ADMINISTRATIVE REPORT

Date: April 21, 1998
Author/Local:Trina Talarico/7628
CC File No. 3504

TO:	Standing Committee on Planning and Environment
FROM:	City Manager
SUBJECT:	Panhandling

RECOMMENDATION

A. THAT Council continue to work in collaboration with other government agencies, such as Crown Counsel, to address both the behaviour, (specifically aggressive panhandling), as well as the root causes behind the behaviour, such as drug and alcohol addictions and mental illness.

B. THAT Council continue working with the Business Improvement Associations, as well as other interested community members, on initiatives to address panhandling, such as Outreach programs and Public Education Campaigns.

C. THAT Council continue to support the work of the Mayor's Coalition on Crime Prevention and Drug Treatment, encouraging collaborative partnerships to develop and support programming to address panhandling and its root causes.

CONSIDERATION

D. THAT Council approve a by-law to address the issue of panhandling. (A by-law for this purpose is included in this council package. City staff will continue to develop this approach and, if appropriate, submit future reports, with amendments, to increase the effectiveness of the by-law.)

COUNCIL POLICY

There is no current Council policy on panhandling.

PURPOSE

The purpose of this report is to:

· provide an overview of panhandling and its impact on Vancouver's communities

· identify current activities being undertaken by City departments and community groups to manage panhandling in Vancouver
· suggest remedial measures that can be undertaken by the City to address the panhandling situation

BACKGROUND / DISCUSSION

History

Problem panhandling has troubled Vancouver for a number of years. In 1974, in an attempt to eliminate the problem, Council enacted section 70A of the Street and Traffic By-law. This provision created an absolute prohibition against begging on all City streets without a license to solicit for charity. The provision was challenged in Court and was held to be invalid.

Over the past few years panhandling, most notably aggressive panhandling, has become a growing concern to residents and business communities throughout Vancouver. It creates an intimidating and unsightly atmosphere, negatively impacting on the quality of life of Vancouver's citizens while adversely affecting businesses and tourism in our City. The Business Improvement Associations (BIA's), in collaboration with other community partners, Council members, and various City departments, have been exploring ways to address this problem since the early 1990's. A variety of working groups and task forces have been formed over the years to develop and implement strategies to tackle panhandling.

These working groups have collected a great deal of information about panhandling which has lead to some innovative programs being implemented. Some of the programs supported include:

· donating bicycles to increase number of officers on Bike Patrol
· introducing an outreach program to help connect panhandlers with services to assist them
· employing panhandlers to provide street cleaning services
· implementing public education programs

Current Situation in Vancouver

The business community in Vancouver has voiced concern over the escalating problem with panhandlers. A recent survey of members of the Downtown Vancouver BIA indicated that 73% of members polled felt that the panhandling problem in the downtown area had worsened over the past two years. Of special concern, is the reported increase in the number of "aggressive panhandlers" on Vancouver streets, (defined by the BIA's as behaviour that is deemed to be aggressive, eg. panhandlers who fail to take no for an answer, as well as situations which make the action of panhandling more intimidating eg. panhandlers who approach people at ATM machines).

With the arrival of the warmer weather, (historically associated with increases in the number of panhandlers), the business community is anxious to see the City take action to help regulate this activity - especially in light of the new by-law regulating panhandling recently introduced in New Westminister. The business community has raised concerns about the possible influx of panhandlers into Vancouver to escape the restrictive legislation imposed in New Westminister . It should be noted that opposition to a regulatory approach has been raised by other individuals and interest groups.

Scope

Contrary to popular belief, panhandling is not simply a downtown issue, (although the problem is certainly intensified in those areas). Complaints are being heard from businesses and community members in areas such as Mount Pleasant and South Granville.

Profile

Most panhandlers live in poverty, "panning" for a variety of reasons:

· to support alcohol and drug addictions - this has been characterized by numerous sources as the number one reason that people are panning.
· to subsidize their income assistance cheques - resulting from recent cutbacks in income assistance funding.
· because they are unable to get income assistance - this includes transients, individuals from out-of-Province and youth under 18 years of age.
· because of mental illness - this group includes individuals who are managing their illness but unable to get by on their income assistance, as well as those who are in crisis.
· for the thrill - some of the youth, especially on the Davie strip, are reported to be "curb kids" who panhandle more for image and an opportunity to associate with the hard core street kids, returning to their homes in the evenings

Current Initiatives

The City of Vancouver, working in partnership with the community, has attempted to take a number of steps to address issues associated with panhandling.

Police for example, limited by their lack of power to address passive panhandlers, have developed a "voluntary compliance program", offering aid and assistance to panhandlers while also, when necessary, asking them to comply with requests to restrain particularly bothersome behaviour. Police in downtown Vancouver have also looked at options to deal with aggressive panhandlers. At one point a policy of arresting aggressive panhandlers under the criminal laws was explored but was found to place too much of a strain on resources. Enforcement is clearly an issue that needs to be carefully considered in any regulatory approach.

