It is recommended that the City Council adopt the attached ordinance repealing Section 30-16, of the City Code entitled "Loitering for the Purpose of Begging" in its entirety and replacing Section 30-16 with regulations to address aggressive panhandling or solicitation in public places and prohibiting panhandling or soliciting on private property if indicated by the property owner.

While city staff recognizes a constitutional right to beg, panhandle or solicit in a peaceful and non-threatening manner, there has been an increase in aggressive begging, panhandling or soliciting throughout the City that has become disturbing and disruptive to residents and businesses and has contributed not only to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation, violent conduct and disorder.

Aggressive begging, panhandling or soliciting usually includes approaching or following pedestrians, repetitive begging, panhandling, or soliciting despite refusals, the use of abusive or profane language, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic.  The presence of persons who solicit money from other persons at or near outdoor cafes, automated teller machines, the entrances and exits of buildings and certain public events often carries with it an implicit threat to both persons and property.  This conduct constitutes a threat to the public health, welfare and safety of citizens.

Current city ordinances are insufficient to address aggressive panhandling to protect citizens from the fear and intimidation accompanying certain kinds of begging, panhandling or solicitation that have become an unwelcome, overwhelming and dangerous presence in certain parts of the City.  The proposed ordinance would restrict panhandling in areas where citizens are more likely to be vulnerable to harassment and intimidation and where incidences of panhandling have the greatest impact on the health and safety of persons.  Restricting panhandling in such places will provide a balance between the rights of panhandlers and the rights of persons who wish to decline or avoid the panhandling and will help avoid or diminish the threat of violence in such unwarranted and unavoidable confrontations and provide for the safety and security of the commuting public, tourists, and citizens wishing to use public places.

Adoption of the proposed attached ordinance is timely and appropriate and the regulations are narrowly tailored to serve a substantial governmental interest by restricting begging, panhandling and soliciting in certain public places while preserving ample alternative areas for the valid exercise of First Amendment constitutional rights.

This M&C does not request approval of a contract with a business entity.