[MissoulaGov] panhandling ordinance

[Jim Lang]

Jim Lang wrote:

> I partially agree with Jim Lang, it does seem a bit overly broad.

>

>> / "It is unlawful for any person to lay or sleep upon any street, 

>> sidewalk

> />/ or other public right-of-way

> />/ within the city limits."

> /

> I'd prefer that if someone is laying or sleeping in city limits, that 

> it be in a low traffic area rather than a street or sidewalk.

>

> Are alleys considered 'public right-of-way'?  My guess is that they 

> would be.  I don't see any reason why anyone should be sleeping on the 

> sidewalk and would much rather that if someone felt the need to do so, 

> they move half of a block to a lower traffic area.  Or perhaps to a 

> park (which is allowed as far as I know, in the document as written).

>

> Would allowing alleys be something that you could be comfortable with, 

> Jim?

>

> Seth McClain

>


Well, obstructing an alley is no better than obstructing a sidewalk or
any other right of way.  My point is that if the supposed intent of the
ordinance is to outlaw pedestrian interference, that's all that it
should do.  It should not outlaw behavior that does not interfere with
pedestrians or other traffic.

Why not:
"It is unlawful for any person to obstruct traffic upon any street,
sidewalk or other public right-of-way within the city limits."

or similar verbiage?  Do we really want to make it a crime to sleep or
lay down?  That would essentially criminalize homelessness.

Jim Lang