South DaCola

Sioux Falls already has laws on the books to combat panhandling

l3wis June 28, 2021 16Comments

While the city is correct it is hard to manage panhandling due to the 1^st Amendment, they can only solicit face to face and not impede traffic which can mean fines for the solicitor and the contributor;

32-27-1. Yielding right-of-way to pedestrian making proper crossing–Regulated intersections–Violation as petty offense – The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing the highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. A violation of this section by a driver is a petty offense.

32-27-3. Local ordinances regulating crossing at controlled intersections – Local authorities in their respective jurisdictions may by ordinance require that at intersections where traffic is controlled by traffic control signals or by police officers, pedestrians shall not cross a roadway against a red or stop signal, and between adjacent intersections so controlled shall not cross at any place except in a marked or unmarked crosswalk.

CITY OF SIOUX FALLS ORDINANCE –> CHAPTER 130.000
SOLICITING. Asking for money, objects of value, or soliciting the sale of goods or services with the intention that the money or object be transferred. The goods sold, or services rendered immediately at that time, and at that place.
Soliciting shall include using the spoken, written, or printed word, bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

PROHIBITED ACTS:
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit on private property without first having obtained the permission of the owner or other person lawfully in possession of the property.
(3)No person shall solicit an operator or other occupant of a motor vehicle while the vehicle is in motion or part of traffic on a street or highway. This prohibition shall not include the advertisement of the sale of goods or services to be accomplished when the vehicle is no longer on a public street or highway.
(4) No person shall solicit by stating that funds are needed to meet a specific need, when the solicitor does not intend to use the funds to meet that need or does not have that need.
130.999 Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of §10.999 (Up to $500 Dollar Fine)

131.001 – Disorderly Conduct:
A person commits disorderly conduct when he or she knowingly:
(a) Creates a disturbance of the public order by an act of violence or by an act likely to produce violence;
(b) Engages in, promotes, instigates, encourages, aids or abets fighting or any similar violent threatening or tumultuous behavior;
(c) Makes or causes any unreasonably loud noise;
(d) Addresses profane, obscene or abusive language or threats of violence to any person present so as to create a clear and present danger of violence;
(e) Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity and have requested that the conduct and activity be stopped and explained the request if there is time;
(f) Fails to obey a lawful order of dispersal by a person known by him or her to be a peace officer under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm;
(g) Loiters, crowds or congregates on the public streets or sidewalks so as to unreasonably obstruct or interfere with pedestrian or vehicular traffic or use thereof or so as to create an unsafe condition for vehicular or pedestrian traffic or use of the street or sidewalk and who fails or refuses to disperse and move on when ordered to do so by a police officer;

As you can see, the city has plenty of ‘tools in the toolbox’ to combat illegal panhandling yet the only thing they (whoever they is) seem to be doing is putting up random traffic marquis for 24 hours and calling it good. Cruise control government, once again at its finest. I think we should give the panhandlers the addresses of all the city councilors and mayor and drive them to those neighborhoods to set up shop. I bet you could raise a lot of money on White Church Lane.

(MLZ contributed to this post with ordinance references)