Panhandlers to require permits

Plans are under way to require groups wishing to panhandle or solicit in Portales to obtain a permit through the city, proving they are a legitimate nonprofit group or organization.

Portales Mayor Sharon King said the proposed city ordinance to prohibit aggressive panhandling in Portales isn't so much about who panhandles or solicits but about the manner in which they do it.

King said there is no ordinance currently in place that would stop any form of panhandling.

King and the Portales City Council as well as Portales Chief of Police Doug Jones reviewed the ordinance Tuesday night at the council's bi-monthly meeting to ensure the language in the ordinance is clear about who can solicit and how they can go about it.

The ordinance was prompted by a number of complaints officials received about a group claiming to be affiliated with the New Life Church of North Dallas.

According to officials, on several occasions the group has been seen harassing motorists through intimidation and obstructing traffic.

Attempts to reach the church Tuesday were unsuccessful.

Jones said he witnessed the group impede traffic on two dates in February at the intersection of South Avenue D and 18th Street.

"I personally observed them tapping on windows and stopping traffic," Jones told the council. "At one point I saw nine cars backed up."

Jones said although the police department has not officially verified that the group claiming to be with the church is not a legitimate nonprofit organization, he said based on information from other law enforcement agencies, he has reason to believe the church does not exist.

Jones said one of his colleagues from Florida, a sheriff in a Florida county, has also encountered this group, adding that many of the members were identified as ex-convicts.

"These people are scam artists," Jones said. "They're bilking the good citizens of Portales into giving money."

Jones has worked with Portales City Attorney Randy Knudson in drafting up legislation that outlines what will be permitted.

Knudson said the ordinance wouldn't prohibit panhandling completely, just aggressive forms of it, such as when a panhandler is aggressively persistent even after a person has declined to give a donation.

"We can't prohibit citizens asking for money, it's a First Amendment right," Knudson said.

"You have a protected right to solicit as long as it's not in an aggressive way."

Knudson added that youth groups and other organizations who provide a good or service for money do not apply to the ordinance's definition of a panhandler.

Councilor Oscar Robinson was concerned that the group claiming to represent New Life Church of North Dallas could be a legitimate organization, adding that it isn't uncommon for churches to take in ex-convicts.

But others on the council reiterated that the group would be allowed to solicit money as long as they weren't aggressive.

Councilor Keith Thomas expressed interest in prosecuting the church group if in fact they were found out to be a fraudulent group considering it to be a crime.

"I think they're defrauding citizens," Thomas said.

According to the proposed ordinance, unaggressive solicitation of donations by a bona-fide nonprofit group can take place at a stop sign or traffic light as long as the group obtains a permit from the city.

Amendments to the ordinance will be made and King said residents will be notified when they will hold a public hearing before voting on the ordinance.