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, Council member Mike Gallagher requested City staff conduct a review of the current panhandling ordinance and related procedures to address illegal panhandling. Cities across the nation have sought to establish and strengthen existing panhandling ordinances in response to concerns related to aggressive panhandling. However, the judicial system has limited the ability of municipalities to restrict individuals from this type of activity. As a result, cities have focused their efforts on enhancing coordination with social service organizations to offer services and resources to those in need and raising public awareness on the importance of responsible charitable giving.
BACKGROUND INFORMATION:
Aggressive Solicitation Ordinance
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:
o Marked crosswalks
o Parking garages
o ATMs
o Banks
o Bus stops
o Parking meters/pay stations
o Outdoor dining areas
o Charitable campaign meters
In 2011, the ordinance was amended to extend the 25 ft. restriction to 50 ft. for the locations listed above.
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
2...
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