Panhandling Ordinance Advances in Florida

March 29--PANAMA CITY-- City commissioners are moving forward on a comprehensive ordinance that regulates panhandling and behavior in public parks.

Titled "Protection of Public and Private Rights," the ordinance, often called the panhandling ordinance, repeals and replaces an entire chapter of city code. Commissioners are expected to vote on the ordinance during their first April meeting.

Generally, the code prohibits aggressive panhandling and prohibits solicitation in certain situations, states rules for city parks, prohibits obstruction of streets and sidewalks, sets rules for large group feedings in public venues, sets rules and fees for holding large events at parks and establishes criteria for disturbing the peace violations.

Not all of the regulations are new.

Police Chief John Van Etten said existing ordinances cover a lot of the activity included in the proposal. The new law consolidates them and makes them more consistent, he said.

Drafting the ordinance also gave an opportunity to review what was on the books and compare it to what has been challenged and tested in court.

"We want to be fair and consistent," he said.

It also puts into code some of the current practices related to management of city parks.

The ordinance was first brought before the City Commission during a March 13 meeting, and it was met by criticism from some who said certain provisions were overreaching. Since then there have been several changes to the ordinance.

Glass containers

One of the changes from what was originally proposed that will affect the most people is in the section titled "Glass Containers in Public Venues Prohibited."

Language that prohibits possession of an opened glass container on any public street, park, right of way, sidewalk or other public property or building is no longer included. A regulation requiring stores that sell drinks in glass containers to post signs that state glass containers are prohibited on all public properties also was removed.

Other changes were made to the fee structure for obtaining a permit for an outdoor public assembly.

A nonrefundable fee to cover administrative costs was set at aflat rate of $100, instead of a tiered structure that ranged from $100 to $500.

At the request of Commissioner Billy Rader, the security deposit for an outdoor public assembly in the downtown and St. Andrews community redevelopment areas was reduced to $250, from the originally proposed $500. Rader said he was concerned the fees might be prohibitively high to young couples who rent Oaks by the Bay Park for weddings.

The cost of a permit is waived for those "exercising their First Amendment rights by engaging in events, parades, assemblies or demonstrations conducted for the sole or primary purpose of public issue speech."

Another change removes "guarding a vehicle for payment" from the list of disturbing the peace offenses.

Changes also were made to regulations on where people can solicit. Under the proposed ordinance, it would be prohibited within 30 feet of a crosswalk; 15 feet of a sidewalk cafe, ATM or bank, public park or property, gas station, liquor store, grocery store or check-cashing business; four feet of a vehicle on a street; or in a public restroom or public transportation.

Copyright 2012 - The News Herald, Panama City, Fla.