Council
to Consider Banning Panhandling from Promenade Benches |
By Jorge Casuso
February 22 -- The City Council will consider an ordinance
Tuesday night that would discourage the homeless from monopolizing
chairs and benches on the Third Street Promenade.
Under the proposed ordinance, panhandlers would no longer be allowed to ask
for money while sitting on the chairs and benches, according to the staff report.
“Use of the street furniture for this purpose tends to be extended and
therefore prevents other members of the public from using the furniture for
its intended purpose of temporary respite,” City Attorney Marsha Moutrie
wrote in her report to the council.
“Because the number of chairs and benches on the Promenade is limited
and is very small compared to the number of visitors, this monopolization creates
a hardship for Promenade visitors, particularly those who are elderly, very
young or disabled,” she wrote.
While thousands of visitors per block often flock to the popular strip, making
it one of the two most popular venues in the city, there is only seating for
a total of 100 people, Moutrie said.
“Many visitors have special need of places to rest,” the City Attorney
wrote. “However, the limited seating is often unavailable because it is
monopolized by persons who use it for hours at a time in order to solicit donations.”
The ordinance would “respect” the First Amendment rights of those
seeking donations, Moutrie said.
“They would still be able to seek donations on the Promenade and from
benches outside the Promenade in less crowded areas,” she wrote.
Additionally, “this approach would be consistent with the existing prohibition
against using the Promenade street furniture for street performance.”
An alternative approach that would limit the amount of time a person could
occupy a seat “would be problematic and costly to enforce,” Moutrie
said.
By comparison, the proposed ordinance would cost little to enforce.
“It is anticipated that staff’s recommendation would not generate
significant financial impacts,” Moutrie wrote. “In contrast,
mandating time limits for benches would likely entail financial
impacts because of enforcement costs.”
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