SALISBURY — Over the past six months, the city of Salisbury has been working on figuring out an appropriate response to the recent rise in complaints regarding concerns over panhandling.

Panhandling is defined as stopping people on the street to ask for food or money.

At the Feb. 6 city council meeting, City Attorney Graham Corriher said that he, City Manager Jim Greene, Homeless Liaison Dennis Rivers, the police department, public works and the transportation department have been collaborating on the best ways to handle panhandling within Salisbury.

After studying what other municipalities are implementing, what Salisbury can do within the confines of the law and researching panhandling in depth, Corriher led a presentation explaining revisions to the city ordinances associated with panhandling.

Corriher said Salisbury is not allowed to outlaw panhandling completely because it counts as free speech.

“Panhandling is legal. It is a constitutionally protected form of free speech. By panhandling, I just don’t mean what we would call begging, but any solicitation any charitable solicitation is legal.

So, that includes an individual asking for a contribution for themselves or an individual asking for a contribution on behalf of another cause,” Corriher said.

However, Corriher did say it could be regulated if it pertains to public safety.

“We can adopt what’s called time, place and manner restrictions,” Corriher said.

Salisbury did have an ordinance a number of years ago that stated panhandling was unlawful, which was unconstitutional. Corriher said it opened the door for the city to be sued and be forced “to pay substantial fines” if anyone challenged it. It has since been repealed.

The newly proposed ordinances will not do away with panhandling, but it will set 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 general, a person cannot stand on any of the medians located at “high-traffic or high-collision roads” unless they are actively crossing the street and they cannot be within 100 feet of those roads.

“The effect of the 100 feet rule is that it would prohibit someone from standing on a median that is on a side street where the side street intersects with one of the streets,” Corriher said. “This isn’t just panhandling, this is anybody, you can’t stand on that. This is totally unrelated to regulating speech, that’s an important distinction to make here. 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.

A few of the areas that could potentially have median constraints are on Mooresville Road, Statesville Boulevard, Jake Alexander Boulevard, Julian Road and Faith Road. Corriher said this list could be modified if the city gathers new, relevant traffic data in the future.

“The idea is to update this. The D.O.T. updates their traffic numbers, the ordinance would automatically update,” Corriher said.

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 ordinances 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.

No action was taken during the city council meeting, but it will be discussed at the next one.

“When there’s a criminal penalty to an ordinance, council has to approve it twice. If they’re satisfied with it, they would vote on it at the next meeting and that would be the first reading and then they’ll have to come back and vote on it again,” Corriher said.

In the meantime, council agreed to begin the process of installing “non-regulatory signs” with the goal to “prevent engagement” with panhandlers through education.