Addressing Panhandling in Bay County

January 21, 2016

On Tuesday, January 12th, the Bay County Board of Commissioners unanimously approved a resolution urging local municipalities to consult with their own legal counsel on the very complex and sensitive issue of panhandling. Each municipality has the ability to make their own determination on a local level whether enacting a panhandling ordinance is the right solution for their community. The County discussion was a result of a number of community members that have asked the County to enact a "County-wide" panhandling ordinance in response to individuals panhandling at busy intersections near Bay City.

After reviewing the applicable statutes, attorney general opinions and case law, it was the opinion of the Department of Corporation Counsel that any County-wide panhandling ordinance would be unenforceable as a matter of law. Counties have only those powers conferred to them by statutes and the Michigan Constitution. County Boards have limited general power to enact ordinances. While Attorney General Opinions are considered persuasive and not binding on Michigan's Courts, the enactment of any County-wide panhandling ordinance would exceed the scope of the County's authority, and could also improperly conflict or interfere with any panhandling ordinance enacted by a village, city or township within Bay County's borders.

County Executive Tom Hickner stated that laws controlling panhandling are only part of the solution to addressing the issue. "I believe a stronger course of action is encouraging assistance through established community based organizations or targeted and effective socials services that address the underlying issues of panhandling stemming from mental issues, homelessness, unemployment, drugs and alcohol addiction, rather than making a "donation" to the individual," said Tom Hickner.

County administration has reached out to the Bay County Human Services Collaborative Council in an effort to collaborate on their existing program and services offerings for homeless individuals. A tentative presentation by the organization is planned for the February Board of Commissioners Ways and Means meeting. "Fortunately, our community has many organizations that are doing their best to address these issues. I have and will continue to support efforts to address the serious human service issues in our community," said Tom Hickner.

Please click here to view the discussion which took place during the January 12, 2016 Board of Commissioner's meeting.