MOSES LAKE - Moses Lake may fine people asking for money from drivers and passengers in vehicles.

The city council moved a new ordinance to a second reading at a recent meeting.

The ordinance prevents people from begging in a public place "with the intent to intimidate another person into giving money or goods."

"Council has talked about this a couple of times over the last couple years," City Manager Joe Gavinski said. "There was a citizen that came in and addressed the council on this issue. This ordinance does not prohibit panhandling, as has been suggested, because there are some Constitutional issues."

The ordinance is designed to regulate panhandling, Gavinski said. It is based on a Spokane Valley ordinance.

Councilmember Bill Ecret asked if the proposed ordinance would prohibit the Moses Lake firefighters' Fill the Boot campaign.

Gavinski said it would since everyone would be in the same category.

When Councilmember David Curnel asked Police Chief Dean Mitchell about enforcing the ordinance, the chief answered officers end up dealing with the people affected by the ordinance anyway.

"We get contacted by citizens asking us to check on them," he said. "The bottom line is we've never had any enforcement tools. So this would be a viable enforcement tool. I'm not pro or con. It's up to the council."

Councilmember Dick Deane agreed with the ordinance, saying a lot of people have spoken to him, asking what they can do. He initially told them it was a First Amendment issue.

"Then I had a chance to observe the people who did come into our community, and I found out they weren't concerned about my First Amendment rights, it was only their own," he said. "They were violating safety and intersections and they just kept expanding and I thought it was just time that we draw the line in the sand."

Mayor Jon Lane said he approved of the ordinance, but was concerned about the Fill the Boot campaign. He asked Fire Chief Tom Taylor whether the need could be met another way.

"The annual Fill the Boot campaign is not a fire department function. It is performed by the labor unit," Taylor said. "The rule applies to all. We can not have public employees out there doing what we're trying to prohibit."

Taylor said they will find another way to conduct the campaign.

Ecret questioned the initial suggestion of a $20 penalty, saying it should be a little higher. He amended the motion, raising it to a fine of at least $50.

"I think it ought to be enough of a penalty that they don't want to do it," he said.

The people making the original motion agreed to the change, and the council unanimously approved to move the ordinance to a second reading.