Roanoke Rapids City Council Tuesday approved a request by police Chief Shane Guyant that adds an ordinance addressing panhandling to the city’s code of ordinances.
In a memo to the council discussing the matter, Guyant noted that complaints about people walking up to vehicles begging for money have increased within the past few years. “The city needs to have some ability to curb, and hopefully eliminate, this type of quality of life issue in Roanoke Rapids.”
The police chief used ordinances adopted in Rocky Mount and Goldsboro as guides. “To ensure that this issue has an enforcement capability, the ordinance request needs to be considered and approved,” the memo said. “The ordinance allows for legitimate commerce requests by requesting permits, but it eliminates the nuisance and aggravation caused to citizens and visitors through instances of begging.”
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The ordinance makes it unlawful for a person to panhandle or beg within the city without first obtaining a panhandler’s permit, which would be issued by chief or a designee without cost. It would be valid for a year and would have to be renewed.
The permit would allow panhandling, excluding the areas and times included in the language of the ordinance, Guyant said.
The ordinance makes it unlawful for panhandling or begging within the following areas as well as designated times:
Within 100 feet of any financial institution or ATM
Within 20 feet of any bus stop, train station or taxi stand
Within 20 feet of any commercial establishment which is open for business
Within 20 feet of any outdoor dining area during operation
Within state Department of Transportation or city rights of way, excluding sidewalks
After sunset or before sunrise but in no event earlier than 8 a.m. or later than 8 p.m.
The ordinance further states that in accordance with state law, it will be unlawful for any person to aggressively panhandle or beg for money or goods from another in a public place or a place open to the public. “The offering of items of nominal value, such as pencils, chewing gum and the like for a donation shall not not make the conduct lawful.”
The exception to the ordinance includes fundraising efforts conducted by nonprofit organizations, corporations, or groups, for instance fire departments which conduct fundraisers — as long as the groups provide proper identification such as signs, vests, badges and are clearly visible to the general public.
The ordinance says there will be no arrest made for an initial violation unless the arresting officer first affords a person the opportunity to stop the conduct.
After being warned that aggressive panhandling or begging is illegal, a police officer will issue a misdemeanor citation.
The citation will be maintained by the police department for documentation.
If a panhandler does not cease the activity after being warned, or an officer observes a person continue to aggressively panhandle, the person will be immediately arrested.
Upon the first conviction, the person will be subject to a maximum fine of $50 or jail time not to exceed seven days.
A second conviction would result in a maximum fine of $500 or 20 days in jail.
In addition to any criminal enforcement, the city or the aggrieved person may pursue any civil remedies deemed appropriate.
