Kalispell passes new law targeting panhandlers, motorists

Kalispell City Council approved an ordinance Monday that would criminalize panhandling, selling goods and making donations on roadways in the city.

After several weeks of debate and the Council fielding public comment, the ordinance passed with Councilors Jessica Dahlman, Sid Daoud and Ryan Hunter objecting.

The ordinance will undergo a second reading at the Council’s next meeting, after which it would become law 30 days later.

Before the vote, public commenter Walter Roundtree warned of “blowback” that could follow the passage of a law that could be construed as the Council telling people how, when and to whom they could donate, instead of an issue of public safety or maintaining the flow of traffic.

Councilor Chad Graham, whose call for strengthened panhandling prohibitions started the push for the ordinance, said he was only trying to maintain public safety and ensure smooth traffic flow in Kalispell.

He said donations would be better utilized by churches and social services organizations.

“This is not about trying to curb people’s ability to give donations, and I certainly want people to be able to do what they have placed on their heart to give,” Graham said. “It should be done, I think, in a better way.”

Dahlman felt the ordinance was unnecessary.

“I’m not going to be supporting this,” Dahlman said. “It’s directly connected to panhandling and I think that what we have already is sufficient.”

Hunter agreed, saying he felt existing laws on disorderly conduct and careless driving as well as the city’s panhandling regulations went far enough.

“I don’t see the need for the ordinance,” Hunter said. “We’ve had complaints about panhandling for 10 years and despite that we haven’t had a single example of an accident that has been caused by panhandling.”

He described the effort as another example of the Council taking a punitive approach to managing homelessness, instead of a “proactive, solution-based approach.”

Council recently passed ordinances limiting the amount of time allowed in a parks facility following complaints about a group of visible homeless people congregating in the city’s downtown Depot Park gazebo.

“To people who want to see less of these folks, drive them out of town, this is not going to do it,” Hunter insisted. “Making their life harder is not going to push them out of town.”

Daoud said that the only new aspect of the law, outside of what is already on the books, would be criminalizing drivers who decide to donate or purchase something on the roadway.

“Everything that needs an ordinance has an ordinance,” he said. “I think at this point we’re stacking ordinances.”

Councilor Sam Nunnally, who supported the measure, used his comment period to repeat that the ordinance wasn’t worded about panhandling, and then shared an anecdote about how panhandlers are harassing Mountain Climber bus service passengers, conduct already prohibited by law.

COUNCIL ALSO considered hikes to recreation and special event permit fees levied by the Parks Department.

Rotary Club head Pam Carbonari asked Council to pause the permit cost increases, saying that the proposed 10 percent bump represented a “heavy hit” to nonprofits putting on special events in the parks.

Carbonari also questioned why weekday and weekend permits cost different amounts for equivalent events.

Council postponed the discussion at her request. It will come before the body again at its next meeting in two weeks’ time.

Finally, council passed an ordinance that revised the Parks and Recreation fee schedule for vending permits and special events, and redefined the period for which special event permits are valid.

Reporter Adrian Knowler can be reached at 748-4407 or aknowler@dailyinterlake.com.