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Policing behavior Ashland looks to ban downtown smoking, aggressive panhandling and blocking sidewalks Comment By Julie Akins for the Mail Tribune MailTribune.com By Julie Akins for the Mail Tribune Posted Apr. 21, 2016 at 4:58 PM By Julie Akins for the Mail Tribune Posted Apr. 21, 2016 at 4:58 PM » Social News The city of Ashland is on its way to becoming smoke-free in the downtown corridor, not allowing anyone to block sidewalks six feet from the road or city structures, and it has banned what it considers aggressive panhandling. Ashland City Council passed a preliminary ordinance Tuesday that would make it a violation to smoke downtown on any public or private property within 10 feet of a sidewalk or alleyway. It also banned smoking or vaping in any places of employment or in an enclosed area open to the public. City Administrator Dave Kanner said the city sent out a survey to 160 downtown businesses, and he said 61 percent favored the smoking ban. Among them was Julie Chertow, who owns an essential wellness business and testified before the council favoring the ban. “Let (smokers) do it in their own homes. It’s not OK in this precious town we have,” she said. She went on to say smoking is not mindful of others and their health, and is “causing harm to innocent people.” Mayor John Stromberg expressed concern that citizens may see the council as “over regulating,” but the smoking ban passed. It will be considered for a final vote at the next council meeting. The council also passed on first reading an ordinance that makes it a violation to sit or block a sidewalk within six feet of the roadway or a city structure in hopes of stopping the homeless, "home-free" and traveling populations from blocking sidewalks or entrances to public buildings and private businesses downtown. The ordinance would make it an offense to block an area within six feet of those areas for more than five minutes if they are asked to move by a police officer and refuse. The discussion centered around making the ordinance clear and easy to understand and not making it too difficult for police to regulate. Speaking to the five-minute rule, Councilor Rich Rosenthal asked Ashland Police Chief Tighe O’Meara, “is this going to be a cat-and-mouse game?” “It’s the totality of the circumstances, what conclusion a reasonable person would arrive at,” O’Meara said, adding that if a person continued to refuse or attempted to move just a few feet, it could be considered obstructing a police officer. As to being arrested and jailed for the violation, Councilor Carol Voisin asked the police chief whether the $73,000 set aside for Jackson County jail beds, passed by the council as a deterrent to continued “bad behavior downtown” last month, would be used for those people who are cited for blocking sidewalks. O’Meara said no. “No one will be arrested for these violations," he said. "It is not a crime but a violation, like a traffic ticket. No one will go to jail for these violations unless there are other things involved.” Voisin commented that the money for jail beds should not come from the police budget and spoke out against the sidewalk measure, saying, “I don’t want our police officers walking around downtown with a tape measure and a stopwatch.” The ordinance was passed, despite Councilor Rich Rosenthal’s concern that it was too vague to “explain easily to my neighbor.” He and Voisin voted against the measure. Rosenthal asked that the language be made clear prior to the proposal coming back for final approval. The council gave final approval to an ordinance aimed at eliminating “aggressive panhandling.” Under the rules, people could not be asked for money at ATMs and cafes where they can not easily walk away. The ordinance initially had provisions to stop panhandling to people in cars, but that was removed. Holding up signs asking for money or even verbally requesting money, the council and City Attorney Dave Lohman determined, is within the First Amendment rights of all citizens and could not be banned. Email Ashland freelance writer Julie Akins at [email protected] and follow her on Twitter at twitter.com/ @julieakins. By Julie Akins for the Mail Tribune MailTribune.com By Julie Akins for the Mail Tribune Posted Apr. 21, 2016 at 4:58 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... 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