYED BY MOTION #2017-172, 3/29/17
28. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: Police Officer means an officer of the Houston Police Department, or a peace officer as ascribed in section 1701.001 (4) of the Texas Occupations Code. DELAYED BY MOTION #2017-172, 3/29/17
29. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 (a) of the Code of Ordinances to add the following: Sidewalk means that portion of a public street which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for, or is ordinarily used for, pedestrian travel DELAYED BY MOTION #2017-172, 3/29/17
30. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 (a) of the Code of Ordinances to add the following: Impede means to render use of a roadway or sidewalk unreasonably difficult or dangerous. DELAYED BY MOTION #2017-172, 3/29/17
31. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: (f) Notwithstanding the other provisions of this section, it shall be unlawful for a person to impede the use of a roadway or sidewalk. No police officer shall issue a citation, make an arrest or otherwise enforce a violation of impeding a roadway or sidewalk against any person unless the officer first request or orders the person to refrain from the alleged prohibited conduct and the person fails to comply DELAYED BY MOTION #2017-172, 3/29/17
32. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 of the Code of Ordinances: Sec. 28-46. Aggressive panhandling; impeding the use of a roadway sidewalk DELAYED BY MOTION #2017-172, 3/29/17
33. MOTION by Council Member Gallegos to amend Item 27 below to add the following to definitions in Section 28-46 of the Code of Ordinances: Doorway means an opening into a building designed for persons to walk through that normally contains a door and which may or may not abut a stoop, porch. canopy, vestibule. or stairway. Impede means to render the use of a roadway, or sidewalk unreasonably difficult or dangerous. Sidewalk means that portion of the public street which is between the curblines. or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. DELAYED BY MOTION #2017-172, 3/29/17
34. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 (d) and (e) of the Code of Ordinances: (d) Regardless of whether any request is made by the solicitee to the solicitor, no solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including, but not limited to, a sidewalk cafe. or a doorway of a residential or commercial building (e) For the purposes of subsection (d) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including but not limited to, a sidewalk cafe. or a doorway of a residential or commercial building DELAYED BY MOTION #2017-172, 3/29/17
35. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 (f) and (g) of the Code of Ordinances: (f) Notwithstanding the other provisions of this section, it shall be unlawful for a person to impede the use of a roadway.·or sidewalk. No police officer shall issue a citation, make an arrest or otherwise enforce a violation of impeding a roadway. or sidewalk against any person unless the officer first requests or orders the ·person to refrain from the alleged prohibited conduct and the person fails to comply. (g) It is a defense to prosecution under this section that the person impeding the roadway. or sidewalk is an employee or agent of the city engaged in the solicitation of funds on behalf of a nonprofit corporation, group, or organization pursuant to a class A certificate issued under Chapter 36, Article V. DELAYED BY MOTION #2017-172, 3/29/17
36. MOTION by Council Member Knox to amend Item 27 below to add the following to Section 28-46 (d) and (e) of the Code of Ordinances: (d) Regardless of whether any request is made by the solicitee to the solicitor, no solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, a_ standing vehicle in a moving inside lane of traffic. or outdoor dining establishment, including, but not limited to, a sidewalk café (e) For the purposes of subsection (d) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, a standing vehicle in a moving inside lane of traffic. or outdoor dining establishment, including but not limited to, a sidewalk café DELAYED BY MOTION #2017-172, 3/29/17
37. MOTION by Council Member Knox to amend Item 27 below to delete Section 28-46 (g) of the Code of Ordinances and re-letter any and all subsequent subsections DELAYED BY MOTION #2017-172, 3/29/17
38. MOTION by Council Member Knox to amend Item 27 below to repeal the City of Houston Class A permit under Section 26-72 of the City of Houston Code of Ordinances and all its rights and privileges pertaining to permitting the solicitation of funds that includes among its means and methods the solicitation of vehicles on public streets. DELAYED BY MOTION #2017-172, 3/29/17
39. ORDINANCE AMENDING SECTION 28-46 OF THE CODE OF ORDINANCES, CITY OF HOUSTON, relating to aggressive panhandling and impeding the use of a roadway; declaring certain conduct to be unlawful; containing findings and other provisions relating to the foregoing subject; providing for severability This item should only be considered after passage of Items 27-38 above DELAYED BY MOTION #2017-172, 3/29/17 This was Item 7 on Agenda of March 29, 2017
