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Council considers panhandling ordinance language and asks staff to develop giving alternatives
Summary
Council Member Jim O'Hara introduced a dual approach to panhandling: strengthen enforcement of existing municipal and penal code when behavior is aggressive or unsafe, and develop a city-endorsed alternative donation channel that directs resident contributions to partner agencies.
Council Member Jim O'Hara on Wednesday introduced a council-initiated item asking city attorney, development services, the sheriff and other departments to examine a focused ordinance addressing panhandling and to return with options that include a city-endorsed way for residents to donate to service providers rather than giving cash to people on the street.
O'Hara framed the item as two-pronged: he asked the council to ensure the sheriff has appropriate enforcement tools (including the city's non-charitable solicitation municipal code) while also developing a humane, accountable donation alternative so residents who want to help can direct funds to partner organizations rather than handing cash to individuals. He said the goal is to reduce the harms that can accompany aggressive or street-based solicitation while connecting people to services.
Public comment split the room. Supporters told personal recovery stories and urged stronger enforcement of panhandling and public-safety rules; other speakers and a public defender warned that criminalizing solicitation risks constitutional challenges, worsens marginalization, and simply displaces panhandling rather than addressing root causes. One speaker urged the council to consider the established "homeless court" and citation-forgiveness programs that can reduce barriers for people seeking employment or reunification with family.
Staff and the sheriffs office: Captain Watts (San Diego County Sheriff's Department) explained the department is using the municipal non-charitable solicitation code proactively and prefers to use California Penal Code 647(c) only in overtly aggressive situations; staff advised callers to report urgent aggressive incidents to 911 and nonemergency issues via the nonemergency line or the My Encinitas app so the sheriff can respond with documented enforcement actions. City Manager and staff said they could research a giving-campaign model and confirmed examples exist in other jurisdictions.
Council action and next steps: Council Member O'Hara moved a direction that encouraged the sheriff to continue enforcement using both the municipal solicitation code and Penal Code 647(c) when appropriate, and asked staff to return with options for an easy, city-promoted donation alternative (for example, QR-linked giving to vetted partner agencies), working with business and community partners. The motion was seconded; staff said they would bring back research and possible program designs for council consideration.
Why it matters: The item touches on public safety, civil liberties and homelessness policy. Council members emphasized both public-safety enforcement (particularly for panhandlers in traffic medians and those who impede movement) and the need for service-oriented solutions that reduce recidivism and connect people to treatment or housing.
Ending: Staff will report back with potential partner organizations, proposed mechanics (web/QR code, My Encinitas app integration or city donation portal), and proposed language and enforcement parameters for any new ordinance or program.
