TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Update on Panhandling
DATE: September 8, 2003
The purpose of this memorandum is to provide follow-up information pertaining to the Solicitation Ordinance enacted on March 3, 2003.
BACKGROUND
In March, the Council amended the Town’s Solicitation Ordinance to include limitations on solicitation at night, and prohibitions of solicitation along roadways, shoulders and medians. During the months of April and May all police officers received training on the new ordinance. During this same time officers issued warnings to solicitors who were in violation of the new provisions. Issuance of citations began on June 1, 2003.
IMPACT OF NEW ORDINANCE
The warnings issued to solicitors on roadways and medians in Chapel Hill during the months of April and May resulted in a significant reduction in the number of people soliciting alongside our roadways. Since June 1, one citation and two warnings for roadside solicitation have been issued. These were issued to solicitors who were new to the Town and who have reportedly left Chapel Hill.
It does not appear that the prohibition on roadside solicitation has caused an increase in the number of people soliciting on private property or on other public property, including the downtown area. Downtown officers report that the number of people who panhandle in the downtown area is consistent with the level typically seen during the warmer months of the year.
The level of panhandling during the day in the downtown area continues at a rate similar to that experienced in past years. However, we believe that the limitations on soliciting at night have resulted in a reduction in nighttime soliciting. From June 1 through September 1, 2003, only four complaints were received by the Police Department about panhandling. Also, in the last two weeks of August, only three arrests were made for panhandling compared to twelve arrests in the ten weeks between June 1 and August 15. Officers assigned to foot patrol duties downtown are still looking for violations but they report that observable violations are down.
Since June 1, 2003, fifteen solicitation charges have been levied against twelve individuals. One of these charges was for aggressive panhandling, one was for soliciting at a bus stop, one was for roadside panhandling, and the other twelve were for panhandling by vocal appeal at night. These charges resulted from observations made by uniformed foot patrol officers and by direct contact with solicitors by officers dressed in plain clothes rather than uniforms.
The court date for five of the twelve people charged with solicitation was August 18. Three of the five cases were deferred to a later date. Two of the cases were deferred because the defendants were in custody for more serious offenses. The third case was referred to a community resource court that helps defendants find necessary social support systems, such as housing, medical care or employment. In the fourth case the defendant paid a $100 fine and left the community to return to his home. The fifth defendant failed to appear in court. An order for arrest was issued by the judge. This order authorizes officers to arrest the defendant as soon as he is located.
Throughout the summer we have maintained a high level of uniformed presence by scheduling police officers to work in the downtown area on their days off. While most of these officers patrol in uniform, some work in civilian clothes and closely monitor the panhandling. We intend to continue these downtown foot patrols throughout the fall.
SUMMARY
We believe that the intended results of the ordinance amendments enacted in March have been realized. People are still allowed to solicit during daylight hours. The public safety concerns of roadside solicitation have abated. And, based on reports from the downtown officers, the number of people soliciting at night by means of vocal appeal or direct written appeal, and the number of people aggressively panhandling are steadily declining.