After much debate and several pleas from the public, the Kalispell City Council passed the first reading of its panhandling ordinance during Monday night’s meeting.

The ordinance, with ample amendments, passed 6-1 with Randy Kenyon the sole opposing vote. Jeff Zauner and Kari Gabriel were not present.

Kenyon was not shy about his opposition to the ordinance as it was first presented.

“This is so oppressive,” he said. “It [panhandling] might as well be illegal. It is horribly overzealous and against the kind reputation this city has. This is an ordinance looking for a problem.”

The first draft of the ordinance essentially would have made panhandling illegal in the city of Kalispell. It stipulated that any active or passive panhandling within 50 feet of a city street or highway intersection would be treated as a misdemeanor offense.  

“The 50 feet kind of surprised me,” council member Tim Kluesner said. “It’s like an army move to squash a fly.”

Forceful opposition was voiced by local attorney Jim Cossitt and an elderly homeless woman who declined to identify herself.

“This ordinance is ridiculous and offensive,” Cossitt said. “Everyone on this council is middle class or upper middle class. This law targets the bottom of the ladder.”

Mayor Tammi Fisher replied that the ordinance was not about a social issue. She agreed with council member Phil Guiffrida’s remark that it was about public safety.

“Not all of us grew up rich,” Fisher said. “Some of us grew up in Section 8 housing. I made the call myself to draft this.”

Fisher also led the charge in amending the ordinance.

She had every mention of 50 feet reduced to 20 and every mention of “any street or highway intersection” changed to “any street intersection or highway intersection.” This was designed to alleviate the problem of line of sight at intersections while not making panhandling illegal in the city.

An optional clause — shot down before it got off the ground — would have allowed panhandlers to buy a city permit to ask people for money.

“I think we’ll be the butt of the joke if it gets out that we need a permit to panhandle,” council member Bob Hafferman said.

The ordinance as approved still makes it a misdemeanor to come across traffic to get money, approach within three feet of someone who has not expressly wished to donate, use profane language or follow a person.

Guiffrida was the major proponent of the ordinance, citing constituents’ concerns and the traffic issues that panhandling was causing.

“I do see the safety issues with it,” he said. “It’s line of sight, it’s a visibility issue. You are taking a left turn and someone is on a narrow median ... I just don’t want to see someone get run over.”

Kenyon was happy with the amendments but said he could not in good conscience vote for the ordinance.

Kalispell Police Capt. Wade Rademacher said he was worried the panhandlers could slide a little farther down the street and the ordinance would be nearly unenforceable.

The next reading of the ordinance will be at the July 15 City Council meeting. If it passes then, the ordinance would go into effect Aug. 15.

In other actions Monday, the council approved:

• An application for a casino in the former Roscos Dollar Store building on U.S. 2 from Libby business people Craig and Debbie Munro. The council also approved Julie Smith’s application for a small casino in the Sizzler building across the highway from the Munros.

• A Planned Urban Development overlay on two tracts of land on the east side of U.S. 93 south of town.

• Two special events permit requests to serve alcohol at the Taste of Kalispell and Arts in the Park.

Reporter Ryan Murray may be reached at 758-4436 or by email at rmurray@dailyinterlake.com.