FORT SMITH (KFSM) — An ordinance was passed Tuesday (Feb. 21) by the Fort Smith Board of Directors to restrict panhandling throughout the city.
“We’ve received complaints about panhandlers on the street corners interfering with traffic flow, actually knocking on peoples doors while they’re stopped,” Vice Mayor Kevin Settle said.
The ordinance does not prohibit panhandling altogether due to First Amendment free speech rights.
However, the ordinance makes panhandling illegal:
- Before sunrise or after sunset.
- Within 150 feet of a street corner, intersection, highway interchange, bus stop, bank/ATM or private property without permission.
- Providing a false or misleading representation of why a panhandler needs money. Ex.) Being untruthful about having a disability, or being homeless.
- To ask for money within three feet of an individual.
- To use profane and abusive language, or threatening a solicited person.
The directors also voted to repeal a part of the municipal code allowing charities to solicit contributions on the streets.
“There’s some issues with some charities that we have to go through and understand how we can make exceptions for some charities, like the firefighters with the boot drive they do in the street,” Settle said.
There is not an emergency clause on the ordinance, therefore it will take 30 days to go into effect. If it’s revised, it will take 30 days after the revision to go into effect.
Directors also approved an ordinance Tuesday making it illegal to use any tobacco products at Fort Smith parks.
The only exception to the ban would be at public events happening at outdoor music festivals at Harry E. Kelley Park downtown. Smoking areas with receptacles would be allowed at these events.
The ordinance states that anyone caught violating the smoking ban would be fined a minimum of $25 for a first offense, and as much as $250 if violations continue.
