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Port Orange ordinance restricting panhandling moves forward

PORT ORANGE, Fla. — At a special meeting Thursday, the Port Orange City Council voted to advance an ordinance that would place restrictions on panhandling.

The council voted unanimously to approve a first reading of the ordinance.

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A second reading is set to take place Feb. 9, at which point it will go into effect if passed.

Mayor Don Burnette says aggressive panhandling has become a major problem in the city.

“We’ve been watching and the problem has been getting progressively worse.”

However, civil liberties advocates feel the ordinance could be a violation of a person’s right to free speech.

The ordinance mirrors a similar measure passed in Daytona Beach that requires panhandlers to remain at least 20 feet from ATMs, businesses, and bus stops, and 150 feet from major intersections.

American Civil Liberties Union attorney Jackie Azis describes the ordinance as “misguided” and potentially unconstitutional.

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“This is a content restriction on speech...criminalizing a request for charity is not the answer for helping the city’s vulnerable residents,” Azis says.

Mayor Burnette says the move is necessary as his city has seen an influx of aggressive panhandlers since Daytona Beach put its ordinance in place. He says it’s had a negative effect on his residents and businesses.

“They’re tearing up the bathrooms, defecating and doing things like that,” Burnette says. “We’re finding drug paraphernalia sometimes, and that’s part of that aggressive panhandling problem and that part of it we just can’t have.”

Azis says the ACLU will be monitoring the situation.

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Posted by Port Orange City Hall on Thursday, January 21, 2021

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If passed, unlawful panhandlers could face a fine of up to $500, 60 days in jail, or both.