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Santa Barbara Council Approves New Panhandling Ordinance
The Santa Barbara City Council on Tuesday approved a new panhandling ordinance that seeks to prohibit aggressive panhandling and serve offenders with a hefty fine or possible jail time.
Attorney Steve Wiley presented the council with the new ordinance, which comes with significant challenges because of the First Amendment and free-speech implications of panhandling.
As background, Wiley told the council that the city adopted an aggressive solicitation ordinance in 1992. The ordinance makes it unlawful for any person to “intentionally coerce, threaten, hound or intimidate another person” to solicit money in a public place. Such actions could include anything to cause a reasonable person to fear for his or her safety, or if the solicitor blocks the person’s path or persists in following the person while asking for money.
“In retrospect, I think that’s a little vague,” Wiley said, adding that only five citations had been issued in five years for that type of aggressive panhandling, a good indication that “the ordinance was not being effective.”
A subcommittee was formed to deal with homelessness and its relationship to the community and met on a regular basis to garner input from the public. One of the big issues brought up repeatedly was that of “aggressive panhandling,” he said.
The council endorsed a 12-point plan brought forth from that subcommittee in February. From February to June, Wiley worked with the Santa Barbara Police Department in conjunction with the ordinance committee to come up with language for the ordinance targeting the panhandling.
The ordinance approved Tuesday would prohibit abusive panhandling at any time, anywhere in the city. Wiley said that qualifies as someone blocking or impeding the movement of a person being pandhandled, following the person who has declined to make a donation, threatening by word or gesture, abusing with offensive language that could provoke a violent reaction, touching the person without consent, or engaging in active panhandling in specific areas.
Active panhandling is described as any verbal request for money or other item of value, and under the ordinance, would be regulated, not prohibited.
Active panhandlers sitting on benches no longer will be allowed on either side of State Street from the 400 block to the 1200 block, Milpas Street from the 00 south block and 200 north block, and Cabrillo Boulevard between Castillo and Milpas streets.
However, active panhandling will not be allowed in six scenarios: with anyone waiting at a bus stop, in a vehicle on a public street or alleyway; in a city parking lot or structure; in an outdoor dining area; within 25 feet of an ATM; in a queue of people waiting to gain entrance to a place of business or a vehicle; or waiting to purchase an item or an admission ticket.
Passive panhandling will not be regulated at all, an example of which would be someone sitting with a sign, not verbally.
The ordinance would leave open “ample opportunities for First Amendment rights” throughout the rest of the city, Wiley said.
The penalty for aggressive panhandling is now a misdemeanor instead of an infraction, and could result in a fine of up to $1,000 or up to a year in jail. Before, the penalty was a $100 fine and no jail time.
“We feel like most people will comply once it’s on the books,” he said. “This gives us the ability to get a bench warrant issued if someone were to ignore the citation.”
The ordinance also was tied to the establishment of an “alternative giving campaign,” which would allow passersby to opt to give money in depositories located on the street, which would be put into a central fund to supplement street outreach or some other cause.
City staff have run into delays getting the devices approved through the Historic Landmarks Commission and also getting sponsorship from downtown businesses for the boxes, where the primary source of funding comes from. The city of Denver uses old parking meters to collect donations, an idea the commission “was not too fond of,” redevelopment supervisor Brian Bosse said, and suggested other alternatives be explored the city.
Staff members say they hope to have the campaign under way by the first of next year.
— Noozhawk staff writer Lara Cooper can be reached at .(JavaScript must be enabled to view this email address).
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» on 08.19.09 @ 03:33 AM
“The Santa Barbara City Council on Tuesday approved a new panhandling ordinance that seeks to prohibit aggressive panhandling and serve offenders with a hefty fine or possible jail time.”
So let’s see: These people (probably most of them anyway) are broke so they panhandle, yet they get hit with a “hefty” fine. If they’re broke, how will they pay the fine?...and isn’t the county jail already overcrowded?
Also: Aren’t there existing laws that could be enforced to protect people from aggressive panhandlers? If someone goes up to another person and harrasses/follows them for reasons other than panhandling wouldn’t they already get in trouble for this? If this is the case, then why not apply existing laws to protect the public?
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» on 08.19.09 @ 05:47 AM
Now this is interesting…. “serve offenders with a hefty fine or possible jail time”
If someone is “panhandling” wouldn’t the obvious conclusion be that they have No Money? How do they pay a “fine”? Maybe the offender will need to panhandle some more in order to pay the fine!
And just maybe if the panhandlers have no money, they have no home and would welcome a roof over their head, even if it is jail.
Typical Santa Barbara City Council members approving an ordinance that won’t work.
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» on 08.19.09 @ 06:58 AM
It is about time ! This has been allowed to go on for far too long.
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» on 08.19.09 @ 07:23 AM
We need to give the City Council the Bright Idea award!Once again the City Council has proved they do not know how to deal with problems in the city….. its amazing that elected officials are so clueless and we just keep voting them back in!!!!
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» on 08.19.09 @ 07:26 AM
I anticipate city business owners to abuse this to get homeless off State street by accusing them of “aggressive” behavior. Banning “aggressive” panhandling is absurd. This shouldn’t be a law.
If someone is cursing someone, physically assaulting the panhandled or having their movement impeded then those are cases for harassment or assault, not some total made up law to cater to Santa Barbara’s tourists and merchants.
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» on 08.19.09 @ 07:44 AM
Put them to work picking up litter and cleaning grafitti.
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» on 08.19.09 @ 07:49 AM
Yeah this is going to work. look out 300 and 1300 blocks of state street.
How about an ordinance against being a gangbanger? Seems like a better place to spend energies.
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» on 08.19.09 @ 08:34 AM
Unfortunately what sounds like a good idea to curb the extensive panhandling problem in Santa Barbara has numerous practical problems. As the saying often goes, “the devil is in the details”!
Under California law, a police officer cannot make an arrest (or issue a citation) for a misdemeanior or an infraction that is not committed in his or her presence. Therefor any officer summoned by a citizen who is a victim of these new offenses or a witness to one would likely be required to make the arrest, i.e. a citizens arrest. After doing so (if they still wanteds to pursue the offense) the officer would either take the violator into custody or issue a citation and have the citizen sign a form promising to come into court and follow up on “their arrest” and the resultant prosecution.
Therfore, as a practical matter, the only way such an ordinance could be effective on the streets, is if the police were to flood the downtown area at different times of day with undercover police officers who looked like average citizens and when “agressively” or unlawfully panhandled they could effectuate an arrest (for offenses committed in their presence).
Unfortunately most members of the council, anxious to apear to be doing something while doing nothing but what is deemed politically correct, never asked the right questions of the City attorney, Mr. Wiley.
Given the level of incompetence of so many on the council, are you surprised at these kind of “laws” being passed? Never mind the added question of how any pandhandler would be able to pay a $1,000 fine.
More than likely, the overburdened court system and the jail would generate pressure to simply release such offenders at their arraignment (first court apearance to enter a plea) and give them credit for the time served in jail awaiting their first appearance, providing they plead guilty to the offense they are accused of or perhaps some other offense.
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» on 08.19.09 @ 08:46 AM
Definitely needs something like this. When ordinary citizens (residents or tourists) cannot go about their business without being accosted, there is something needed.
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» on 08.19.09 @ 08:51 AM
New signs carried by homeless on freeway exits: “Need money to pay panhandling fine. Please help!”
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» on 08.19.09 @ 10:04 AM
“The ordinance also was tied to the establishment of an “alternative giving campaign,” which would allow passersby to opt to give money in depositories located on the street, which would be put into a central fund to supplement street outreach or some other cause”
This is the meat of this ordinance: No competition for income for poverty pimp programs. IE: don’t buy the homeless guy a hamburger or worse, offer him a job or place to live…instead, give money to already bloated social programs which keep people dependent and in poverty and make the providers richer.
The bread of this ordinance is: “Don’t upset the Tourists”.
Because of course, if Tourists see poor people, they don’t like it. And since SB has chased out everything but tourist-focused businesses, bars for college kids and yuppies (It’s OK to be a drunk if you have money),ridiculously pricey upscale retailers and real estate businesses, that means SB has made itself dangerously dependent on “the kindness of strangers”.
Nobody likes being hassled or assaulted by ANYONE, and that’s why THERE ARE EXISTING LAWS against that kind of behavior. It’s kind of like special “hate crimes” laws: despite that it is already against the law to beat someone up or kill them, these special laws elevate the value of one group of people above that of all others.
These laws are simply tools to give police greater leeway to focus on, harrass, and terrorize homeless people and force them out of town or into programs where people can make money off of them for keeping them out of sight.
None of this addresses the fact that Santa Barbara has turned itself from a functioning city with realistically priced housing, employment opportunities at realistic pay scale, and for all (not just the young, beautiful, overeducated, well-connected,illegal, or desperate)into a dog-eat-dog environment which has carefully and systematically closed the walls in on its own residents who can’t dance fast enough to pay the ever-increasingly greedy piper.
When people all have a chance to make a fair living and have the ability to obtain shelter under their own power, we’ll see a lot less homeless people. It really is that simple. I hate to say it, but these people are not all from other places, a lot of them are longtime and/or native Santa Barbarans; pretending they are “transients” doesn’t address the truth and fact that they ARE “ours” and are merely symptomatic of the decades of greed and special interests running this city.
So keep passing your laws and filling your jails with people whose only crime is being poor. Then refer to some Dickens and see how well this approach worked then (Not) and decide whether this really is an answer or not.
“Those who choose to forget history are doomed to repeat it”
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» on 08.19.09 @ 12:02 PM
I will gladly call the cops while working on the 500 block of state street if there are any annoying bums out there nd say thry ae being aggresive. What is wrong with a safe and friendly enviroment to conduct business. Rights of homelsess! What about the right to make a living. The homeless offer nothing, absolutely nothinh.
