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Chardon ready to clamp down on panhandlers
(by Joseph Koziol Jr. - November 03, 2010)
Chardon ready to clamp down on panhandlers
By JOSEPH KOZIOL JR.
Chardon is one step closer to having a law to combat panhandling.
City Council's legislative committee recommended last week that council approve a beefed-up version of a law that has been around since the turn of the 19th century.
While most beggar ordinances are classified as minor misdemeanors, the proposed legislation would make it a fourth-degree misdemeanor.
Chardon Police Chief Timothy McKenna asked for the higher offense, because it gives police the opportunity, if needed, to arrest offenders. As a minor misdemeanor, he said, police only can issue a summons to appear in court. A fourth-degree misdemeanor is punishable by up to a $250 fine and 30 days in jail.
Mr. McKenna said the need for the legislation became apparent over the last two years as a couple of individuals have caused problems for business owners on Chardon Square and at the Giant Eagle supermarket. He said one of them has been told "a hundred times" to cease the activity but has continued to return.
The law would not be used to haul away individuals as soon as police catch them panhandling, Mr. McKenna said. He would treat it the same as ordinances like dogs, he said, issuing warnings and making arrest only if the violators are persistent.
Councilwoman Nancy McArthur asked whether the $250 fine is appropriate, given that the people may be indigent.
Chardon Law Director James Gillette said the courts can impose no fine if they choose, and they would take into account the person's financial means. He said they may be put on probation and ordered not to beg. If they are found guilty of a second offense, they may impose the more severe penalties, he said.
Mr. Gillette said it is an ordinance that dates to the turn of the 19th century and has been upheld in the courts.
Mr. McKenna said the repeat offender on Chardon Square is "very bold" in asking people for money. He said the man carries a shovel, clears snow and then asks business owners for money.
Mayor Philip King said he has spoken to people who said the man continually asks for money and cigarettes.
Mrs. McArthur said it is unfortunate that the city has "to go to this extent because of one person."
Mr. McKenna said no existing laws can address the situation. Only if the beggar causes a disruption, uses foul language or shows aggressive behavior can he be charged, he said.
Mr. Gillette said there are no laws to prevent someone from just standing on a street or sitting on a park bench, because all loitering laws have been declared unconstitutional. With the new law, he said, police can handcuff an offender and get him off the street.
Mr. McKenna said the law exempts those who solicit for nonprofit organizations. "They are not going to get people in trouble for passing out rulers for the PTO," he said.
Mr. Gillette said council could waive the three readings and approve the measure immediately. However, he said, it will not take effect until 30 days after passage.
The law will apply to someone who plays a musical instrument and solicits donations, Mr. Gillette said. But it will not apply to those who just choose to play in public, he said. "If somebody's playing bad music, too bad."
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