40. ORDINANCE approving and authorizing Purchase and Sale Agreement between the City of Houston, Texas, Seller, and SCRAP TRADING INTERNATIONAL, Purchaser, for the sale of 5.033 acres of land located at 800 Dorsett Street, being a part of the John Brown Survey, Abstract Number 8, Houston, Harris County, Texas, for $865,000.00; approving and authorizing a Special Warranty Deed - DISTRICT H - CISNEROS - TAGGED BY COUNCIL MEMBER KUBOSH This was Item 7 on Agenda of April 5, 2017
MATTERS HELD
26. ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to encampments in public places; declaring certain conduct to be unlawful and providing penalties therefor; containing findings and other provisions relating to the foregoing subject; providing for severability This item should only be considered after passage of Items 19-25 above DELAYED BY MOTION #2017-171, 3/29/17 This was Item 6 on Agenda of March 29, 2017
19. MOTION by Council Member Stardig to amend Item 26 below to amend Section 21-61 of the Code of Ordinances to add the following: (d) any item that cannot be easily transported by an individual alone DELAYED BY MOTION #2017-171, 3/29/17
20. MOTION by Council Member Stardig to amend Item 26 below to add the following to Section 21-61 of the Code of Ordinances: Police Officer means an officer of the Houston Police Department, or a peace officer as ascribed in section 1701.001 (4) of the Texas Occupations Code. DELAYED BY MOTION #2017-171, 3/29/17
21. MOTION by Council Member Gallegos to amend Item 26 below to add the following to definitions in Section 21-61 of the Code of Ordinances: Doorway means an opening into a building designed for persons to walk through that normally contains a door and which may or may not abut a stoop, porch, canopy, vestibule. or stairway Encampment means any one or more of the following: (a) The unpermitted use of fabric, metal, cardboard, or other materials as a tent or other temporary · structure for living accommodation purposes or for human habitation; or (b) The unpermitted use of a heating device; or (c) The unpermitted accumulation of personal property that would not fit in a container three feet high, three feet wide, and three feet deep. Public place means an outdoor area owned, managed, or controlled by the city to which the public has access, including public rights-of-way, parks, streets, sidewalks, hike and bike trails. transit facilities. underpasses, and parking lots. DELAYED BY MOTION #2017-171, 3/29/17
22. MOTION by Council Member Gallegos to amend Item 26 below to add the following to Section 21-62 of the Code of Ordinances: (a) Encampment in a public place. or doorway of a residential or commercial building in the city is unlawful DELAYED BY MOTION #2017-171, 3/29/17
23. MOTION by Council Member Laster to amend Item 26 below to amend Article III, Section 21-61 of the Code of Ordinances: ARTICLE Ill. ENCAMPMENTS Sec. 21-61. Definitions. As used in this article, the following words and terms shall have the meanings ascribed in this section, unless the context of their usage clearly indicates ·another meaning: Encampment means the use of fabric, metal, cardboard, or other materials as (i) a tent or other temporary structure for human habitation: or (ii) as a device, mechanism, or foundation upon which a human may lie, recline, sit, knee, or stand DELAYED BY MOTION #2017-171, 3/29/17
24. MOTION by Council Member Laster to amend Item 26 below to amend Article III, Section 21-61 of the Code of Ordinances: Encampment means any one or more of the following: (a) The unpermitted use of fabric, metal, cardboard, or other materials as; (i) a tent or other temporary structure for human habitation; or (ii) as a device, mechanism, or foundation -upon which a human may lie, recline, sit, kneel, or stand; (b) The unpermitted use of a heating device; or, (c) The unpermitted accumulation of personal property that would not fit in a container three feet high, three feet wide, and three feet deep DELAYED BY MOTION #2017-171, 3/29/17
25. MOTION by Council Member Knox to amend Item 26 below to insert the following under Section 21-62 of the Code of Ordinances and create Subsection (c):
2012 2013 2014 2015 2016 2017 (Jan-Feb) 433 546 488 783 1548 0
(c) All for-profit commercial activities under overpasses, excluding vehicular parking, not authorized and permitted by the City of Houston as of March 29, 2017 shall be prohibited. Enforcement of this section shall be applied under Section 21-63 DELAYED BY MOTION #2017-171, 3/29/17
27. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: Sec. 28-46. Aggressive panhandling; impeding the use of a roadway or sidewalk DELAYED BY MOTION #2017-172, 3/29/17
28. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: Police Officer means an officer of the Houston Police Department, or a peace officer as ascribed in section 1701.001 (4) of the Texas Occupations Code. DELAYED BY MOTION #2017-172, 3/29/17
29. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 (a) of the Code of Ordinances to add the following: Sidewalk means that portion of a public street which is between the curb lines, or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for, or is ordinarily used for, pedestrian travel DELAYED BY MOTION #2017-172, 3/29/17
30. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 (a) of the Code of Ordinances to add the following: Impede means to render use of a roadway or sidewalk unreasonably difficult or dangerous. DELAYED BY MOTION #2017-172, 3/29/17
31. MOTION by Council Member Stardig to amend Item 27 below to amend Section 28-46 of the Code of Ordinances to add the following: (f) Notwithstanding the other provisions of this section, it shall be unlawful for a person to impede the use of a roadway or sidewalk. No police officer shall issue a citation, make an arrest or otherwise enforce a violation of impeding a roadway or sidewalk against any person unless the officer first request or orders the person to refrain from the alleged prohibited conduct and the person fails to comply DELAYED BY MOTION #2017-172, 3/29/17
32. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 of the Code of Ordinances: Sec. 28-46. Aggressive panhandling; impeding the use of a roadway sidewalk DELAYED BY MOTION #2017-172, 3/29/17
33. MOTION by Council Member Gallegos to amend Item 27 below to add the following to definitions in Section 28-46 of the Code of Ordinances: Doorway means an opening into a building designed for persons to walk through that normally contains a door and which may or may not abut a stoop, porch. canopy, vestibule. or stairway. Impede means to render the use of a roadway, or sidewalk unreasonably difficult or dangerous. Sidewalk means that portion of the public street which is between the curblines. or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. DELAYED BY MOTION #2017-172, 3/29/17
34. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 (d) and (e) of the Code of Ordinances: (d) Regardless of whether any request is made by the solicitee to the solicitor, no solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including, but not limited to, a sidewalk cafe. or a doorway of a residential or commercial building (e) For the purposes of subsection (d) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, or outdoor dining establishment, including but not limited to, a sidewalk cafe. or a doorway of a residential or commercial building DELAYED BY MOTION #2017-172, 3/29/17
35. MOTION by Council Member Gallegos to amend Item 27 below to add the following to Section 28-46 (f) and (g) of the Code of Ordinances: (f) Notwithstanding the other provisions of this section, it shall be unlawful for a person to impede the use of a roadway.·or sidewalk. No police officer shall issue a citation, make an arrest or otherwise enforce a violation of impeding a roadway. or sidewalk against any person unless the officer first requests or orders the ·person to refrain from the alleged prohibited conduct and the person fails to comply. (g) It is a defense to prosecution under this section that the person impeding the roadway. or sidewalk is an employee or agent of the city engaged in the solicitation of funds on behalf of a nonprofit corporation, group, or organization pursuant to a class A certificate issued under Chapter 36, Article V. DELAYED BY MOTION #2017-172, 3/29/17
36. MOTION by Council Member Knox to amend Item 27 below to add the following to Section 28-46 (d) and (e) of the Code of Ordinances: (d) Regardless of whether any request is made by the solicitee to the solicitor, no solicitor shall engage in solicitation within a distance of eight feet from any ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, a_ standing vehicle in a moving inside lane of traffic. or outdoor dining establishment, including, but not limited to, a sidewalk café (e) For the purposes of subsection (d) of this section, distance shall be measured from any extension of the solicitor's body, including without limitation any sign or other object being used or carried by the solicitor, to any part of the physical structure of the ATM, pay telephone, parking meter, parking fee collection box, transit facility, fuel dispensing device, a standing vehicle in a moving inside lane of traffic. or outdoor dining establishment, including but not limited to, a sidewalk café DELAYED BY MOTION #2017-172, 3/29/17
37. MOTION by Council Member Knox to amend Item 27 below to delete Section 28-46 (g) of the Code of Ordinances and re-letter any and all subsequent subsections DELAYED BY MOTION #2017-172, 3/29/17
38. MOTION by Council Member Knox to amend Item 27 below to repeal the City of Houston Class A permit under Section 26-72 of the City of Houston Code of Ordinances and all its rights and privileges pertaining to permitting the solicitation of funds that includes among its means and methods the solicitation of vehicles on public streets. DELAYED BY MOTION #2017-172, 3/29/17
39. ORDINANCE AMENDING SECTION 28-46 OF THE CODE OF ORDINANCES, CITY OF HOUSTON, relating to aggressive panhandling and impeding the use of a roadway; declaring certain conduct to be unlawful; containing findings and other provisions relating to the foregoing subject; providing for severability This item should only be considered after passage of Items 27-38 above DELAYED BY MOTION #2017-172, 3/29/17 This was Item 7 on Agenda of March 29, 2017
40. ORDINANCE approving and authorizing Purchase and Sale Agreement between the City of Houston, Texas, Seller, and SCRAP TRADING INTERNATIONAL, Purchaser, for the sale of 5.033 acres of land located at 800 Dorsett Street, being a part of the John Brown Survey, Abstract Number 8, Houston, Harris County, Texas, for $865,000.00; approving and authorizing a Special Warranty Deed - DISTRICT H - CISNEROS - TAGGED BY COUNCIL MEMBER KUBOSH This was Item 7 on Agenda of April 5, 2017