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» on 08.19.09 @ 12:22 PM
There is a person that has taken up residency on the corner of State St. and Hitchcock Way. I would consider it agressive since all her earthly possessions are with her.
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» on 08.19.09 @ 12:26 PM
They are going to have to do a heck of a lot of panhandling to pay the fine….
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» on 08.19.09 @ 01:17 PM
Just because it’s an idea to target a particular problem does not mean it is a GOOD idea! So many Well Intentioned Bad Ideas (WIBIs) are just SOMETHING to make politicians appear as though they are doing something. Doing something and doing something EFFECTIVE are two different things. Take health care reform for example. So many would be happy just to have ANYTHING labeled “healthcare reform” without even looking at the details or unintended consequences. They count on you being apathetic and a shallow thinker, which unfortunately, most of us are.
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» on 08.19.09 @ 07:38 PM
If we really want to get tough on panhandling, let’s elect a new City Council, led by Mayor Dale Francisco.
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» on 08.19.09 @ 08:02 PM
So where do they mail that envelope to put the fine in when you’re homeless?
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» on 08.20.09 @ 08:31 AM
On an interesting side note. Years ago I believe it was channel 4 in LA did an under cover investigation of homeless people and begging for money on freeway off ramps.
One of the ramps they choose was 405 south and Santa Monica BLVD. Over the course of two weeks they watched the homless guy pull in tons of cash many handed him 10’s, 20’ and even hundreds. One day the film crew followed him to see where he went. Where he lived and so forth. He went around a corner near a gas station walked up the street and into a dead end street. There sat a brand new BMW that the homeless guy was changing at the trunk.
They ended up outing the guy and found out for years he had passed this corner and seen this guy raking in cash. Well one day he took the dude for coffee. Guy died not too long after that so the Guy in the BMW whom was a attorney took his place.
Basically never look at a book cover with out looking inside is the moral of the story.
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» on 08.20.09 @ 08:36 AM
As for this ordinance I think it is still not agressive enough. I don’t even want to see homeless people down town. All these people do is drive tourists away and make out city look bad.
I was at hot spots yesterday getting a water while on a bike ride. Ended up having a wonderful conversation with a women traveling that was from Italy. She asked if it was safe to walk around with all the street people. Then she commented that even San Francisco didn’t have this many street people.
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» on 08.20.09 @ 11:42 AM
When I talked to a crippled homeless guy to see if he needed help with anything other than money (I don’t give them money) - he pointed to his walker that was falling apart and strapped together with twine and duct tape with rusted wheels…. I went and spent over $100 for a new one. I ordered a basket for it so he could carry things. When the basket cae in I went to look for him so I could give it to him. I found him on the way to his street corner RUNNING down Hollister pushing his new walker. Within a month he had hooked up with a woman in a wheelchair - the walker was nowhere in site, and he took to standing as she sat in the wheelchair - a modified act. . Won’t get fooled again. this is NOT to say there are not people out there who are not scammers, but I would say at least 50% are and the ones who truly are in need suffer for it and have to compete.
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» on 08.20.09 @ 11:44 AM
The other day I overheard one “homeless” obviously passing through town, telling his buddy that “You can make more money” on that other corner? I thought they were just looking for a meal? Another true story.
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» on 08.20.09 @ 11:46 AM
Another time I saw a perfectly fit and clean young guy, probably twenty, on the corner with a sign. I just yelled out the window, you’re too young for this get a job!
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» on 08.20.09 @ 08:29 PM
Donation boxes would make more sense to relieve the guilt of some. Hopefully the money would go to good meals and retraining.
But SB should not have to pay for non-local homeless. California and Feds need to create work camps for rehab and training—no one should go hungry or without some work available. Maybe we can print some money for this on top of the banking welfare and fake war funding? This is what our City leaders should attain as soon as possible.
As pointed out above, Aggressive panhandling can just be handled as assault.
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» on 08.21.09 @ 06:30 AM
If a pandhandler cannot pay the fine because he has no money ( otherwise why panhandle?) what will they do with him if he is jailed? Will he stay forever in an already crowded jail? Death is part of life and people die every day but those who are unable to take advantage of life saving medical procedures and treatment are the most vulnerable. Exposure to disease, intense heat and cold, cancer when undetected, untreated heart conditions such as hypertension, all these can wear the immune system down and kill. Stress brings illness to the frail and undernourished, and what can be more stressful than not knowing where the next meal will come from or will someone kill you for your sleeping bag or your sleeping spot?
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» on 08.26.09 @ 12:29 PM
maybe the city could pass a stink law? It could be against the law to smell of stale urine and be unwashed in a public place.
They used to have laws against eating onions and riding the street cars in some citys.
I think the freedom to smell like urine ends at my nose. The website Street-people.com has been tracking how people deal with panhandlers since 2006 and the best answer they have come up with is “Stop giving panhandlers money! If you don’t give them money they won’t ask for it!”
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