Salisbury officially amends panhandling ordinance

Published 12:05 am Thursday, March 7, 2024

SALISBURY — After having discussions about it at their last two meetings, the Salisbury City Council approved revisions to the existing panhandling ordinance on March 5 that will go into immediate effect.

These revisions do not make panhandling illegal, since that would hinder the constitutional right of free speech, but it does restrict how and where people can ask for food or money within city limits.

A person cannot panhandle “after dark,” which ranges from 30 minutes after sunset to 30 minutes before sunrise. Aggressive panhandling is forbidden if someone causes fear or bodily harm, threatens another person, continues asking after being told no, or makes physical contact without permission.

Panhandling will be considered unlawful if it occurs at certain public spaces. It cannot be done within 20 feet of an ATM or bank or within 10 feet of a bus stop, transit facility, “sidewalk café” during work hours, daycare or school. Panhandling cannot take place if an individual is waiting in line to access a building.

In locations that have “high-traffic or high-collision roads,” no one is allowed to stand on any of the medians unless they are actively crossing the street. The ordinance also establishes a 100-foot rule in these areas.

“We’re not regulating panhandling with these particular ordinances, we’re regulating public safety on medians and around those intersections where it’s dangerous to stand,” Corriher said.

“The 100-foot rule is not 100 feet from the road, it’s any road that’s 100 feet from those roads.”

Additionally, a person cannot “exchange anything with an occupant of a vehicle.”

“Meaning, a person could not stand on the shoulder and reach into the road, even if they don’t step into the road, to exchange something with a motorist, but ‘panhandling’ is not prohibited, only physically engaging with cars in the lane of travel,” Corriher said.

When it comes to how the violators of the ordinance will be reprimanded, Chief of Police Patrick “P.J.” Smith said their first offense will be a written warning; the second offense will involve a citation as well as a criminal charge; and a third offense warrants an arrest and a meeting with a magistrate. If someone is tried and they do not commit any new offenses in 30 days then they cannot be found guilty of the offense.

Deputy City Manager Richard White said the city will have more information to share to residents regarding the “non-regulatory signs” whose goal is to “prevent engagement” with panhandlers through education in the next two weeks.

During city council comments at the end of the meeting, Council Member Harry McLaughlin further clarified the ordinance is not related to minimizing free speech, but  strengthening everyone’s safety.

“The panhandling ordinance was not set up to discourage the kindness and generosity of people in Salisbury, but instead look out for those individuals who are out there panhandling,”

McLaughlin said. “I’ve seen a situation where people try and dodge in front of traffic cars moving in order to collect those things and that’s where the danger comes in and that’s why these ordinances are in place, to try and help prevent those things from happening, from any accident from occurring.”