Law Hasn't Curbed Begging

Adopted in September 1998, the ordinance aims to end aggressive panhandling with fines and jail time.

Despite a ordinance passed three years ago banning aggressive panhandling, a walk down Franklin Street often still includes an encounter with someone begging for change.

Students and residents are still regularly solicited and even badgered for money, leading some to question the practicality of the town's panhandling ordinance.

But Chapel Hill Police Attorney Terrie Gale said the ordinance, which was adopted in September 1998, is meant to be preventative -- to help panhandlers and patrons live together -- rather than to target the homeless for citations.

"We don't have punitive intentions for panhandlers," she said.

"The (Chapel Hill) Police Department certainly has no desire to cite anyone with this," she added.

"We'd certainly rather send them in the direction of the (Inter-Faith Council) shelter."

The ordinance, which was passed in response to complaints from local business owners, specifically bans panhandlers from following someone or blocking their path and from forcing themselves on passers-by.

"The parties that wanted this were some of the downtown businesses," Gale said.

Michael McFann, a manager at Pepper's Pizza, located at 127 E. Franklin St., said he often has to force panhandlers from blocking the entrance to the restaurant but that he was unaware of the ordinance banning aggressive panhandling.

"(The ordinance) sounds like a great idea," McFann said.

Chapel Hill police spokeswoman Jane Cousins said the ordinance also prohibits any type of solicitation within 20 feet of a bank, financial institution or automated teller machine.

The ordinance also prohibits panhandling on public transportation or within six feet of a bus stop, she said.

Cousins said solicitors are barred from impeding the flow of traffic when asking for money at intersections.

Chapel Hill Police Maj. Tony Oakley said a violation of the ordinance is a misdemeanor and carries a fine of up to $50 and up to seven days in prison.

"We've not given many tickets for this," Oakley said. "Most people have cooperated."

Carrboro Police Capt. John Butler said Carrboro's ordinance, similar to Chapel Hill's, also seeks to minimize conflict between panhandlers and patrons of downtown businesses.

Butler said he supports the ordinance because it gives the town leverage in dealing with aggressive panhandlers.

"These people can't beg if they're in jail," he said. "If you take away their opportunity to make money, to buy alcohol or whatever, they take you more seriously."

Both town ordinances are striving to create a healthy environment in downtown areas, since eliminating panhandling altogether is impossible, Gale said.

"Someone certainly has the First Amendment right to ask for money," she said.

"That's your free speech."

The City Editor can be reached at citydesk@unc.edu.