In an effort to protect the well-being of residents and visitors and to provide substantive services to those in need, Mayor Shirley Franklin signed the commercial solicitation ordinance on August 19, 2005 which added a new chapter 43 to the Atlanta City Code.

Though the ordinance was effective immediately, there were a variety of partners who have been working together to arrange the necessary steps to implement and actively enforce the ordinance. The Atlanta Police Department is coordinating with the 24/7 Gateway Center and other social service agencies finalizing the plan along with Outreach Teams to ensure effective coordination of services to the homeless.

NOTE:  Officers should remember that when searching for a specific reference, the

   attached ordinance should be consulted.

A discussion of the philosophy or intent of this quality of life ordinance should be addressed prior to the elements of the prohibited acts. The first preamble of this ordinance states:

 “Whereas, the City of Atlanta wants to protect the well-being of its citizens,

 tourists and visitors and provide substantive outreach services to those in need.”

It has been determined that a significant number of the individuals that solicit within the City of Atlanta fall into the category of “homeless”, and a significant number of this group have mental illness and/or drug dependency issues.  It is primarily this population that Outreach Services (in lieu of incarceration) are intended to help.

The overall goal of any assistance or enforcement action is the enhancement of “quality of life” within the city.  Officers should remember that although this is a quality of life ordinance, it should not be the only emphasis as it relates to enforcement actions within the designated area.

This ordinance as it has been enacted is listed below:

An ordinance adding chapter 43 to the Atlanta City Code of Ordinances to place restrictions on commercial solicitation and provide outreach services to those in need; and for other purposes.

1.           Commercial Solicitation General

Section 42-36 – Required Permits

No person or organization shall solicit any funds from the general public in the city or on the public streets of the city for charitable, eleemosynary (alms), educational or fraternal purposes unless and until a permit for the solicitation shall have first been recommended by the license review board and approved by the mayor.

2.         Section 43-1 Commercial Solicitation.

A.          Definitions:

1.      “Commercial Solicitation” or “to commercially solicit” is any request made in person on a street, sidewalk, or public place, without a permit, asking for an item or service for any amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is a donation.  Commercial Solicitation shall not include passively standing or sitting with a sign or other indication that one is seeking donations without addressing the request to any specific person.

Note:  Commercial solicitation does not include verbally indicating that one is seeking donations, unless that verbal indication is directed at a particular person.  Officers should take care to observe a verbal indication of commercial solicitation directed toward a particular person before acting under this ordinance.  Passive indications, such as holding a sign, do not qualify as commercial solicitation under this ordinance.

2.      “Outreach Team Evaluator” shall mean an individual counselor or group of counselors authorized and designated by the Mayor to provide access to Community Outreach Services for individuals whit mental health diagnoses and/or drug and alcohol complications, or other medical or social services needs.  The Outreach Team Evaluator shall make recommendations that an individual receive Community Outreach Services, and may take reasonable steps toward directing the person to the appropriate community outreach program service provider, including but not limited to offering transportation to such provider.  An Outreach Team Evaluator shall not have the authority to compel an individual to receive Community Outreach Services.

3.   "Community Outreach Services" means a public or private services provider that offers residential and/pr rehabilitative medical or social services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless assistance services for individuals in need thereof. The Mayor shall determine what service providers constitute an eligible Community Outreach Service provider for purposes of this Section.

     4.    "Evaluation" means the written assessment of an individual's mental health, the presence of drug and alcohol complications, or other medical or social service needs by visual analysis and/or by verbal communication with the individual. Evaluation may be performed by either an Outreach Team Evaluator or a law enforcement officer. An evaluation shall not serve to compel an individual to receive Community Outreach Services nor shall an evaluation serve to increase the penalty assessed as provided for in Sec. 43-6

5.   The "Tourist Triangle" means the area defined by the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets:

Martin Luther King Jr. Drive SW from Courtland Street SE to Peachtree Street SW; Peachtree Street SW from Martin Luther King Jr. Drive SE to Alabama Street SW; Alabama Street SW from Peachtree Street SW to Forsyth Street SW; Forsyth Street SW from Alabama Street SW to Marietta Street NW; Marietta Street NW from Forsyth SW to Jones Avenue NW (Ivan Alien Boulevard NW); Jones Avenue NW (Ivan Alien Boulevard NW) from Marietta Street NW to Alexander Street NW; Alexander Street NW from Jones Avenue NW to Ralph McGill Boulevard NE; Ralph McGill Boulevard NE to Peachtree Street NE; Peachtree Street ME from Ralph McGill Boulevard NE to Peachtree Center Avenue NE; Peachtree Center Avenue NE from Peachtree Street NE to Baker Street ME; Baker Street NE from Peachtree Center Avenue NE to Piedmont Avenue NE; Piedmont Avenue NE from Baker Street NE to Edgewood Avenue SE; Edgewood Avenue SE from Piedmont Avenue NE to Courtland Street SE; Courtland Street SE from Edgewood Avenue SE to Martin Luther King Jr: Drive SW.

