Atlantic City Weekly

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For years, this columnist and radio host has been besieged by people complaining about beggars on the Atlantic City Boardwalk and throughout the community. When asked for some way to control this issue, I was informed that the courts have ruled that there is a legal right for people to beg.

About six months ago, I read a story that said Raleigh, N.C., had instituted an ordinance that controlled begging. I brought it to the Boardwalk Committee and it was discussed at great length. Bruce Ward, a committee member, who at that time was the city’s First Ward councilman, is an attorney and said he would be happy to research the issue. He contacted Irv Jacoby, a member of the Atlantic City solicitor’s staff, and also a member of the Boardwalk Committee, who was pleased to be involved in such a project.

Ward and Jacoby contacted Raleigh’s city solicitor’s office for a copy of their ordinance and its history. They learned that several other cities had instituted similar ordinances. In the meantime, Ward was named Atlantic City’s solicitor and Jacoby was named deputy solicitor.

After careful scrutiny of the issue, they believed an ordinance could legally be instituted that would set parameters for begging in Atlantic City. On April 28, a city ordinance patterned around the Raleigh begging ordinance was introduced to City Council and was unanimously approved on the first reading. On May 12, the ordinance had its second and final reading and was again approved unanimously. I spoke with Mayor Lorenzo Langford about the ordinance and he said he would approve it the minute it reaches his desk.

That’s the basic background for this ordinance. It was good to see a quick response from the mayor and City Council. It does not stop begging entirely — as we noted previously, it is perfectly legal for people to beg — but it sets a time limit and specific requisites for their doing so.

The following is the ordinance:

Whereas, there being numerous complaints from residents and visitors, particularly the elderly, regarding aggressive behavior on the streets of Atlantic City, and whereas all residents and guests should have free and unhampered access to public areas of the city without fear of harassment or intimidation, the following are unlawful acts:

1. ‘Aggressively beg’ is defined as speaking or following a person in a manner that would cause a reasonable person to fear bodily harm or the commission of a criminal act upon the person or property upon the person’s immediate possession or would intimidate another person into giving money or goods.

2. ‘Ask,’ ‘beg’ or ‘solicit’ all mean to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means.

3. Pedestrian or vehicular interference means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

4. Public places means an area generally visible to public view and includes the Boardwalk, alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets opened to the general public, including those that serve food or drink or provide entertainment and the doorways and entrances to buildings, shops or dwellings and the ground and closing them.

Permits — It shall be unlawful for any person to ask, beg, or solicit alms (money for the needy) upon the streets or elsewhere in the city without first obtaining a permit from the city. Persons may apply for permission to ask, beg or solicit alms, which such permission shall be issued annually upon application and review by the Department of Licensing and Inspections. The permit shall be valid at for a period not to exceed one year and available at no charge or fee to the applicant. A photo ID is required with the application. A warrant check will be conducted before a permit is issued. At the time a permit is issued, the guidelines relating to the activity will be explained to the permittee.

Prohibited Acts — No person may ask, beg, or solicit alms, including money and other things of value, in an aggressive manner in any public place. Acts authorized as an exercise of one’s constitutional right to picket, the right to legally protest any acts authorized by permit or parades issued pursuant to the code of the City of Atlantic City shall not constitute obstruction of pedestrian or vehicular traffic.

1. A person is guilty of pedestrian interference if, in a public place, that person intentionally obstructs pedestrian or vehicular traffic or if that person aggressively begs.

2. No person may ask, beg or solicit alms in any public transportation vehicle or at any bus or train station or stop.

3. No person may ask, beg or solicit alms within 100 feet of any automatic teller machine (ATM)

4. No person may ask, beg or solicit alms from any operator or occupants of a motor vehicle that is in traffic on a public street.

5. No person may ask, beg or solicit alms from any operator or occupant of a motor vehicle on a public street in exchange for blocking, occupying or reserving a public parking space or directing the operator occupant to a public parking space.

6. No person may ask, beggars solicit alms in exchange for cleaning motor vehicle windows while the vehicle is in traffic or on a public street.