POUGHKEEPSIE – Police in Poughkeepsie are getting a growing number of complaints from people who say they are pestered by persistent panhandlers who won’t take ‘no’ for an answer. The Common Council is looking for a fix in the form of a local law.
As drafted, the law defines “aggressive panhandling” as, in part: Intentionally or recklessly making any physical contact; following a person in a manner intended to or likely to cause a reasonable person to fear harm; is intended to intimidate the person into responding affirmatively to the panhandler; continuation of solicitation after the request has been denied. The law sets a penalty of a fine not less than $25 nor more than $250, or imprisonment up to 15 days, or both.
The law was introduced at Monday night’s council meeting. The resolution was only to set a public hearing.
Assistant Corporation Counsel Victor Aqeel said the law is based on what’s in place in the City of Rochester.
“The ordinance in itself does not infringe upon anyone’s constitutional rights of freedom of speech and expression,” Aqeel said. “It solely prohibits the manner in which solicitation and panhandling is achieved.”
What’s on the table now, however, is not perfect, according to some Common Council members.
Second Ward Democrat Mike Young noted a number of formatting problems with the way it was written. His main concern, however, is with the spirit of the law.
“Concerns understanding how a $25 fine is going to affect any change for someone who, by definition, has no money to begin with.”
Young said the Center for Problem Oriented Policing at the University of Albany has a long list of suggestions on alternatives, including community service and restraining orders.
Aqeel said setting a public hearing does not preclude the council’s ability to amend or rewrite the proposed local law.
The council voted five to two, with Young and Matthew McNamara dissenting to hold a public hearing prior to the next Common Council meeting on April 18.
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