City looks at panhandling laws


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  • | 2:26 a.m. October 22, 2014
CITY COMMISSION_CHAMBERS
CITY COMMISSION_CHAMBERS
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Aggressive solicitation would be banned throughout the city

City Commissioner Bill Partington said that people should be educated about what happens to the money they give to panhandlers.

Partington said he attended a presentation by consultant Robert Marbut, who said that for every dollar given, 93 cents goes for alcohol, drugs or other illicit activities.

“People think they are helping, but they are only making the situation worse,” Partington said. “Giving money does not help them get out of that situation.”

Marbut and area homeless advocates have recommended a centralized location for homeless services. Marbut was hired by Daytona Beach with contributions from other municipalities to study the area’s homeless situation. He presented his findings last month.

Partington made his comments as the City Commission passed an ordinance in a first reading on Oct 21 that made several changes to existing panhandling laws. A second approval will be required at a later meeting.

Partington said he has received many complaints from citizens about panhandling.

Commissioner Richard Boehm agreed, saying the ordinance was long overdue.

The ordinance prevents aggressive panhandling throughout the city, which is defined as conduct that is harassing, abusive, coercive or misleading in order to obtain money.

Aggressive panhandling can be broadly prohibited, but passive panhandling, which can be a simple request for money, or holding a sign is protected by the First Amendment. It can only be regulated for a specific purpose.

The new ordinance will make it illegal to passively panhandle around the area of the Interstate 95 interchange with State Road 40, because it has been found to create a traffic danger. The buffer will extend from Interchange Boulevard to Williamson Boulevard.

Other buffer zones for passive panhandling in the ordinance include public transportation vehicles or facilities, public bathrooms or near ATM machines, where people feel threatened or unable to move away. The prohibition would apply equally to panhandling or other types of solicitation, including collecting for a charity.

Empty Food Lion draws attention

In the discussion period at the meeting, Partington brought up the Food Lion grocery store on East Granada Boulevard, which has been vacant.

Partington said he receives many comments from residents about the empty store, so he wanted to bring it up to the commission, even though it’s a privately-held property and there is little the city can do.

“I’d like to figure out something we can do,” he said. He said most people have remarked they would like a quality grocery store in the building.

Mayor Ed Kelley said he and Economic Director Joe Mannarino had worked on the issue in past years, sending out letters to prospective grocery businesses.

He said it might be a good time to try it again, because of the improving economy.

“Maybe someone wants to buy it,” he said. “The city is not going to buy it.”

Radio-read water meters to be city standard

The city also formalized, in a first reading, the establishment of radio-read water meter technology as the city’s standard. With radio-read technology, the water usage can be read remotely. The city has completed one year of a seven-to-eight year project in replacing the city’s manual read meters with radio-read. About 1,000 have been installed, according to Finance Director Kelly McGuire.

McGuire said three people have objected to the radio-read technology.

“We’re not going to force anyone to accept it,” she said.

If a person rejects a radio-read meter, the ordinance will allow the city to charge $15 per month for the manual reading of the meter.

 

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