Social Planning has been working to address many of the social issues at the root of panhandling. Recently, staff have been working with the province to introduce a sobering centre and more drug and alcohol treatment facilities. Many consulted suggested that adequate and accessible addictions treatment and mental health counselling would go a long way in helping to alleviate the problem of panhandling.

The community, (the BIA's in the down town area in particular), has been actively involved in addressing panhandling, introducing a number of preventative programs to mitigate the situation. The Downtown Vancouver BIA and Robson Street BIA currently spend $117,000 on an outreach program run by the Recovery Club. The Gastown BIA hired security guards to encourage the panhandlers to move along, (especially the aggressive ones). Despite their efforts, new panhandlers arrive to fill the gaps while a core group of chronic panhandlers remains. Some groups such as United We Can, have developed employment programs for the poor offering a viable alternative to panhandling.

BIA's in the downtown business area have also supported public education campaigns encouraging people not to give change to panhandlers but to local charities instead. This year, Tourism Vancouver will be joining in this initiative. Many consulted felt that public education was a key component to dealing with this problem.

Responses in other cities:

Cities throughout North America are attempting to deal with the problem of panhandling. None of the approaches identified below has worked to "solve" the problem although all have been helpful in managing the problem.

· Introduction of By-Laws

This has been relied on heavily in the United States. Here in Canada, both Winnipeg (1995) and New Westminster (1998) have enacted a by-law restricting panhandling in the vicinity of financial institutions, bus stops, and liquor stores; from occupants of motor vehicles; and after dark. As well, they prohibit all "persistent" panhandling. Although seen to be successful, the Winnipeg by-law is currently being challenged in the Manitoba courts.

· Introduction of Programs

Voucher program, (eg. Portland), whereby people can buy coupons for basic services (e.g. food and shelter) to give to panhandlers instead of cash. This approach is limited in that it often results in a black market in vouchers.

Outreach programs, (e.g. Vancouver, New York), to assist panhandlers get off the streets and in touch with the appropriate service agencies. This approach is limited by the fact that it can help only those who want help.
Employment programs, (e.g. Vancouver), to provide panhandlers with a viable alternatives to "panning".

· Public Education

Public education campaigns focused on increasing the public's understanding of the issues, making them aware of the services that are available while also encouraging them to give to charities instead of to the panhandlers directly, have been launched in almost every city and are recognized as an important part of the long term solution.

CONCLUSION

Panhandling is a complex social issue. Many of the root causes behind panhandling, such as poverty, drug and alcohol addiction and mental illness, are not easily solved and require coordinated action at both the federal and provincial levels. Despite this fact, the City can play an important role in helping to manage the situation, continuing to support the initiatives of community groups and other levels of government.

Any strategy to address the panhandling problem in Vancouver should be built around a collaborative approach, relying on the continued leadership and support of the community. Research and consultation has suggested that a multi-pronged approach may be most effective, combining

· regulation and enforcement,
· programing directed at addressing the root causes behind the behaviour, and
· public education to better inform the public of the issue and the preferred response.

Consultation over the past few years has revealed that aggressive panhandling on Vancouver streets is of particular concern to citizens. Work done in the past to address aggressive panhandlers relied on the collaborative efforts of City staff, representatives from Crown Counsel and members of the community. This multi-pronged approach, incorporating the expertise and support of Crown Counsel was found to produce positive results and should be encouraged in the future.

Although enforcement is apparently an attractive option, it is difficult to achieve. A previous City by-law to prohibit begging was struck down. By-laws to regulate panhandling have been passed in both Winnipeg and New Westminister, although the Winnipeg by-law is currently being challenged. The New Westminister by-law is relatively new and to date, has not been challenged in court. When considering the introduction of a by-law, it is important to note that the broader the by-law, (and hence the more effective), the more likely it will be successfully challenged. In view of the fact that the city's earlier attempt to create an absolute prohibition of begging on all city streets without a licence was not successful, should Council choose to enact a by-law regulating panhandling, it should apply only to areas and in circumstances identified as those where panhandling has created the greatest problems.

The Director of Legal Services has provided a by-law to Council in this package, based on the Winnipeg and New Westminister by-laws. The underlying authorities for Vancouver may be different than for these other municipalities and an alternative form of by-law may thus be more appropriate for Vancouver. Passage of the by-law at this time is presented for consideration. Should council wish to pass the by-law at this time, staff will continue to research the options and will bring forward amendments to the by-law if appropriate.

Council should consider continuing to support initiatives lead by City staff, other levels of government and members of the community to address the root causes behind panhandling. Programing to address addictions, poverty and mental health issues are all important pieces of a long term strategy toward addressing problem panhandling. As well, programs to increase public awareness of the issues and the current services available to panhandlers should also be encouraged.

A strategy to successfully manage the panhandling issue will require the continued leadership of community groups, such as BIA's and service agencies, working in collaboration with the City and various provincial agencies to address the behaviour while also addressing the context in which it occurs. Panhandling is not a problem that the City can "solve" in isolation.

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(c) 1998 City of Vancouver