The Laker/Lutz News

panhandling

New ordinance aims to ban panhandling in Pasco County

By

An ordinance adopted by the Pasco County Commission aims to halt solicitation by panhandlers — by making it unlawful for pedestrians and motorists to physically interact, unless a vehicle is parked.

The ordinance is patterned after one adopted in Lee County, and Pasco county board members said it’s needed to reduce safety hazards on county roads.

Pasco County Commissioner Jack Mariano applauded Lee County for finding a solution to the issue of panhandling, and he thanked Senior Assistant County Attorney Patrick Moore for handling the legal work to bring the ordinance forward.

Mariano repeatedly has said it’s a problem that needs to be addressed.

“You hear some of them talking about making $600 a day, doing it.

“One watched some guy finish for the day. He got through with his panhandling, got into his new Cadillac and went away,” Mariano said.

“When the people know they can’t do business in the middle of the right of way, I think they stop,” Mariano said.

He added that when the source of the money goes away, “I think this problem will get eliminated a lot quicker.”

According to Moore, from the county attorney’s office: “What this ordinance does, regardless of the reason why someone is in the road, or why they’re in the median, or interacting with vehicles, it’s dangerous. Regardless of the reason of that occurring, it (the ordinance) makes it prohibited.”

Commissioner Christina Fitzpatrick said it needs to be addressed to improve safety.

She noted that of the county’s top 10 most dangerous intersections for pedestrians and bicyclists, six are on U.S. 19.

The U.S. 19 corridor has been notorious for the number of panhandlers that congregate there, according to testimony offered by commissioners during previous discussions relating to panhandling.

Commissioner Mike Moore noted that when he joined the board, the problem was predominantly in West Pasco, but it since has spread into Land O’ Lakes, Lutz and Wesley Chapel.

Commissioner Ron Oakley said panhandling isn’t a big issue in East Pasco, but he joined his colleagues in approving the ordinance because he thinks it is needed to address the problem in other parts of the county.

Commission Chairwoman Kathryn Starkey said, “I’m hoping that this ordinance can help stop the tragic things that are happening out on our roadways.”

She told her colleagues that recently she was driving home along U.S. 19, at night, and could barely see a woman, who was dressed in dark clothing, walking along the median.

Mariano brought a video to show board members panhandlers out in the road. There was a glitch on the video, but board members didn’t seem to need to see it, to understand there’s a problem.

Moore, from the county attorney’s office, said the new ordinance prohibits the stopping or standing by pedestrians in a median, and also prohibits the physical interactions between a pedestrian and an occupant of a motor vehicle that is not legally parked.

The regulations also prohibit the commercial use of public rights of way.

Any person found in violation must cease the activity and may be issued a citation punishable by a fine not to exceed $500, according to the ordinance.

Each action in violation of a provision of this chapter shall constitute a separate offense. Issuance of a citation does not preclude an action for injunction, issuance of a trespass warning where authorized, or any other legal remedy available to Pasco County, the ordinance adds.

The board unanimously adopted the new regulations at its Feb. 22 meeting.

The ordinance must be filed by the clerk to the board to the Department of State, within 10 days of its adoption. It takes effect upon that filing.

Published March 02, 2022

Pasco County pursuing new effort to curb panhandling

By

The Pasco County Commission wants to follow Lee County’s lead, in enacting an ordinance that aims to reduce panhandling — while avoiding potential concerns about free speech violations.

Patrick Moore, a senior assistant county attorney, explained the approach during the county board’s Oct. 26 meeting.

In essence, the new approach makes it illegal for people to stand in a roadway area that’s less than 6 feet wide and prohibits physical interactions between motorists and pedestrians.

“The county’s current ordinance was created for the purpose of protecting vehicular and pedestrian safety, and the free flow of traffic. This purpose hasn’t changed,” Moore said.

However, he added, the county’s current ordinance “makes it unlawful to solicit or attempt to solicit with the intent to receive a charitable donation.”

Because of that, the ordinance is often referred to as the county’s panhandling ordinance, he said.

“As far as enforcement goes, historically, direct citations haven’t always been effective, which causes the sheriff’s office, in an attempt to enforce the ordinance, to utilize the county’s public roadway, public right of way, trespassing ordinance,” he said.

