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04-16-19 - Item 03 - Consideration of Placing Say NO TO PANHANDLING Signs in Designated City Areas- CouncilWoman Lopez-ViadoAGENDA ITEM NO. 3 AGENDA STAFF REPORT City of West Covina | Office of the City Manager DATE:April 16, 2019 TO:Mayor and City Council FROM:David Carmany Interim City Manager SUBJECT:CONSIDERATION OF PLACING “SAY NO TO PANHANDLING” SIGNS IN DESIGNATED CITY AREAS-COUNCILWOMAN LOPEZ-VIADO RECOMMENDATION: It is recommended that the City Council direct the City Manager to install “Say No To Panhandlers” signs in designated areas within the City. BACKGROUND: Panhandling is a solicitation made in person for immediate donation of money or other gratuity. Aggressive panhandling is generally understood as panhandling that uses coercive tactics such as badgering, harassment, threats or demand of money to name a few. Aggressive panhandling has been associated with increased blight within neighborhoods, and raises safety concerns. The issue of panhandling or aggressive panhandling in the City of West Covina (City) has risen over the past few years. Residents have voiced their concerns regarding increased traffic hazards and traffic congestion due to panhandling activity at freeway on-ramps and off-ramps. During the February 5, 2019 City Council Meeting, Councilwoman Lopez-Viado requested to agendize an item related to the regulation of panhandling along City streets and freeway entrances. Councilwoman Lopez-Viado also requested that City staff research how other neighboring cities such as Upland and Pomona have addressed this problem in their cities and whether signs have helped to minimize the impacts of certain panhandling activity. This staff report examines whether the City can use similar signage to address similar panhandling problems in the City of West Covina. DISCUSSION: FIRST AMENDMENT PROTECTED SPEECH Requests for money constitute speech protected by the First Amendment. The City, therefore, cannot totally prohibit solicitation activity. The City can, however, enforce existing statutes which relate to aggressive panhandling. The following are examples of statutes that the City can enforce: First, Vehicle Code section 22520.5 generally prohibits solicitation and vending activity within 500 feet of freeway on-ramps; Second, Penal Code section 647c makes it a crime if a person "willfully and maliciously obstructs the free movement of any person" in a place open to the public; Third, Penal Code 602 prohibits specified trespassing activities. Subsection (t) creates a misdemeanor when a person who was previously convicted of a crime in that location refuses to leave, after the property owner (or agent) requests the person leave. Staff has looked at other cities with respect to their approach to reducing panhandling within city limits: THE CITY OF UPLAND The City of Upland created a program through a private committee of residents formed by a member of its City Council. The program was aimed at addressing the City's panhandling issues. The committee decided to place signs in problem areas. The committee received approval from the City Council and the signs were purchased and installed by City staff and handed out to local merchants by the committee volunteers. The “Say No To Panhandlers” signs were designed to help educate the public about panhandling and according to the Upland Police Department, have reduced panhandling in areas were the signs were placed. •Metal “No Soliciting Street and Highways” signs were placed at freeway on-ramps and off- ramps by the City and are enforced by Vehicle Code Section 22520.5 which refers to solicitations on freeway on-ramps and off-ramps. •Cardboard “Say No To Panhandlers” signs were given to local businesses in shopping centers by its volunteer committee as a deterrent only and cannot be enforced by the vehicle code. The City uses its municipal code section to enforce aggressive panhandling in areas of the City other than the freeway on-ramps and off-ramps. The City of Upland and the courts have collaborated to ensure the enforceability of the City's municipal code section. A violation of its municipal code results in the issuance of a misdemeanor citation. In addition to making the signs, the City of Upland is currently working with CalTrans to have certain signs placed on CalTrans property. THE CITY OF POMONA The City of Pomona has installed “Say No To Panhandlers” signs within its City boundaries to reduce panhandling at freeway on-ramps and off-ramps and other adjoining intersections. In addition, the City has partnered with community leaders to distribute “It's Okay To Say No To Panhandlers” signs at other problem locations such as local business where panhandlers tend to gather. •Metal “Say No To Panhandlers” signs were placed at the freeway on-ramps and off-ramps by City staff. These signs are enforced by Vehicle Code Section 22520.5 which refers to solicitation within 500 feet of freeway on-ramps and off-ramps. •Cardboard or paper “It’s Okay To Say No To Panhandlers” signs were handed out to local business by volunteers for placement in shop windows as a deterrent to stopping panhandling activity. These signs cannot be enforced by the vehicle code section. The City of Pomona’s intent for the signs is to send the message that giving out money in these designated areas increases blight, creates traffic hazards, and reduces the quality of life for nearby residents. The “Say No To Panhandlers” signs are intended to help educate the public about panhandling. According to Pomona’s Police Chief, the City has seen approximately 80% reduction in panhandling in areas where the signs were placed. The City of Pomona also has a municipal code that addresses panhandling. The Pomona municipal code prohibits solicitations within certain areas (e.g. within 25 feet of ATMs) and solicitation in aggressive manners. The majority of the misdemeanor citations issued are rejected or turned into fines by the courts for the violator. THE CITY OF EASTVALE The City of Eastvale is patrolled by the Riverside County Sheriff’s Department. The City recently adopted a portion of the panhandling sign program from the Upland Police Department. The City Manager was provided direction by the City Council to purchase and install panhandlers signs in the community. To date, no signs have been placed in the City. The City of Eastvale has an ordinance in place that addresses aggressive panhandling at parks and other designated areas. Citations are issued to violators but unlike Upland, its citations are only fine based and are not prosecuted in the court. The City is responsible for collecting any such fine. Any solicitation on the freeway on-ramps and off-ramps are enforced by the vehicle code. The success of this program within the City of Eastvale is yet to be determined due to the infancy of the program. CITY OF WEST COVINA The City of West Covina can follow a similar path taken by the cities of Upland, Pomona and Eastvale by implementing a “Say No To Panhandlers” signs program. The signs could be placed in designated areas of the City and also on freeway property once the signs are made and authorization has been granted by CalTrans. Volunteers can start distributing Cardstock signs to business owners within approximately three to four weeks. Signs placed on CalTrans property could take one month to make and several more weeks to install depending on CalTrans decision to allow the signs on their property. The Deputy District attorney who oversees criminal prosecutions in West Covina stated the court will accept citations for violations of Vehicle Code section 22520.5 [freeway vending], Penal Code section 647(c) [accosting in public places] and Penal Code 602(t)(2) [trespass after request to leave from place of prior conviction]. LEGAL REVIEW: With or without a sign in place with respect to on-ramps and off-ramps, the police can issue citations for violations of State law. The proposed “Say No To Panhandlers” signs, would remind the public that they don't have to aid panhandlers. The City’s Municipal Code does not carve out special rules which apply only in West Covina regarding aggressive panhandling. The following statutes, summarized above, potentially apply to panhandling:            California Vehicle Code section 22520.5.  "(a) No person shall solicit, display, sell, offer for sale, or otherwise vend or attempt to vend  any merchandise or service while being wholly or partly within any of the following:  (1) The right-of-way of any freeway, including any on-ramp, off-ramp or roadway  shoulder which lies within the right-of-way of the freeway. (2) Any roadway or adjacent shoulder within 500 feet of a freeway off-ramp or on- ramp. (3) Any sidewalk within 500 feet of a freeway off-ramp or on-ramp, when vending or  attempting to vend to vehicular traffic. (b) Subdivision (a) does not apply to roadside rest area or vista point located within a freeway  right-of-way which is subject to Section 22520.6, to a tow truck or service vehicle rendering  assistance to a disabled vehicle, or to a person issued a permit to vend upon the freeway  pursuant to Section 670 of the Streets and Highways Code. (c) A violation of this section is an infraction. A second or subsequent conviction of a violation  of this section is a misdemeanor." California Penal Code section 647c: "Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor. Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public." California Penal Code section 602(t)(2) "602. Except as provided in subdivisions (u), (v), and (x), and Section 602.8, every person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor: ... "(t) (1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that he or she is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision. (2) This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property." The City Attorney has reviewed this report. OPTIONS: The City Council has the following options: 1.Approve staff's recommendation; or 2.Provide alternative direction. Prepared by: Richard Bell, Captain Additional Approval: Nikole Bresciani, Assistant City Manager/Public Services Director Fiscal Impact FISCAL IMPACT: Staff recommends that a total of ten (10) signs be installed along the Interstate 10 Freeway corridor, with permission of Caltrans as appropriate. The signs will cost up to $65 each (including signs, poles, and cement), plus installation labor costs. The Maintenance Division of the Public Services Department will fund the cost of the signs from Account No. 124.41.4151.6254, and will also fund the installation/labor costs of Maintenance Division workers. No additional appropriation is needed for Fiscal Year 2018-19 Attachments Attachment No. 1 - No Soliciting Sign Attachment No. 2 - Say No To Panhandlers Sign Attachment No. 3 - It's OK To Say No To Panhandlers Sign CITY COUNCIL GOALS & OBJECTIVES: