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Resident raises panhandling concerns; committee agrees to research enforcement of Chapter 11, §104
Summary
A resident asked the committee to review enforcement of Ordinance Chapter 11, Section 104 (prohibiting begging in public places). Committee members agreed to research constitutional and operational issues and to place the topic on an April agenda for full council discussion.
A resident asked the Finance Committee on Feb. 14 to review enforcement of a long-standing local ordinance that prohibits begging in public places, saying panhandling had become frequent at several downtown corners and near commercial properties.
Jared, who identified himself as a resident, cited "Ordinance Chapter 11, section 104" and asked the committee whether the city would enforce the ordinance. He said panhandling "doesn't look the best if we're trying to jazz up the city," and described a recent incident in which a person in a wheelchair positioned near moving equipment in a parking lot.
City Manager Charlie (as referenced) and Patrick, the city attorney, told the resident the city would review the ordinance and consult police. Patrick noted constitutional considerations and said the recent case law landscape affects enforcement options. Charlie invited the resident to email staff and said the police department should be called when safety or public-right-of-way issues arise.
What the committee asked staff to do Committee members asked staff to research the ordinance, constitutional limits and enforcement practices and to bring the matter to a future council meeting. The committee agreed to place the item on the April agenda for a full discussion so staff could bring legal analysis and recommended approaches.
Context and enforcement practice Patrick said officers currently "move them along" when residents report panhandling, which often results in individuals moving to sidewalks or other nearby locations. Committee members noted the ordinance dates to 1975 and has not been amended. Patrick said the U.S. Supreme Court jurisprudence and state precedent affect whether a municipality may prohibit solicitation in public spaces.
Ending Staff were asked to research constitutional questions and enforcement options and to prepare an April briefing for the council that would include police input and possible policy options.
