HomeMy WebLinkAboutIR 9660 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9660
August 19, 2014
To the Mayor and Members of the City Council
Page 1 of 2
:az�l
107% SUBJECT: REGULATION OF SOLICITORS
PURPOSE
The purpose of this informal report is to update the City Council on methods to regulate solicitation
near intersections so that traffic congestion can be minimized. Although Council requested this report
on January 14, 2014, it was inadvertently misplaced due to the retirement of a staff member.
APPLICABLE CITY ORDINANCES and TEXAS TRANPORTATION CODE
• Section 30-7 of the City Code addresses solicitations near roadways but is rather restrictive in
that it mandates, among other things, that the solicitor be permitted / insured and wear a city
approved safety vest. It also lists a large number of intersections where this activity is
prohibited.
• Section 30-16 of the City Code addresses loitering for the purpose of begging regardless of
location.
• Texas Transportation Code Section 552.007 addresses pedestrian solicitation by barring the
action while standing in a roadway, but allows the local authority to authorize solicitation for
charitable contributions. Section 552.0071 requires a local authority to grant authorization for
a person to stand in the roadway to solicit a charitable contribution if the person is an
employee or agent of the local authority and the other requirements of the section are met.
ENFORCEMENT
Soliciting falls within two broad categories: events run by charitable organizations and "begging".
Although it is somewhat easier to regulate the charitable organizations, it is far more challenging to
police those that "beg for money". Officers generally address the mendicant via Ord. 30-16, but that
is becoming increasingly more difficult due to free speech concerns. When officers happen to make
custodial arrests, the person is usually released relatively quickly due to his/her indigence.
Due to the ineffectiveness of enforcing Ord. 30-16, officers are beginning to employ other laws such
as impeding traffic and disorderly conduct/breach of the peace when applicable. Unfortunately, the
majority of these individuals are doing nothing more than begging for money near public right-of-
ways, thus absent a law/ordinance change that specifically addresses panhandling, it will be very
difficult to manage them as we move forward.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9660
August 19, 2014
To the Mayor and Members of the City Council
Page 2 of 2
:az�l
107% SUBJECT: REGULATION OF SOLICITORS
ACTION STEPS
• Staff will survey other jurisdictions in an attempt to identify how others are addressing this
problem.
• Officers will continue to aggressively enforce the appropriate ordinances and statutes and will
work with the City Attorney's Office to explore other possible solutions.
CONCLUSION
The Police Department's stance on soliciting has not wavered. The safety of our citizens, including
the mendicant, will continue to be the driving force. Additionally, the Department is aware of the
public perception associated with such behavior as well as secondary issues such as citizens being
accosted and traffic slowdowns. In short, officers will continue to aggressively yet proactively address
these issues as well as respond to citizen complaints of same.
Deputy Chief Richard Reflogal can be contacted at 817.392.3901 should you have additional
comments or concerns.
David C. Cooke
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS