Iowa City to discuss panhandling, smoking bans

City staff have concerns about a request from downtown business owners who want more restrictions on panhandling and smoking.

Last fall, the Downtown Association board of directors asked the City Council to ban soliciting for donations from the entire Pedestrian Mall, keep those who ask for money farther away from businesses and require solicitors to register with the city. The organization also wants to ban smoking during the day on the Pedestrian Mall.

The panhandling restrictions would essentially ban soliciting downtown, and City Attorney Eleanor Dilkes has reservations whether that would be constitutional, according to a memo released Thursday by a city committee that has studied the Downtown Association's requests.

Dilkes also would have concerns about banning “passive” forms of asking for money, like while standing and holding a sign, according to the memo. Iowa City already bans aggressive panhandling.

The council is to discuss the matter at a work session March 22.

Two years ago, the council made it illegal to request an immediate donation of money downtown within 20 feet of an ATM and within 10 feet of a sidewalk cafe, a building entrance, the downtown playground or a mobile vendor.

The Downtown Association wants those distances increased to 25 feet and solicitors to be at least 50 feet apart.

Leah Cohen, owner of Bo-James and president of the Downtown Association, said business owners want more restrictions because panhandlers still scare away some customers.

City staff are recommending the council take six to 10 old parking meters and use them to collect donations for agencies that help the homeless. Similar programs have been used throughout the county with mixed results.

Jeff Davidson, the city's director of planning and community development, said he thought it could work in Iowa City.

“If you can reduce the number of people giving, you can reduce the number of panhandlers,” he said.

The Downtown Association also wants to ban smoking on the Pedestrian Mall from 8 a.m. to 10 p.m. to try to decrease loitering. Police Chief Sam Hargadine said he doesn't have the manpower to enforce the current smoking law, let alone an expansion. He also said it's a low priority for officers.

“If we are mandated by the council to step up activity, we will,” he said. “But that means that something else isn't getting enforced.”

One idea to increase resources is to set up a special district in which downtown property owners would impose an extra tax on themselves, with the money going to downtown projects, like funding a police officer to patrol the area.

Downtown Cedar Rapids has had a special tax district for more than 20 years.

Downtown Iowa City property owners would have to OK the measure before the city could consider it. A similar proposal failed in 2004.

Cohen said a Downtown Association committee is currently studying the idea, but she couldn't predict whether there was enough support for it, especially with the economy in bad shape.

“One week they may agree with something, the next week, if it's going to cost them money, they won't,” she said.