Ponderay passes ban on 'aggressive' panhandling

PONDERAY - The Ponderay City Council passed an ordinance April 20 making aggressive panhandling a misdemeanor offense.

The ordinance does not ban panhandling outright, however. The key is the word "aggressive."

The addition to city code is based on a Boise ordinance that had already passed through the legal gauntlet. Boise's original ordinance was deemed unconstitutional before it was revised to its current language.

"It passes constitutional muster," City Attorney Louis Marshall informed council members.

The need for an ordinance addressing aggressive panhandling seemed to be an open question to some council members, and even the Ponderay Police Department.

Police Chief Mike Hutter noted that a few businesses had contacted law enforcement in the past about people being disruptive to shoppers.

"Transients moreso than anything else," he said.

They were asked to leave and the situation was defused.

"But as far as this ordinance goes, from my perspective ... in 18 years, I cannot recall a good circumstance where this would apply," Hutter said regarding aggressive panhandling. "We've had people out there panhandling ... but aggressive panhandling - maybe there's one out there I'm not recalling."

By language in the ordinance, anyone who begs in public with "the intent to intimidate another into giving money" or who "obstructs" people or vehicles in a public place could be charged with a misdemeanor.

The ordinance goes on to define words like aggressive and intimidation.

However, Hutter did acknowledge that "it's not bad to have it in place."

Councilwoman Karen Engel agreed.

"It's not going to hurt to have it in place," Engel said, but "I haven't been affected by this, I haven't heard of this occurring."

The council suspended the rules relating to second and third readings, and passed the new ordinance by unanimous vote.