DEPARTMENT: Police Department
DEPARTMENT HEAD: William P. McManus, Chief of Police
COUNCIL DISTRICTS IMPACTED: Citywide
SUBJECT:
Review and Assessment of Panhandling Ordinance
SUMMARY:
On May 9, 2016, Councilmember Mike Gallagher requested City staff conduct a review of the current panhandling ordinance and related procedures to address illegal panhandling. The following are among the topics to be reviewed: best practices of other major communities, potential amendments to the existing ordinance to enhance enforcement, coordination with area nonprofit and social service organizations to offer assistance to those in need and achieve voluntary compliance and processing of repeat offenders.
BACKGROUND INFORMATION:
In 2005, the City of San Antonio enacted an aggressive solicitation ordinance which defines aggressive solicitation as the use of sustained verbal and physical intimidation.
A person commits an offense if the person solicits:
* In an aggressive manner in a public area
* Within 50 feet of areas where public is considered vulnerable or where solicitation would interfere with the flow of traffic
Any person who engages in this type of activity is subject to prosecution for a Class C misdemeanor and a fine not to exceed $500.00. Since 2014, the SAPD has issued a total of 10,832 citations for violations of the aggressive solicitation ordinance and the ordinance prohibiting the solicitation of occupants of vehicles. The table below provides an overview:
Violation
2014
2015
2016
Soliciting from occupants of vehicles
3,446
3,060
1,576
Aggressive Solicitation
342
406
175
Aggressive Solicitation in Certain Areas
711
869
247
Enforcement of the ordinance has had limited long-term effect in deterring panhandling due to the continuous cycle created by the arrest of violators which results in the issuance of a fine and immediate release by Municipal Court. Oftentimes, violators are back on the street within hours of being arrested.
An ef...
Click here for full text