Proposed New Ordinance Gives Police More Options for Aggressive Panhandling

The City Council of Pasadena will conduct a first reading Monday of a new proposed ordinance that would expand the number of legal options available to police when confronted with “aggressive panhandling” incidents.

The ordinance would amend sections of the Pasadena Municipal Code that relate to camping in public parks and facilities, and those that relate to obstructing a “public way” or place.

It would also “prohibit, on all public sidewalks, alleys, streets or other public spaces, begging or soliciting of alms involving threatening, coercive, or menacing behavior.”

Chief Assistant City Prosecutor Will Rivera told the Council in April during discussions which resulted in the proposed ordinance, “We are not looking at status here, it’s about conduct.”

Downtown Pasadena resident Jonathan Edewards comments on the homeless ordinance before the City Council.
A number of cities have enacted far more aggressive ordinances, Rivera said,with some outlawing panhandling altogether.
“These are modest measures,” he said, referring to the proposed ordinance’s specifics.

While California state law already prohibits aggressive panhandling, defining it as being “accosted,” said Rivera, the new local ordinance would “lower that definition,” to include “threatening, coercive or menacing behavior.”

Councilmember Victor Gordo questioned why the ordinance was not expanded to be applicable in other areas of the city, up to becoming a city-wide ordinance. Rivera explained that such applications might face constitutional challenges which could cost the City federal funding.

Banning panhandling or banning homeless from certain areas might be construed by the Justice Department as “cruel and unusual punishment,” said Rivera.

In the proposed ordinance, one major amendment to Title 3, Chapter 3.24, Section 3.24.110 Subsection A8 now prohibits anyone to “camp, erect, maintain, or occupy any tent, lodge, structure, temporary or makeshift shelter, or unattended installation or display in any park or upon the grounds” specified within a primary commercial corridor.

Under Title 12, Chapter 12, Section 12.12.080 of the Municipal Code,

City Attorney Michele Bagneris is also recommending major tightening of Title 12, Chapter 12, Section 12.12.080 of the Municipal Code which relates impeding “the progress of another” on public property.

The new ordinance also specifically names a number “primary commercial corridors” within Pasadena where most of these new prohibitions will apply once the City Council approves the ordinance.

The new provisions are a result of the City Attorney’s extensive research and consultations with several other city department since April, when the City Council gave the direction to ensure that the new ordinance is narrowly crafted to address the issues involved.