COUNCIL ENDORSES MEASURE RESTRICTING BEGGING.

Byline: Rick Orlov Daily News Staff Writer

Amid criticism that the city is declaring war on the poor and homeless, a divided Los Angeles City Council on Wednesday gave preliminary approval to a law criminalizing aggressive panhandling.

Backers said the ordinance - which actually draws from several existing city laws - gives police a measure to intervene if the panhandling blocks traffic, includes harassment or other proscribed behavior.

Linked to the measure, which was approved on an 8-4 vote, is the call for a six-month study on possible actions the city can take to deal with the homeless and create more affordable housing.

``The Police Department feels by solidifying the different laws into this one, it will make it an easier and more effective tool to be used as a warning,'' City Councilwoman Laura Chick said.

Critics argued the ordinance criminalizes poverty.

``There are moments in my life when I wake up and think I have been transformed to the times of Dickens,'' Councilwoman Jackie Goldberg said.

``Aggressive behavior of almost all type is illegal now,'' Goldberg added. ``So what are we doing here? We are further criminalizing the poor. We are saying we want to penalize further those who are the most destitute.''

The council will take a final vote next week.

In an emotional debate Wednesday, Councilman Rudy Svorinich, who represents the Harbor and Watts areas of Los Angeles, told critics they don't understand the real problems that exist for businesses and residents exposed to panhandling that goes beyond polite requests for money.

``I can imagine people at home watching this debate and shaking their heads and saying, `They just don't get it,' '' Svorinich said. ``This is a problem throughout the city and we have to take steps to deal with it.''

Los Angeles Police Department Cmdr. Dan Watson said the main benefit of the proposal is that it will allow police officers - and businesses - to use the measure as a warning to panhandlers to curb their activities.

``This identifies what is legal and not legal in panhandling,'' Watson said. ``We don't see this as resulting in a significant number of arrests.''

The proposal is modeled after one in Santa Monica, where Watson said police issued eight citations in the first year. The Los Angeles measure is a misdemeanor, meaning it could result in a maximum penalty of $500 and six months in jail.

The measure also was opposed by representatives of the American Civil Liberties Union and homeless advocates, who said they believed the measure was unconstitutional.

Also, Councilman Nate Holden complained the measure is inadequate in describing what is aggressive behavior that causes fear.

``This is designed to do one thing - put the homeless and poor people in jail for being poor and homeless,'' Holden said. ``Aggressive panhandling is different to different people. Some people might be frightened of a 10-foot-tall person, but not someone who is 3 feet tall.''

A spokesman for Mayor Richard Riordan, who originally proposed the measure, praised the council's action.

``This is a step forward for qualify of life for people throughout the city,'' spokesman Steve Sugerman said.

AGGRESSIVE PANHANDLING DEFINED

The Los Angeles City Council on Wednesday approved an ordinance that makes aggressive panhandling a misdemeanor crime. Under the law, panhandling in an ``aggressive manner'' shall mean:

Approaching, speaking to or following a person, before or after soliciting, asking or begging, if that conduct is intended to or is likely to cause a reasonable person to fear bodily harm.

Intentionally touching or causing physical contact with another person or an occupied vehicle.

Blocking traffic or forcing a motorist to take an evasive action.

Using violent or threatening gestures.

Persisting if a person says no.

Using offensive language.

CAPTION(S):

box

BOX: AGGRESSIVE PANHANDLING DEFINED (see text)