Concord Bans Panhandling

Concord’s City Council unanimously approved a new ordinance on Tuesday that bans “aggressive” and “captivate audience” solicitation, acts otherwise known as panhandling.

Councilmembers opted to waive a second reading of the new law, which comforted some Concord residents. 

“It’s been a long time coming,” said Paul Poston. 

Poston said he regularly encounters aggressive panhandlers at Safeway. Recently he was approached by a man who insisted upon helping him carry groceries to his vehicle, while demanding that he give him a dollar.

“I said 'go away, leave me alone' the whole way. I’m there trying to unload groceries; he’s saying 'give me a dollar.' What part of go away didn’t you understand?” he said. 

The Safeway on Willow Pass Road is one the top three areas in the city where panhandling is problematic, according to the police department. Also on the list are Todos Santos Plaza and the Park 'N' Shop Shopping Center. Concord Police estimate the department receives 70-100 calls per year about panhandlers. 

Chief of Police Guy Swanger said the new law will put authorities in a better position to manage the activity that has become "a burden" for Concord residents. 

“I believe a lot of this activity…the reason it occurs is because goes unchecked,” Swanger said. "This allows us to check it and deal with that small group that’s being aggressive in their manner,” he said during Tuesday’s regularly scheduled City Council meeting.

The new law makes begging illegal within 30 feet of areas in which people are “captive audiences.” Examples include outdoor eating areas and bus stops. The logic behind creating a legal distance barrier is that people who are waiting to get on a bus or eating outside at a cafe cannot move away from a person who is begging for money without compromising their endeavor. 

“Aggressive solicitation” on public sidewalks, streets, and parking lots will be prohibited. That act is legally defined as coming closer than three feet to a person to ask them for a donation, blocking a person from walking away from a solicitation encounter, and/or following a person to request that they buy or donate something, according to the text of ordinance no 13-9. 

The ordinance was conceived several months ago, according to Councilmember Ron Leone, when he recognized that panhandling was a problem.

“I went to our city manager," Leone said. "Staff did a great job in helping to develop this idea,” he said, noting that Mayor Daniel C. Helix and Vice Mayor Tim Grayson helped shape it. 

Grayson was pleased with the passage of the new law.

“This was very very carefully constructed by our city attorney Mark Coon who was very careful to maintain the city’s compassion for homeless and for people that are in need who do depend on the gracious giving of our citizens and the kindness of our citizens,” Grayson said.

“However I do believe it will be a very effective tool in dealing with what I believe is a small group, a minority group of the criminal element of the homeless that take advantage and cloak themselves behind homeless and take advantage of situations to better themselves,” he said. 

City Attorney Mark Coon said aggressive solicitation of captive audiences will be a citable offense. The third infraction within a one-year time span will be considered a misdemeanor. City officials have not decided how much the fine for the crime will be. Since the second reading was waived, the new law will go into effect in 30 days.

City Attorney Mark Coon said Girl Scouts and non-profit organizations will be exempt from the ordinance and allowed to sell cookies. 

“The thrust of this is that when you’re asking for something, don’t be disagreeable,” said Mayor Helix.