> Panhandling is not legal in Spartanburg, SC (Code 1988, § 13-64; Ord. of 11-30-2009)
> Panhandling has changed how businesses operate, and lose business.
> Panhandling is not legal on roads in South Carolina (SECTION 56 5 3180)
> So why are these individuals not being arrested?
> Why are individuals giving them money instead of real charities with vetted individuals whom need assistance?
> Panhandlers are not poor. They can make a decent living at begging.
SPARTANBURG, SC: Spartanburg Police were called to the QT (also known as Quick Trip), on Main Street to shag aggressive and disrespectful panhandlers from the property.
Sources suggest that the panhandlers were harassing customers conducting business and threatening the clerk when they were asked to leave the property.
Encountering panhandlers at local gas stations is nothing new and occasionally you will find them standing or sitting in places that are dangerous to themselves and others.
Difficult to see at times: A Hazard to Themselves and Others:
Occasionally they can be found sitting behind the bushes near Chick Fill A on Main Street in the Publix plaza. Drivers can not see these individuals occasionally if they are sitting along the curb, making this dangerous. Another place is Beaumont Avenue and Chesnee Highway, one may find a panhandler standing in the middle of the intersection making a left hand turn difficult as the individual does not have good balance.
Aggressive panhandling has become such a problem, traffic and harassment that at least one venue only allows payment via debit card, no cash.
Agressive Panhandlers
Entertainment District - Main Street
Hearon Circle Exit Ramps
Hillcrest Shopping Plaza, near Chick Fill A
Hillcrest Shopping Plaza, near intersection / exit near Clean 1 Laundry
Quick Trip Main Street, Spartanburg
Quick Trip Route 9, Boiling Springs
Legislation / City Ordinances: Spartanburg, SC
In 2009 aggressive panhandling made headlines so much so that a new ordinance was being considered, the ordinance would have made it illegal for someone to panhandle on private property after the owner has asked them to leave or has a posted sign prohibiting the practice; within 15 feet of a public toilet, ATM, parking lot pay box, public telephone, public transportation or any bus station, from any driver or passenger in a car that is in traffic or on a public street, in a city owned parking garage in the downtown square or within six feet of any entrance to a public building. Panhandling would have also been prohibited after sunset and before sunrise. Aggressive or intimidating panhandling would also be prohibited.
Also, panhandling would be prohibited after sunset and before sunrise. Aggressive or intimidating panhandling also would be prohibited. The new legislation or ordinance would have carried each offense is punishable by up to 30 days in jail or a $500 fine.
On October 19, 2020 a teenage girl waiting for their parents whom were shopping at Publix
were approached and told to roll down the window as the aggressive panhandlers attempted to solicit money from the child. They ran when she called her mother, whom was inside shopping.
Policy Opinions:
In the past, organizations such as National Coalition for the Homeless spokespeople have been quoted that the reason aggressive panhandling exists is because of a high number of low paying employment opportunities, yet they have no employment opportunities except as interns.
Source:
Career Opportunities. (n.d.). Retrieved November 27, 2020, from https://nationalhomeless.org/about-us/career-opportunities/
The Other Side of the Issue:
Individuals whom do not advocate for Aggressive Panhandling are commonly known as "Criminalizing Homelessness".
This is not the case, it is the Law of the State of South Carolina that states the practice of standing on a highway for the purpose of soliciting employment, business or contributions from the occupant of any vehicle."
SECTION 56 5 3180. Pedestrians soliciting rides or business.
(a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) Except when authorized by the provisions of Section 5 27 910, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
(n.d.). Retrieved November 11, 2020, from https://www.scstatehouse.gov/code/t56c005.php
Sec. 22-53. - Panhandling (commercial solicitation). Spartanburg Laws:
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Downtown square means the area defined by the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets: With the western border being South Spring Street, the southern border being Broad Street, the eastern border being Converse Street and the northern border being Dunbar Street. Panhandling means any request made in person on a street, sidewalk, or public place asking for an immediate donation of money or other thing of value. (b) Panhandling in certain areas. It shall be unlawful for any person to panhandle when the person who is being confronted is in any of the following places within the city, unless otherwise provided for in this section: (1) On private property if the owner, tenant, or lawful occupant has asked the person not to panhandle on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; (2) Within 15 feet of the entrance to or exit from any public toilet facility, which includes any temporary use site (port-a-toilet); (3) Within 15 feet of an automated teller machine (ATM), provided that when an ATM is located within an ATM facility, such distance shall be measured from the entrance or exit of the ATM facility; (4) Within 15 feet of any parking lot pay box; (5) Within 15 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility; (6) In any public transportation vehicle, or in any bus station, or within 15 feet of any bus stop or taxi stand; (7) From any driver or passenger in a motor vehicle that is in traffic on a public street; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle; (8) In a parking lot or garage owned or operated by the city, including entryways or exits and pay stations connected therewith; (9) No person shall panhandle within six feet of any entrance to any building open to the public; (10) The downtown square. (c) Nighttime panhandling. It shall be unlawful for any person to panhandle after sunset and before sunrise. (d) Aggressive panhandling. It shall be unlawful for any person to panhandle in any of the following manners: (1) By intentionally or recklessly blocking the path of the person being confronted; (2) By intentionally or recklessly approaching or speaking to or following a person before, during or after being confronted if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another, or damage to or loss of property or otherwise be intimidated into giving money or other things of value; (3) By intentionally or recklessly using violent, threatening gestures, profane or abusive language, either during the panhandling or following refusal; or (4) By persistently following the person being confronted with the intent of asking that person for money or other things of value after the person has given a negative response to such soliciting. (e) False or misleading panhandling. It shall be unlawful for any person to knowingly make any false or misleading representation in the course of panhandling a donation. False or misleading representations include, but are not limited to, the follows: (1) Stating that the panhandler is from out of town and stranded when such is not true; (2) Stating or suggesting falsely that the panhandler is either a present or former member of the armed service indicated; (3) Wearing or displaying an indication of physical disability, when the panhandler does not suffer the disability indicated; (4) Use of any makeup or device to simulate a deformity; or (5) Stating that the panhandler is homeless, when he is not. (f) Penalties. Penalties for violations of this section shall be as follows: Each act of panhandling prohibited by this subsection shall constitute a separate offense and be punishable by a fine in an amount not to exceed $500.00 or imprisonment for a period not to exceed 30 days or both. (Code 1988, § 13-64; Ord. of 11-30-2009)
Source: https://library.municode.com/sc/spartanburg/codes/code_of_ordinances?nodeId=COOR_CH22OFMIPR
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