Panhandling vote tabled

The Portales City Council tabled a vote on an ordinance that would prohibit aggressive panhandling in the city and limit all other forms of panhandling through a permit process.

The council felt it still had a few kinks to work out and language to change Tuesday night before going into a public hearing to discuss the ordinance.

Portales Mayor Sharon King said she wanted the wording be made clear that panhandling would not be legal in Portales unless you have a permit to do so.

"Make it pop out so it stands out that everyone knows they have to get a permit," said King to City Attorney Steve Doerr, who helped draft the ordinance.

If passed, the ordinance will outlaw any aggressive panhandling, defined in the ordinance as, "panhandling in a group or touching the person from whom money is being sought, knocking on car windows ... stopping or interfering with traffic to panhandle, panhandling a subject who is standing in a line, blocking the subject's path, trailing a subject who refuses to donate, or using profane or abusive language."

Disobeying this city ordinance would be equal to committing a petty misdemeanor and may be punishable by fine up to $500 a day, according to city officials.

The ordinance would not apply to a person or group providing a product or service for money.

The ordinance is prompted from a number of complaints to city officials and the Portales Police Department about aggressive panhandling tactics, which Chief of Police Doug Jones, King and other councilors said they have witnessed.

While councilors agreed that there is a need for the ordinance because no such ordinance exists, they felt the details such as how long the permit would be valid, was not made clear.

"I don't want it to be so open-ended," said City Councilor Dianne Parker.

"I'd certainly suggest we have a time limit on it," Jones added.

Many suggestions were made but ultimately they agreed with Parker that the permit should be good for three days and a person or group can apply for a permit one at a time. The permit would be good for three calendar days, starting with the day it is applied for, according to Doerr.

Councilors also considered enacting a fee for the permit to panhandle but ultimately decided that if the ordinance passes, they will wait and see if they need to add a fee.

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Parker inquired about warnings for people who aren't from Portales and aren't familiar with the city's laws who may stop here to panhandle.

Doerr said that it's a person's obligation when coming to the city to know the laws or ask about them, adding that in that situation a person or group may get a first warning.

Doerr also wanted to make it clear that if someone is issued a panhandling permit but violates the law by being aggressive, the permit will be revoked.

"If they have a permit and they stick their head in your car, then they're violating the ordinance," Doerr said.

The council is set to vote on the ordinance at its next council meeting on May 7 with the changes that were made to it.