Changes to Panhandling Law Eliminates Application Fee

Fairlawn police Chief Kenneth Walsh presented changes to the two pending pieces of legislation regarding panhandling because he wants to be more fair and respect panhandler's rights, he said.

At Monday night's committee of the whole meeting at City Hall, Walsh and Law Director Edward Riegler went over the changes to legislation and fielded questions from council.

One piece of legislation requires the panhandlers to register with the city, just like peddlers and solicitors already do. The other piece regulates where the panhandlers can panhandle.

Big changes to the registration piece include:

• Panhandlers will not be required to pay a $35 application fee.

"We were using a program that cost $75 a month to do background checks, which is what that money would be used for," Walsh said. "We're now using a different program that's free."

He added, "If they're coming in and panhandling because they can't afford this or that, we shouldn't charge them."

• The panhandler must provide his or her Social Security Number for a background check.

• Instead of supplying a copy of the panhandler's current driver's license or Ohio Identification Card, they can now provide ANY government issued photo ID card.

"Someone could come and apply, and they could be from Idaho," Walsh said. "As long as they can provide something with the pertinent information — name, date of birth, Social Security Number — they can apply."

• Panhandlers are asked to provide two black and white photos of themselves, but if they do not have any, the police department has offered to take photos for them.

• The panhandler will not have to provide a rough copy of what the sign he or she will hold will read.

Riegler said this was in the original legislation because officials want to know what the money they earn will be used for, however, there's no way to prove where the money actually goes.

"We're hoping that by getting rid of the application fee that we don't get inundated with panhandlers," said council President Russ Sharnsky.

However, councilwoman Susan Sullivan said she believes registering and submission of the SSN will be a deterrent for many beggars. Convicted felons cannot panhandle in the city.

If the panhandler's application is approved, he/she will be issued a license from the city. He or she will be required to wear the license on his or her outermost layer of clothing, according to the legislation. If the panhandler is caught without a license or not wearing it, the police will cite them with a minor misdemeanor.

"We're hoping that the people who were intimidated by them before can know now that they've been checked out by the police," Walsh said. "We're looking at putting some kind of stamp on the license so they can't be easily copied."

The second piece of legislation dictates where a panhandler cannot beg for donations. They cannot stand within 25 feet of:

1. Any intersecting streets or crosswalks within the city
2. Any street or driveway entrance to or exit from shopping plazas, shopping districts, commercial or business establishments, churches or public or private schools
3. Any bus stop
4. Any ATM or bank
5. Any sidewalk cafe or outdoor cafe restaurant
6. Any driveway entrance to or exits from an automobile service station

However, if someone is sitting in their parked car in a parking lot, the panhandler can approach them and ask for donations, according to a change in the legislation.

"If we banned this, I don't think it would hold up against a challenge," Riegler said.

"A lot of that happens on private property," Walsh said. "Unless the property owner tells them they can't do that, the (panhandler) can be there. This legislation is for public property only."

The mayor and police chief have asked that both pieces of legislation be held until an April council meeting.