“However, due to recent case law, the sheriff’s office has decided not to enforce or utilize the ordinance, in order to trespass someone, moving forward.

“In fact, that’s kind of across-the-board in the state of Florida. Law enforcement agencies across the state are deciding not to enforce many panhandling ordinances in different counties,” Moore explained.

So, he said, “this discussion is something that many other jurisdictions are also struggling with.

“The reason why this new case has caused this result is because it points out the infringement on First Amendment rights, specifically related to free speech, as to requesting charitable donations and so on, in public roadways.”

The ordinance recently adopted in Lee County essentially eliminated the solicitation aspect, Moore said.

“It has the same exact purpose of our current ordinance,” Moore said.

But, it eliminates the concerns over the First Amendment because it “eliminates any mention of solicitation or panhandling, as a basis of the violation.

“It creates a violation for remaining in a median or other areas of the roadway,” Moore said.

“It is unlawful” to remain in a median, whether the area is paved or not paved, if it less than 6 feet, unless you are actively crossing in a crosswalk.

It also is unlawful in Lee County “to have a physical exchange, or physical interaction, amongst a pedestrian and a vehicle.

“It specifically notes a vehicle that’s not lawfully parked. In other words, in a roadway at an intersection, stopped at a red light, stopped at a stop sign.

“It removes any contemplation on the enforcement side, whether it’s the sheriff’s office or code enforcement, of trying to determine what the intent of the message is that the person is trying to relay. It simply says this is a violation. There is no physical interaction between a pedestrian and a vehicle.”

Commissioners Mike Moore, Kathryn Starkey and Jack Mariano all spoke in favor of the ordinance, noting panhandlers pose a danger to motorists and to themselves.

Commissioner Moore said when he came on the board in 2014, it was a problem, but lessened for a time and now seems to be on the uptick, as word gets out that enforcement isn’t happening.

Starkey noted: “I’ll drive around Holiday, which I do regularly. They’re at every intersection and it’s dangerous because they’re walking down between the cars. Who wants to hit someone walking down the street? It’s unsafe for our citizens.”

Mariano added: “This has been a very sore subject in the Hudson area. Probably the No. 1 complaint, I get is all of the panhandling.”

The Lee County ordinance appears to be an excellent approach, Mariano said.

“It addresses stopping, standing or otherwise occupying a median that is not sufficient pedestrian refuge.”

And, it seeks to get people to understand “they are in violation, if they give,” Mariano said.

“Those two things will help us tremendously.

Mariano also noted: “I can’t think of a more important thing for code enforcement to do than to attack this issue, at least in the Hudson area. It may deter this behavior from going on.”

Starkey made a motion for the county’s legal team to draft an ordinance that incorporates Lee County’s approach, to advertise it for public hearing and to bring it back for board action.

Published November 03, 2021

Pasco commissioners seek way to stop panhandlers

By

They already have an ordinance on the books that addresses panhandlers, and another one that addresses trespassing.

But, the Pasco County Commission still hasn’t found an effective way to put a stop to panhandling.

“We have a panhandling ordinance in place. We write a lot of tickets to all of the people that are doing the panhandling. One gentleman has 240 tickets,” Commissioner Jack Mariano said during the commission’s Oct. 9 board meeting.

Pasco County Commissioner Jack Mariano (File)

Pasco County sheriff’s deputies don’t know what else to do, he said.

“They don’t want to take them to jail to fill up the jail. What do you do next?” the commissioner said.

Mariano has an idea.

He wants to try to dissuade people from giving donations to panhandlers.

He wants the county to send a message that “we don’t want you donating to the panhandlers.”

He thinks that would help put a stop to the panhandling problem.

Commissioner Kathryn Starkey agrees that there’s a problem. She told her colleagues that she was aware of a panhandler working on one side of a turn-lane on Starkey Boulevard who was cited, so he simply moved to the other side of the road.

“Apparently, it’s site specific when you cite them. I think we have to readdress that ordinance,” Starkey said. She thinks the ordinance should address panhandling that happens anywhere in the county.

