AGENDA DATE: 3/2/2022
TITLE:
Title
Public Hearing on a Proposed Ordinance to Repeal Panhandling Regulations
BODY
SUBJECT/PROPOSAL/REQUEST: Public hearing to consider the adoption of an ordinance to amend County Code Chapter 10, Offenses - Miscellaneous, to repeal the panhandling regulations
ITEM TYPE: Regular Action Item
STAFF CONTACT(S): Richardson, Walker, Kamptner, Reeves
PRESENTER (S): Greg Kamptner
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: County Code ? 10-123 prohibits persons from distributing written materials to the occupants of motor vehicles, soliciting contributions from the occupants of motor vehicles, and selling merchandise or services to occupants of motor vehicles. For purposes of this executive summary, these three activities are collectively referred to as "panhandling."
County Code ? 10-123 is virtually identical to the Henrico County panhandling regulations that were determined by the United States Court of Appeals for the Fourth Circuit in 2015 to be unconstitutional because they violated persons' First Amendment's right of free speech. Since that decision, Albemarle County has not enforced County Code ? 10-123.
STRATEGIC PLAN: Mission - To enhance the well-being and quality of life for all community members through the provision of the of the highest level of public service consistent with the prudent use of public funds.
DISCUSSION: To satisfy the Constitution, a panhandling ordinance must be based on evidence demonstrating, for example, that a person standing in the median at a specific intersection to panhandle creates a safety hazard at that specific intersection, and that other laws that do not raise constitutional concerns (e.g., the prohibition on pedestrians obstructing traffic) have been enforced but are inadequate. County Code ? 10-123 does not pass constitutional review because it applies to all County public roadways and medians, and was based on the assumption that people panhand...
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