“Not While We’re Eating!” 

Beach Refers Anti-Panhandling Ordinance to Committee for Further Study 

“Who’s going to be the officer that will arrest someone from the Salvation Army?” –Miami Beach Commissioner Jose Smith.

By Jason Jeffers
Staff Writer

The Miami Beach City Commission is considering the passage of a new law that would prohibit panhandling in designated areas of the city.

The proposed ordinance was suggested by Commissioner Richard Steinberg, and was discussed at the commission’s meeting last Wednesday.

“This came about after we received numerous complaints dealing with aggressive panhandling,” Steinberg said. “It happens all the time. You’re having lunch or dinner and someone approaches your table to beg for money. Frankly, that’s not the type of situation we want people who are living or visiting here to have to encounter.”

Steinberg said the ordinance, which was drafted with the City Attorney’s office, was similar to restrictions in place in other cities such as downtown Orlando. The ordinance would seek to create a 10-foot buffer zone around any sidewalk café in which panhandlers would be able to solicit money.

The intent would be to reduce the amount of panhandling that takes place on some of the city’s more popular streets such as Ocean Drive and Lincoln Road.

The proposed ordinance was met with approval from local businesses that have had to deal with panhandlers disturbing their patrons.

“We applaud the efforts of the commission to deal with this problem,” said Marlo Courtney of the Ocean Drive Association. “Guests at my hotels often complain to the staff about this very situation. We want to see something enforced.”

But further discussion revealed that the ordinance as currently drafted would not distinguish between individuals begging for money and charitable organizations seeking donations from passers-by. City Attorney Murray Dubbin also explained that there was already a county law in place prohibiting aggressive panhandling.

“Who’s going to be the officer that will arrest someone from the Salvation Army?” queried Commissioner Jose Smith. “Are we sure we want to endorse this? The ordinance is perhaps too broad because it covers people we don’t want to include.”

“I don’t want to throw more work at the Police Department if we already have something on the books to deal with this,” said Commissioner Luis Garcia. “The more law we create, the more criminals we create.”

Police Chief Donald De Lucca explained that although there was already a county law in place to restrict aggressive panhandling, it was difficult to enforce, as a police officer has to witness the act before taking any further action.

“This is the type of tool we need right now,” De Lucca said. “I think the issue has to be dealt with as a whole, but this is definitely a step in the right direction.”

“We have to be careful, we don’t want to send the message that this is a harsh insensitive city,” said Smith.

The commission finally voted unanimously to refer the ordinance to the Community Affairs Committee for further review.