Police Chief Scott Anderson Informs Commissioners His Communications Equipment is Outdated and Will Need Replacement Within Two Years.

By Terry Witt – Spotlight Senior Reporter

An ordinance aimed at giving Chiefland police the power to stop aggressive soliciting was given unanimous final approval Monday night at the Board meeting.

Police Chief Scott Anderson asked for the ordinance after numerous run-ins with visiting groups that used business parking lots to aggressively approach cars or people on foot asking for money.

He had no legal tools to deal with the groups or individuals aggressively soliciting in business parking lots or city streets. The new law gives him legal authority to fine or arrest people engaging in aggressive solicitation.

A violation of the ordinance would be punishable by a fine of up to $500 or a jail sentence of not more than 60 days or both. Each violation would be considered a separate offense.

Aggressive solicitation means approaching or soliciting or attempting to solicit for employment or for business and charitable contributions of any kind, “in such a manner as would cause a reasonable person to believe that the person is being threatened with imminent bodily injury.”

The ordinance prohibits people who are soliciting from committing criminal acts on the victim, to touch a person while soliciting or attempting to solicit or to engage in any act intended to “intimidate, compel or force the solicited” comply with the demand.

It also prohibits any action that might distract drivers with communications, written or oral, that causes a traffic hazard.

City Attorney Norm Fugate said the new law defines what is meant by aggressive solicitation but it also gives officers enough leeway to use their own judgment in determining if the act is aggressive.

The annual Life Chain in Chiefland would not be considered aggressive solicitation. People don’t force drivers to pull over. They stand quietly on sidewalks holding signs.

Cheerleaders could stage fund-raising activities in a business parking lot with the business owner’s permission without violating the ordinance.

The people currently using the sidewalk in front of Wal-Mart to solicit donations can do so legally. They have the permission of the store manager.

The city was making use of an existing state law that prohibits solicitation on state and federal highways and intersections, but now it has its own law prohibiting aggressive solicitation on city streets and parking lots.

The new law goes into effect immediately.

City officials used the Center for Problem-Oriented Policing Guide No. 13 for guidance in drafting the new law but customized it for Chiefland and the city’s unique needs.

The Policing Guide states in one section that “if a panhandler uses physical force or extremely aggressive actions the panhandling may be considered a robbery.”

Another section of the Policing Guide says “panhandling intimidates some people, even causing some to avoid areas where they believe they will be panhandled.”

NEW COMMUNICATIONS SYSTEM NEEDED

Anderson gave the city notice that he will need a new radio communications system in two years. He said the equipment is outdated and he has no recording equipment for radio communications from dispatchers to police cars and police officers.

The officers carry body cameras for keeping a video and audio record of how officers deal with arrests and citations when they are on the road but the city has never had a recorder for a dispatcher to car communications.

Anderson said even the body cameras are getting old. The newest body cams are four years old. Technology is changing. New body cams will be needed to replace the old ones.

Anderson said the lack of a recorder does pose potential liability problems. He said he has no idea what a new communications system would cost.

The city dispatches its own officers from 8 a.m. to 5 p.m. but relies on the sheriff’s office to dispatch officers at night and on weekends.

“Monday through Friday it’s not recorded,” Anderson said.

Anderson said he will need a new communications system within two years
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“I just figured I would put you on notice, it’s coming,” he said.

City of Chiefland Regular Meeting April 9, 2018
Posted April 9, 2018