ENCINITAS — The Encinitas City Council opted not to move forward with a new ordinance to address panhandling in the city last week, instead directing city staff to bring back ideas for a giving campaign that would allow residents to support unhoused individuals through donations.
Councilmember Jim O’Hara initiated a discussion at the council’s June 18 meeting about a possible ordinance. He noted that individuals who are panhandling can sometimes make others feel unsafe or uncomfortable by being too aggressive, and can sometimes impact businesses and tourism.
O’Hara also said that while some residents may want to help their neighbors in need, there’s no way to know how those asking for money will use it. The city could help with this, he said, by providing residents with reliable sources to donate to, where they know their funds will be used to help people.
“We’ve all been in the place where we see that mom sitting on the corner with her kid, or that guy standing there with his dog, and you’re like, ‘I really want to help this person, but I don’t know if they’re going to take the money and help themselves, or if it’s going to do something that prolongs this cycle they’re stuck in,’” O’Hara said.
While panhandling is a form of free speech, the Encinitas Municipal Code, the California Penal Code, and the vehicle code all outline regulations for where this activity is permitted.
The vehicle code prohibits panhandling within 500 feet of a freeway off-ramp or on-ramp, which is where much of the activity occurs in Encinitas. The city’s municipal code forbids non-charitable solicitation without a permit, and the penal code characterizes “aggressive panhandling,” including accosting, intimidating or threatening others in public, as a criminal offense.
Private property owners can also forbid panhandling on their property.
Due to existing codes, Councilmember Joy Lyndes said it would not be fiscally prudent to pursue a new ordinance regulating panhandling.
“Along those lines, we don’t want to duplicate our efforts, and we don’t want to put a lot of staff time and staff cost into creating a new ordinance that might already be covered by existing ordinances,” Lyndes said.
Most panhandling situations in the city involve individuals standing with signs near freeway exit ramps, and do not involve any criminal behavior, said Capt. Shane Watts of the North Coastal Sheriff’s Station.
Watts noted that the Sheriff’s Office tries to connect individuals to resources whenever possible, rather than issuing citations right off the bat.
“We really want to get them the resources, otherwise they’re just going to go somewhere else and do it,” Watts told The Coast News.
The Sheriff’s Office has cited six individuals under the municipal code for panhandling to date, he said.
Other council members said they would like to discourage unsafe behaviors, such as standing on traffic medians to solicit money, and expressed their support for a donation campaign that allows people to contribute.
City Manager Jennifer Campbell said that other cities have organized similar campaigns, and she could present something for the Encinitas City Council to consider.
“I am very happy to bring back a giving campaign for the unhoused and unsheltered to receive services,” Campbell said.
Some members of the public shared concerns about over-criminalizing homelessness. Resident Elizabeth Whitaker noted that asking for money is protected free speech, and said punishing people for seeking help can push them further to the margins.
“It is not illegal to ask for help,” said Whitaker. “When we infringe on one human being’s civil liberties, such as speech, we put all of our rights at risk as a community.”
Others said they supported citing individuals who are panhandling, noting that this can be a wake-up call to them to break out of a harmful cycle when they are service-resistant or use money for drugs or alcohol.
“We need to rethink what compassion means,” said resident Rachel Graves, reminding the council of the goals outlined in their Homeless Action Plan.
Watts said unhoused individuals who are cited for panhandling and other offenses are directed to homeless court, a program where they can seek to have fines reduced or eliminated while being connected to services.
O’Hara said he is not seeking to criminalize anyone, and appreciates the intervention of the Sheriff’s Office. He said providing an “appropriate” way for people to support those who are unhoused would benefit the community.
“I think we’d do a great service to our residents and our city by giving them peace of mind,” O’Hara said.