6.  The "King Center Tourist Area" means the area defined by the boundaries of the following named streets, including both sides of each named street and each comer of intersecting named streets: Irwin Street, NE from Jackson Street, NE to Boulevard NE; Boulevard NE from Irwin Street, NE to Auburn Avenue, NE; Auburn Avenue, NE from Boulevard NE 10 Jackson Street, NE; Jackson Street, NE from Auburn Avenue, NE to Irwin Street, NE.

B.          Commercial Solicitation In Certain Areas.  It shall be unlawful for any

person to commercially solicit when the person solicited is in any of the following places within the City of Atlanta, unless otherwise provided for in Sec. 43-2(1)(c):

1.      On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property;

2.      Within 15 feet of the entrance to or exit from any public toilet facility, which includes an temporary use site (port-a-toilet);

3.      Within 15 feet of an automatic teller machine (ATM), provided that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility;

4.      Within 15 feet of any parking lot pay box;

5.      Within 15 feet of any pat telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility;

6.      In any public transportation vehicle, or in any bus or subway station, or within 15 feet of any bus stop or taxi stand;

7.      From any operator of a motor vehicle that is in traffic on a public street; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle;

8.      In a parking lot or garage owned or operated by the City of Atlanta, including entryways or exits and pay stations connected therewith;

9.      Within 15 feet of any valid vendor location, as defined in the Atlanta City Code, chapter 30, article XXIII, division 1, section 30-1401 and article XXIV division 1, section 30-1461.

10. Within the “Tourist Triangle” area as defined in Sec. 43-1(1)(f).

11. Within the “King Center Tourist Area” as defined in section 43-1(1)(f).

Note:    Officers should exercise particular care when determining the proximity of an act of commercial solicitation to the locations identified in the ordinance, including automatic teller machines (ATM’s), parking lot pay box, and vendor locations.  The primary purpose of this part of the ordinance is to protect citizens at a time when they may be particularly vulnerable or fearful because they are transacting business and may have their wallets or purses exposed.

C.    Nighttime Commercial Solicitation.  It shall be unlawful for any person to commercially solicit after sunset and before sunrise.

Note:  As official sunset changes depending on the day and month of the year, officers should exercise judgement when making cases based on nighttime solicitation. 

D.    Aggressive Solicitation.  It shall be unlawful for any person to commercially solicit in any of the following manners:

1.      By blocking the path of the person solicited; or

2.      By following or walking alongside the person solicited; or

3.      By using profane or abusive language, either during the solicitation or following refusal; or

4.      By accosting or forcing oneself upon the company of another as is defined in Section 106-81; or

5.      By any statement, gesture, or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat.

E.     False or Misleading Solicitation.  It shall be unlawful for any person to knowingly make any false or misleading representation in the course of soliciting a donation.  False or misleading representation include, but are not limited to, the following:

1.      Stating that the solicitor is from out of town and stranded when such is not true;

2.      Stating or suggesting falsely that the solicitor is either a present or former member of the armed service indicated;

3.      Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated; or

4.      Use of any makeup or device to simulate a deformity; or

5.      Stating that the solicitor is homeless, when he or she is not.

Note:  General enforcement within the “Tourist Triangle”, and the “King Center” should be limited to officer contact, investigation, and documentation through an FIF unless the provisions above apply that warrant a physical arrest. 

Any encounter based on the provisions of this ordinance that does not result in a physical arrest should be documented on a Field Interview Form (FIF) documenting all pertinent violator information for use in subsequent contacts.

B.                Summary

Officers are reminded that the primary intent of this ordinance as stated is the protection and well-being of citizens, tourists and visitors and provide substantive outreach services to those in need.

·        A significant number of individuals that solicit within the City of Atlanta fall into the category of “homeless” and a significant number within this group have mental illness and/or drug dependency issues.  It is this population that diversion to outreach programs is designed to help in lieu of incarceration.

·        When a physical arrest is not made, any contact with a violator should be documented on the department’s APD Form – 601 Field Interview Form.

·        The focus of enforcement efforts should be directed toward those individuals that violate the provisions of 43-1(b) when citizens and visitors are most vulnerable to solicitation.  Nighttime solicitation, aggressive solicitation and false or misleading solicitation as listed above.

Note:   Physical arrests in connection with a violation of this ordinance should only be made in the event of a concurrent violation of another ordinance that provides for physical arrest, such as a concurrent violation of the disorderly conduct ordinance:

Disorderly Conduct: 106-81(13) – Accosting and forcing oneself upon the company of another.

Note:  In the above instance, the primary charge would be 106-81 and 43-1 (commercial solicitation) would be the secondary charge.

Questions concerning any issues related to this ordinance should first be brought to the attention of your immediate supervisor, then to the academy staff at (404) 209-5250 for resolution.