Panhandlers Rules Discussed in Grover—By Theresa-Marie Wilson

New rules could dictate panhandling parameters in Grover Beach. The City Council recently discussed efforts to prohibit the practice at bus stops, within 15 feet of unenclosed ATMs, public restrooms and within defined distances of driveways leading up to businesses or shopping centers.
“Without our own local ordinance, we don’t have the ability to unilaterally curb aggressive panhandling,” said Grover Beach Police Chief Jim Copsey. “More specifically, we don’t have the ability to tailor restrictions on the City’s individual specific locations.”
State law does address aggressive panhandling but not specific locations, but Copsey said it is difficult to enforce.
“The proposed ordinance would define what aggressive panhandling is and where it is not safely allowed, which is a little bit more of an enforcement tool the police department would be able to use to improve our community,” Copsey said.
“In the last two weeks, things have really gotten out of control with the weather changing,” said Daniel Bronstein, who owns a chiropractic office on West Grand Avenue. There is now evidence at my office, at least on my property, that people have been living there every single night. We find new clothing and new garbage in our side yard every single day. I called the police last week because we had two people smoking weed on my steps in the middle of business hours.”
A staff report states that panhandlers take advantage of situations in which the target is a captive audience, such as bus stops, public restrooms, and commercial business areas, particularly those patrons going to and from the local businesses. Faced with these circumstances, folks are “effectively prevented from exercising their right to decline to listen or politely avoid solicitation. The overall effect is to interfere with privacy, security and economic vitality by unnerving and inconveniencing business patrons, thereby discouraging dining and shopping activity within the city.”
“The actions of aggressive panhandlers creates a climate of intimidation and anxiety amongst members of our community,” Copsey said.
That said, asking for donations is constitutionally protected under the First Amendment, but limitations can be established in certain locations or in the case of aggressive solicitation, but panhandling cannot be outright banned.
“The proposed ordinance is intended to regulate solicitations consistent with the Federal and State laws,” Copsey said. “The ordinance may still allow certain types of solicitations that many may still find irritating or a nuisance, however, they are still legal because of freedom of speech.”
Soliciting people in situations where they feel vulnerable to a crime or coerced into giving money based on intimidation such as touching the person, following them, blocking someone’s way or repeatedly soliciting after they have said “no” would be prohibited.
“Although it is a misdemeanor under state law, we have had a difficult time getting cooperation with the District Attorney’s Office for prosecution under this,” Copsey said. “It requires specific intent and requires the victim to come forward and want to pursue a citizen’s arrest and go to court, where this we can do as an infraction and you go to traffic court. It makes it a little easier to enforce.”
Locations on the proposed list of prohibited places for panhandlers to operate include within 30 feet of a bank, enclosed ATM or check-cashing business after dark, in a public parking lot after dark without the consent of the lot’s owner, within 15 feet of driveways that lead to business or shopping centers, a bus stop or inside or within 15 feet of a public restroom.
The ordinance would expressly exclude the act of passively displaying a sign or some other indication that they are seeking donations.
“The reason I thought that this was important to keep in there was that we wanted to make sure it was clear to somebody looking at this that we aren’t trying to eliminate something that is legal—a First Amendment right and freedom of speech issues…. We aren’t restricting panhandling in itself. We are restricting aggressive panhandling in specific locations.”
Following council discussion, rules surrounding prohibited passive panhandling will be revisited.
The overall issue has cities up and down the state adopting tougher panhandling rules. Paul Peterson, a local homeless man, added a personal side to the debate.
“We are out there just trying to make a little bit of money, just trying to get by,” he said. “I’m trying to find a job right now. I’m in between jobs. I’m out on the streets right now not able to feed myself, not able to feed my wife, not able to feed my dogs, not able to keep my car running—not able to keep gas in it and keeping it repaired—without being able to do this.”
Peterson said that he had put in three job applications that day in hopes of finding work again.
“Not all of us who are out there are trying to be bums,” he said. “We are not all out there trying to get drunk or get high. Some of us who are out there are actually trying to find work right now.”
The council unanimously agreed to continue the discussion to its Jan. 20 meeting with further discussion on parameters concerning distances from business entrances not just driveways.
“I am pleased with the way it is written,” Councilwoman Karen Bright said. “I feel comfortable with the ordinance. I think this is a good start. It is something that we certainly can improve upon or modify as we need to as we go along.”
Along with the ordinance, the police department would create an information brochure for education outreach to the public about panhandlers and resources available to people in need.
Before drafting the proposed ordinance, staff looked at provisions in Paso Robles, San Luis Obispo, Lompoc and Redondo Beach, among others. The cities of Pismo Beach and Arroyo Grande do not currently have an ordinance directed at aggressive solicitation.
The City has already adopted an aggressive animal ordinance and the next step would be to set restrictions on area parks that often have a vagrancy problem as well as possibly creating no panhandling zones within the city.