Panhandling limits OK'd by council

Beggars, take note: Run afoul of new panhandling restrictions in Kalispell and you might be asking people for spare change just to pay off your fines.

An ordinance the Kalispell City Council adopted on Monday makes panhandling violations a criminal misdemeanor punishable by up to $500 in fines and six months in jail.

The measure cleared the City Council on an 8-1 vote and takes effect in 30 days.

As a supporter of the ordinance, council member Bob Hafferman stressed that it does not outlaw panhandling in Kalispell. Others emphasized that with a range of sentencing options in court, judges will not be imposing hefty fines on the destitute.

“I want to make it perfectly clear this is not an ordinance that bans panhandling,” Hafferman said. “It does set forth certain requirements, that if I was a person walking down the street they can’t get in my face.”

Instead of an outright ban, the ordinance prohibits panhandling within 20 feet of any street intersection, highway intersection or bus stop and on private property without the owner’s permission. It also prohibits panhandling after sunset, before sunrise or by groups of two or more people.

The ordinance defines panhandling as “any solicitation made in person requesting an immediate donation of money or other thing of value.” A donation includes the purchase of an item for an amount far exceeding its value.

Other restrictions target aggressive panhandling. They prohibit panhandlers from coming within three feet of a person unless that person has indicated a desire to donate; from blocking the path of a person along a sidewalk or street; from following a person; and from using profane, abusive or threatening language.

Supporters called the ordinance an acceptable way to improve public safety. Critics called it an unneeded and potentially unconstitutional law that targets the poor. Others questioned if it will just create a new game of cat and mouse for panhandlers and police.

“I don’t think this ordinance impairs to any real degree the panhandling that’s going on,” council member Jim Atkinson said. “What I think it does, it sets a standard that says we won’t put up with the types of behavior we’ve heard of in other places. It says we’re not going to put up with aggressive panhandling. This doesn’t discourage panhandling. It doesn’t encourage it, but it allows for it. It allows people who want to assist folks in need and provides for people asking for that help.”

Referring to multiple amendments made two weeks ago, local attorney Jim Cossitt said public comments resulted in a better ordinance overall. He still questioned the city’s rush to enact it given the number of similar ordinances that have been challenged and overturned on constitutional grounds.

The ordinance as adopted does seem to apply equally to anyone who might be soliciting donations in Kalispell, Cossitt said.

“If it doesn’t apply equally, council has chosen to single out one segment of a group all of who are engaged in the same conduct and raised serious equal protection problems with the law they passed. Time will tell on how it will be enforced,” Cossitt said.

Kalispell City Attorney Charlie Harball said the law applies to people trying to stop traffic for donations — and includes people such as firefighters passing the boot in traffic.

“If the purpose of the speech, written or stated, is to get people who are driving to stop in traffic or have an exchange that involves handing money, that’s restricted. You can’t do it because you’re creating a safety issue,” Harball said. “Police could give people a ticket for careless driving but never had anything for the person on the sidewalk, at the intersection, trying to persuade people to stop.”

Mayor Tammi Fisher called the panhandling ordinance a “vast improvement” over the loitering and vagrancy laws it replaces.

“This actually eliminates two unenforceable ordinances so we pave the way for panhandling in a peaceful and safe manner,” Fisher said. “Now we have an ordinance that lets people panhandle in an orderly, nondiscriminatory fashion without getting in peoples’ faces.”

Randy Kenyon was the only council member opposed to the ordinance. “I think this is a legal, social and constitutional overreach. The city of Kalispell does not deserve this,” he said.

Kenyon questioned other council members who supported the panhandling ordinance as a public safety measure but last December opposed an ordinance that would have banned people from using handheld electronic devices and cellphones while driving in Kalispell.

“If talking or texting on cell phones while driving is not a public safety issue, then panhandling certainly is not a public safety issue,” he said.

Reporter Tom Lotshaw may be reached at 758-4483 or by email at tlotshaw@dailyinterlake.com.