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Panhandling is illegal in Nampa, city attorney says

Recent anti-panhandling signs placed around the city of Nampa have many questioning the legality of the signs - and of panhandling in general.

NAMPA, Idaho — Nine signs were recently placed throughout the city of Nampa, reading "No panhandling."

Since the signs were put up, many have wondered if panhandling is even illegal.

According to attorneys in the Idaho Attorney General's Office, there is no state law that deals specifically with panhandling. 

But Nampa's city attorney Mark Hilty, researched the issue and made a decision at this week's city council meeting

Hilty cited city ordinance 6-1-1, defining disorderly conduct. It reads, in part: “Every person is guilty of disorderly conduct when he accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.”

MORE: Anti-panhandling signs in Nampa stir up debate on legality and necessity

He also cited a state statute, 49-709(2) which says in part, “No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle.”

Hilty said there can be written exception to the state statute from those in authority with local jurisdiction over the highway. He noted that those two codes define what the city of Nampa considers panhandling. And based on his interpretation, panhandling is illegal in the city.

The mayor said the council had received a lot of feedback about the signs - many in favor and others opposed.

Those opposed feel it portrays the homeless in an inaccurate and negative way.

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Mayor Debbie Kling said that was never the intent behind the signs.

“We do not want to marginalize the homeless, those in need," she said. "But we also want to protect our community.

“I think the one prevailing thing that I’m hearing a lot of is that we want to keep our community of Nampa the way it is," Kling told KTVB. "We don’t want to become like some of the major cities that are dealing with some issues around homelessness and panhandling."

The council discussed the signs and decided to keep them. Nine signs have already been put up. A tenth one will also be added, but the city said no location has been determined yet for the final sign. 

Credit: City of Nampa
A map showing where nine panhandling signs are placed in the city of Nampa.

Also as part of the discussion about the signs, Nampa Police Chief Joe Huff, mentioned how many citations they had issued for panhandling.

Under the state statute, he said officers had issued 62 citations for panhandling over the last three years. Based on the city ordinance, 6-1-1, Huff said only one citation had been given for panhandling in three years. 

RELATED: New data shows homelessness on the rise across Idaho

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