Senior Assistant County Attorney Kristi Sims explained the actions the board has taken to date.

“So, when the board enacted its ordinance concerning road solicitation, or panhandling — that is a civil violation and yes, tickets were written,” Sims said. “People would turn the tickets over and use them as another sign, on the backs of their tickets. It was not being paid. It wasn’t particularly effective with some of the panhandlers in the county.

“If you’ll recall, when it started, it (panhandling) was ubiquitous — on almost every corner and growing.

“There was certainly a hard-core population of people who are violating the road solicitation ordinance, so this board went further and implemented a trespass ordinance that allows the sheriff to trespass them off of public property, intersections and yes, that is site specific,” the attorney said.

If that’s not working, Sims suggested two options. One would be to work harder on the trespass option, or two, violation of the ordinance is theoretically punishable by up to 60 days in jail.

“However, we would need to fund and pay for representation for indigent defendants to do that,” she said.

“The only thing left is jail,” Sims said. “I can’t make a certain segment of panhandlers care that they’ve received a citation.”

Mariano thinks the county should warn people who are giving to panhandlers that they should stop doing so.

“I think when someone gets a couple of warnings, they’re going to stop. When the panhandlers see that these people are being warned not to donate, I think we can deter it that way.

“Because obviously, what we’re doing is not working. We need some type of change. I think this is something, that this would be a very positive move to try to diminish what’s happening out there,” Mariano said.

Commission Chairman Mike Wells Jr., said he favors taking action to reduce panhandling because he worries about the safety of people who are seeking donations.

Mariano suggested having a workshop to discuss updating the ordinance, and commissioners asked County Administrator Dan Biles to put together a list of the county’s priorities so they can discuss during their next meeting when they might want to set up that workshop.

Biles agreed to bring back that list.

Published October 17, 2018

Panhandling off-limits in Pasco

By

Pasco County commissioners have approved a ban aimed at preventing street-corner panhandling in the county.

That action came despite pleas from those who had been selling newspapers in the county on Sundays.

By adopting a total ban, the county would cost workers’ wages and jobs, opponents said.

“I’m begging you, please understand you are affecting so many people,” said Renee Contreras, who oversees workers who sell newspapers on Sundays in the Wesley Chapel area.

Commissioners were unmoved, and on April 26 unanimously approved the total ban.

The ordinance is similar to ones in Hillsborough County and the City of St. Petersburg.

It bans “soliciting or attempts to solicit employment, business, contributions, donations, or sales or exchanges, of any kind from the driver or an occupant of a motor vehicle, or distributing or attempting to distribute any goods or materials to the driver or an occupant” of the motor vehicle.

Data presented to commissioners reported 173 pedestrian-related crashes in 2015, with 13 fatalities. The highest volume of fatal crashes happened on Saturday and Sunday, and occurred more often in daylight than evening.

Pasco County Sheriff Chris Nocco also said that people were taking advantage of the Sunday exception to the ordinance.

“They are switching over from selling newspapers to panhandling,” he said. “By afternoon, they switch out signs. It goes back to — there is a public safety issue.”

Pasco County Commissioner Mike Wells brought up the issue in March after hearing about a veteran who was killed while selling newspapers along U.S. 19.

Commissioners then directed staff members to draft the new ordinance.

“It’s an unsafe practice for all involved,” Wells said, adding that he believes Pasco does everything possible to help residents in need.

While Pasco County Commissioner Jack Mariano sympathized with those selling newspapers, he said, “It’s just not working out. It’s unfortunate we have to take this strong step.”

Hugh Townsend, of the Hunter’s Ridge homeowners’ association, said panhandling “is of grave concern.”

Residents have dealt with litter, broken lights around the community’s monument sign and destruction to landscaping.

“I’d rather see them set up in a parking lot,” Townsend said.

From his wheelchair, Clifton Levigne told commissioners that he and others need the money they earn from selling Sunday newspapers.

“We have to count on selling newspapers, or else we can’t have enough to get through the week,” he said. “We’re not panhandlers.”

Contreras said the ordinance would hurt people trying to work for a living, but probably won’t stop panhandling.

“They (panhandlers) just cost us all our jobs,” she said.

Published on May 4, 2016