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Friday, December 21, 2007

Law - More on "Louisville panel opposes panhandling ordinance"

"Metro Council OKs restrictions on panhandling" is the headline to a story today in the Louisville Courier Journal reported by Dan Klepal. An earlier story was reported in this Dec. 11th ILB entry. From today's story:

The ordinance, approved 18-8, will take effect with Louisville Mayor Jerry Abramson's signature. Spokesman Chad Carlton said the mayor supports the ordinance and will sign it.

It will replace an existing panhandling ordinance that bars begging everywhere. But the current ordinance is seldom enforced because it is overly broad, and could apply to things such as charities or Girl Scout cookie sales, said Bill O'Brien, an assistant county attorney.

Convictions can bring up to a $250 fine and 90 days in jail, the same as in the current ordinance.

Council members David Tandy, D-4th District, and George Unseld, D-6th, sponsored the ordinance, which originally outlawed so-called "aggressive" panhandling. It went through several changes in the past three months.

Most notably, "aggressive" was dropped in favor of "menacing" behavior while begging.

The type of begging that could bring arrest includes approaching or following pedestrians; repetitively soliciting despite refusals; the use of abusive or profane language; unwanted physical contact; and the intentional blocking of vehicular or foot traffic.

"Menacing" behavior already is illegal under state law, and is defined as any activity that makes a "reasonable" person fear for his or her safety.

Two provisions were struck from the original ordinance: Panhandlers will still be allowed to ask for money after dark and within six feet of an entrance to a public building.

Posted by Marcia Oddi on December 21, 2007 02:02 PM
Posted to General Law Related