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Council hears first reading of panhandling, solicitation ordinance; state preemption questions raised
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Summary
Arlene presented a four-page draft ordinance defining aggressive panhandling, identifying sensitive zones and proposing fines up to $250 per day. Council approved sponsoring the first reading and asked staff to refine language to ensure compliance with state law.
Leitchfield — Councilmember Arlene presented a first reading summary of a proposed ordinance that would regulate panhandling, begging, charitable and political solicitation within city limits. The draft includes definitions of "aggressive" solicitation (behavior that would cause a reasonable person to fear bodily harm, approach with obscene language, or touch without consent), and designates areas with heightened personal security or privacy — such as ATM machines, school buildings and 20-foot buffers near building entrances — where certain solicitation would be prohibited.
Arlene said the ordinance preserves First Amendment-protected speech by distinguishing passive solicitation from aggressive conduct and noted penalties for violations would be fines not to exceed $250 per day for each separate offense. She told the council this was a first reading and that the ordinance would be fully read and brought back for a formal vote at the next meeting.
A council member asked whether recent state legislative action or an unsigned bill could lead to state-level challenges; Arlene and other speakers said state law would supersede a local ordinance and that the council can amend local language to comply with state statute if needed. The council voted to sponsor the first reading and will consider a full reading and possible adoption at a future meeting.
