Atwater looks at ordinance against camping, panhandlers

Atwater city officials are considering an ordinance that tackles aggressive panhandling and camping on public property by imposing fines on violators.

The ordinance, introduced at a City Council meeting Monday, would make it illegal to “sleep, lay down, camp” or store personal property on public property. The city would have the authority to remove the personal property after making an effort to locate its owners, according to the ordinance.

Aggressive panhandling, which includes coercion, verbal or physical threats, would be prohibited under the new ordinance. Panhandling before sunrise or after sunset would also be banned, as would panhandlers traveling in groups of two or more.

The proposed ordinance also restricts where panhandlers can ask for money.

Panhandlers won’t be allowed on private property, within 10 feet of a vehicle, or 50 feet of a bank, ATM, bus stop or outdoor vending machine. Panhandlers that come too close – within 3 feet – of another person or block that person’s path would be also be prohibited.

The ordinance does not prohibit “passive” panhandling, which means the individual is holding a sign without approaching people. It also does not apply to charitable organizations.

Violators would be punished with a $100 fine on the first offense, $250 on the second and $500 on the third. Subsequent violations could result in a misdemeanor charge, including a $1,000 fine and six months in jail.

Atwater Mayor Jim Price said panhandling isn’t the main target of the proposed ordinance. He said it’s geared toward people that “camp out” around town, usually with makeshift tents and shelters. There are roughly 85 homeless people in Atwater, according to the latest count.

“They’re not really in the heart of the town yet,” Price said, “so we’re just trying to get a handle on it now so it doesn’t expand out.”

The city of Merced also prohibits camping and aggressive panhandling. Merced police Capt. Tom Trindad said one of the challenges in targeting aggressive panhandlers is that officers need to witness the behavior before they can take action.

“Or someone has to be willing to file a complaint and identify the person,” Trindad said. “Most people really don’t call in for aggressive panhandling until after it’s done, but this is another tool for police.”

Livingston doesn’t have any laws in place related to panhandling and camping, officials there said.

The Atwater City Council unanimously approved the ordinance’s first reading Monday. It will come back for a second reading and possible adoption next month.

In other action on Monday:

▪  The City Council reviewed its midyear budget, which shows a $1.5 million shortfall in the general fund as of Oct. 28. The council also approved an $80,000 equipment purchase for the Fire Department to outfit its new 109-foot ladder truck.

▪  The City Council gave direction to extend a program that offers discounts to developers for another year. The program, which expired on Nov. 30, gave developers a $3,000 reduction on the first 30 building permits or the option of a fee deferral. City officials said the program helped spur more residential development.

▪  The council voted 3-2 against allowing a member of the public to sit on Atwater’s Audit and Finance committee. Price, along with Councilmen Brian Raymond and Joe Rivero, cast the deciding votes against reorganizing the panel. Price said others said it’s “overkill” because the committee already includes city finance officials, the city manager and two elected officials – Councilman James Vineyard and Mayor Pro Tem Larry Bergman.

▪  The City Council indefinitely tabled a proposal to give 5 percent or 10 percent discounts on building permit fees for residents. Rivero pushed the idea, saying he wants residents to reap some of the benefits that developers receive. However, the council unanimously determined the staff time associated with inputting the discounts outweigh the potential of spurring more development.

▪  The council discussed its desire to return to two meetings a month. A temporary ordinance that cut council meetings from two to one per month expires in May. The council decided it would be easier to let the ordinance expire rather than trying to amend it.

▪  The council received a presentation from the Ray Morgan Co. about converting to paperless City Council packets. City leaders said switching to paperless and putting everything online will save money and expedite the process. It’s unclear how much the startup costs will be.

This story was originally published February 10, 2015 at 6:22 PM with the headline "Atwater looks at ordinance against camping, panhandlers."