Ria Titus, Staff Writer for the Powderhorn
In Watauga County, a common sight for residents is pulling up to a road and seeing a person holding a cardboard sign asking for help. This instance is called panhandling, which is a person-- oftentimes homeless-- asking for assistance or money without offering anything in return. The homeless community in Watauga isn’t abnormally large, but it isn’t small either. The act of panhandling was a useful way for many homeless people to receive aid from regular people across the county. However, in November, a county ordinance was enacted that prohibited panhandling.
Under the ordinance, it is illegal to beg, panhandle, or solicit within 20 feet of an outdoor ATM. In addition, it is illegal to solicit for money while standing on a street, highway, median, or shoulder; or while targeting occupants of motor vehicles. After the new ordinance appeared in the news, people wondered whether it would be enforced in their own area. Different areas of the county have varying degrees of homelessness. Blowing Rock is one area where homelessness is not a huge factor. The town is known for trying to portray a wholesome image with no problems around town.
"That's more out in the county [the panhandling policy]. We have our own panhandling ordinance for Blowing Rock, [and] Boone does as well. So your jurisdiction for police, you've got the Boone city limits, which would have their own ordinances,” said Alan Hunt, the patrol lieutenant for the Blowing Rock Police Department. “Then you've got the town of Blowing Rock. You'd have like Beech Mountain, Seven Devils, and then anything that doesn't lie within those city jurisdictions would be covered under county ordinances, and that particular ordinance that was run in the paper is a county ordinance.”
What the lieutenant is saying is that country ordinances are not applied in towns. Blowing Rock has its own separate clause on panhandling that isn’t really affected by this. It’s the areas outside of town limits that are really affected. This created confusion among many people, who might have assumed it would be applied in Boone and Blowing Rock.
Panhandling isn’t really a common issue in Blowing Rock, according to Lieutenant Hunt.
“Honestly, I can't recite it because Blowing Rock really doesn't have an issue with it,” he said. “When we get a call that someone's doing it, I normally have to pull our ordinance back out just to refresh on it”.
In Blowing Rock, the town code prohibits begging, which would encapsulate panhandling. Section 5-5 of the Blowing Rock Town Code states that “no person may within any public street or sidewalk or on other town property engage in begging or canvassing the public for contributions for the private benefit of the solicitor.”
Violations of this rule result in what is listed in Section 5-8 of the town code. It states, “A violation of any of the provisions of this chapter shall constitute a misdemeanor, punishable as provided in G.S. 14-4. A violation of any of the provisions of this chapter shall also subject the offender to a civil penalty of one hundred dollars ($100.00). If a person fails to pay this penalty within ten days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. The town may seek to enforce this chapter through any appropriate equitable action. Each day that a violation continues after the offender has been notified of the violation shall constitute separate offense. The town may seek to enforce this chapter by using any one or a combination of the foregoing remedies.”
In the county ordinance, however, the punishment is considerably harsher. Disobeying it results in a Class 3 misdemeanor, which has a maximum fine of $200, with a possible jail term of up to 20 days, but only if an individual has 4 or more prior convictions. Those with 3 or fewer prior convictions may receive only a fine.
While these ordinances have a goal of regulating public spaces, they can impact the people who use panhandling as a way to survive. For people affected by homelessness, asking for money from passersby is one of the only ways that they can get money for needs like food and transportation. Limiting the locations that people can panhandle pushes individuals to find other, sometimes criminal, ways.
Supporters of anti-panhandling rules argue that they help maintain traffic safety and prevent disturbances in busy areas. Others defend panhandling and believe that outlawing it makes it harder for individuals who are already struggling. Discussions about homelessness continue, trying to balance the need for regulation of public spaces and also supporting community members who are in an unfortunate position.
Panhandling laws ultimately depend on your location. Even though there was a county ordinance, the towns follow their own rules. These regulations help with public safety, but also, in turn, impact the homeless negatively, according to many people. The issue continues to raise questions on what will be done, especially when the homeless population is rising.