INC NEWS - [pac2] RE: agenda and proposed resolutions for April 25 meeting

Newman Aguiar newman at nc.rr.com
Thu Apr 20 23:19:11 EDT 2006


Indeed, Bill.  As you and Ken are well aware, if I didn't have an ongoing
conflict with the meeting date, you know I would be there with bells on.

 

Regardless of how the proposed change is worded, based on the efforts of
other cities and well documented evidence of these efforts, we have two
options (permit me to oversimplify):

 

1.	Stop giving money to panhandlers (or any roadside vendor) - give to
your favorite charity - panhandling reduces or stops - community wins (NO
COST OPTION) (Note:  removing street vending has been shown to have negative
effects on local economy; conversely, managed street vending has been shown
to have positive economic effects on the local community)
2.	Enact the proposed ordinance change

a.	ordinance is never enforced - panhandling continues (most likely
scenario based on the data)
b.	ordinance is enforced (consistently or selectively) - taxpayers pay
significant cost for enforcement - we feel like we have done something
useful - panhandling continues (perhaps, gets displaced) (COSTLY) (Add to
costs, the negative economic impact caused by removal of street vendors)

 

The evidence is out there.  Nothing in the proposed change offers any new
idea that hasn't already been tested and failed.  Perhaps there is the
public will to go forward with the proposed change.  You and Ken have stated
how you will vote.  I cannot be at the meeting, so I won't be voting.  I
really don't know where our community stands on this.  I truly hope we don't
go down a path that will be costly and do nothing to change the situation
and perhaps, make it worse (since, if enforced, very likely some street
vendors will be converted to panhandlers).

 

Newman 

 

 

 

  _____  

From: inc-list-bounces at rtpnet.org [mailto:inc-list-bounces at rtpnet.org] On
Behalf Of TheOcean1 at aol.com
Sent: Thursday, April 20, 2006 10:26 PM
To: ken.gasch at hldproductions.com; inc-list at durhaminc.org
Cc: pac2 at yahoogroups.com
Subject: Re: INC NEWS - [pac2] RE: agenda and proposed resolutions for April
25 meeting

 

Newman

 

 I'll second that. Was at both meetings, and speak for all when I say your
presence is dearly missed. Not being at either meeting doesn't lessen the
weight of your words Newman, we all know and respect you, and understand
you've looked into the efforts of other cities, etc. 

 

 However, the current phrasing is much more "let's find a better solution
than having our needy stand on the curb and beg", than it is an "anti
panhandling" effort. I understand other cities have semi-failed, but it is
even more insane to continue delivering undocumented amounts of cash in an
unsafe location... namely our intersections.

 

 I will be supporting the motion, but always hope the neighborhoods come get
the story first hand. 

 

Tues, April 25 at 7pm in the Herald Sun building on Pickett Road

 

Bill Anderson

 

In a message dated 4/20/2006 9:42:44 P.M. Eastern Standard Time,
ken.gasch at hldproductions.com writes:

Newman,

I was present when Lewis Cheek came to speak about this proposal at both 
PAC2 and at INC.  I have given the matter a great deal of thought.  I have 
visited at length with "solicitors" in my neighborhood.  I have come to the 
conclusion that this change in our solicitation ordinance will positively 
impact the current situation.  I hope that neighborhood reps show up and 
vote in favor of this change.

Respectfully,

Ken Gasch

ORDINANCE REGULATIN SOLICITATION ON THE

STREETS AND HIGHWAYS OF DURHAM COUNTY



WHEREAS, pursuant to N.C.G.S.  153a-121-153A-125, and 153A-176, the Board of

Commissioner may regulate begging, solicitation campaigns, and salesmen; and



WHEREAS, begging and the solicitation of money for charities or businesses 
in the streets and highways of Durham poses a significant hazard both to 
pedestrian and motorists, and



WHEREAS, begging and the solicitation of money in the streets and highways 
of Durham poses a significant opportunity for fraud and misrepresentation,



NOW, THEREFORE, THE BOARD OF COMMISSIONERS FOR THE COUNTY OF DURHAM DOTH 
ORDAIN:



  1.. That the Durham County Code of Ordinances is hereby amended by adding 
a new article to be numbered Article IV of Chapter 22, which article reads 
as follows;


ARTICLE IV.  SOLICITATION ON THE STREETS AND HIGHWAYS



Sec 22-61  Solicitations defined


            For the purposes of this article, "solicit" shall mean the 
asking for money or objects of value, with the intention that the money or 
object be transferred at that time, and at that place.   Solicitation shall 
include using the spoke, 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.



Sec 22-61 Solicitation prohibited
            It shall be unlawful for any person to solicit an operator of 
other occupant of a motor vehicle while such vehicle is located on any 
street or highway.  Provided, however, that this section shall not apply to 
services rendered in connection with emergency repairs request by the 
operator or passenger of such vehicle.



Sec. 22-62 Jurisdiction
            This article shall be effective for all of Durham County not 
within a city, and effective in such city or cities, which have by 
resolution permitted this article to be effective within each city or cities



  2.. This Ordinance shall be effective on ratification


This the _____day of______, 2006


----- Original Message ----- 
From: "Newman Aguiar" <newman at nc.rr.com>
To: <inc-list at durhaminc.org>
Cc: <TrinityPark at yahoogroups.com>; <pac2 at yahoogroups.com>
Sent: Thursday, April 20, 2006 8:11 PM
Subject: [pac2] RE: INC NEWS - agenda and proposed resolutions for April 25 
meeting


>* Vendors in Roadside Right of Way -- FINAL VOTE
>
> "We, the membership of the Inter-neighborhood Council, support a change to
> Durham's current solicitation ordinance that would bar solicitation from
> rights-of-way in Durham."
>
> I hope sufficient neighborhood reps show up for the April 25 meeting to 
> vote
> this down.  There has been significant discussion on this issue and it
> troubles me that INC would take up a resolution in support of a change, 
> even
> though strong evidence has been shown, that such a change would do little 
> or
> nothing to address the current situation.
>
> Newman
>
>
>
>
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