Panhandling:
Legislation proposed (Dayton ordinance)
City of Dayton Provision on Registration
of Panhandlers (2004)
Sec. 137.20. Registration.
(A) No person shall panhandle without a registration issued
by the Chief of Police. The registration shall include the name and photograph of the
person to whom it is issued. Any person who has been registered shall display the
registration in plain view on the front of that person at all times while panhandling. No
person whose registration has been revoked shall panhandle for a period of two years
following the revocation.
(B) The Chief of Police shall issue the registration,
without fee, to any eligible person who presents himself or herself at the City of Dayton
Safety Building, states his or her true name, presents a photo identification or signs a
declaration under penalty of perjury that he or she has no such identification, and
permits himself or herself to be photographed and fingerprinted.
(C) A person is ineligible to register if, and only if,
within the past five years he or she:
(1) Has pleaded guilty to or been convicted of two or more
violations of § 137.20;
(2) Has had a registration revoked pursuant to subsection
(F) below; or
(3) Has pleaded guilty to or been convicted of two or more
offenses under the laws of any jurisdiction which involve aggressive or intimidating
behavior while panhandling or false or misleading representations while panhandling.
(D) Upon receipt of an application for registration in
accordance with subsection (B) above, the Chief of Police shall issue a temporary
registration valid for ten days and shall determine eligibility for a regular registration
before the temporary registration expires. An eligible applicant shall receive a regular
registration upon determination of the applicant's eligibility. The regular registration
shall expire one year from the date of issuance. Along with the registration, the Chief of
Police shall give the applicant a copy of this section.
(E) No person shall make a false or misleading
representation while applying for registration under this section.
(F) Upon arrest for any violation of ... a panhandler shall
release to the arresting officer any registration issued under this section to the
arrestee. The arrestee may apply to the Chief of Police for consecutive 30-day temporary
registrations pending adjudication of the arrest case. The Chief of Police shall revoke
any registration issued under this section to a person who has pleaded guilty to or been
convicted of a violation of (these sections.)...
(G) Any applicant shall have the right to appeal the denial
or revocation of registration by immediately requesting review by a court of competent
jurisdiction or by appealing the decision to the Citizens Appeal Board. The appeal to the
Citizens Appeal Board shall be taken by the applicant within five days after receipt of
the notice of denial by filing a written notice with the Chief of Police. The Citizens
Appeal Board shall consider the appeal at the next regularly scheduled meeting following
receipt by the Chief of Police of the notice of appeal. The Citizens Appeal Board shall
direct the Chief of Police to issue the registration if the applicant has met the criteria
set forth in this section for issuance of a registration. The applicant may appeal the
decision of the Citizens Appeal Board to a court of competent jurisdiction.
(Ord. 29896-00, passed 12-27-00; Am. Ord. 30359-04, passed
6-2-04) |
