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Streets Initiative - Police

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1. What is begging?

Begging means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. By itself, this is not criminal act.

2. What is aggressive begging?

Aggressive begging is illegal and Everett Municipal Code 9.52 states that a person commits this offense if he or she begs in a manner that intentionally hinders or obstructs the free passage of any person in a public place; or by words or actions, begs with intent to intimidate another person into giving money or goods.

To “hinder or obstruct” means to walk, stand, sit or lie in such a manner as to block or attempt to block or restrict passage by others or to require persons approaching to take evasive action to avoid physical contact whereas “intimidation” is engaging in conduct that would make a reasonable person fearful or feel compelled.

3. What is trespassing?

Everett Municipal Code 10.68 says a person is guilty of criminal trespass if they knowingly enter or remain unlawfully in a building or upon the premises of another. A person enters and remains unlawfully when they are not licensed, invited or otherwise allowed to do so. When someone enters an area that is generally open to the public but they are unwelcome by the person responsible for the property, officers general give them a warning and ask them to not return. Returning to the property would constitute trespassing.

4. What is loitering?

Everett Municipal Code (EMC) uses loitering in the context of drug and prostitution activities and makes it unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose of illegal activity. Loitering does NOT pertain to aggressive begging as it is covered under other EMC’s.

5. What is unlawful camping?

Everett Municipal Code 8.56.010 states it is unlawful for any person to camp in a park, on a street or in any publicly owned area or parking lot. “Camp” means to pitch, use, or occupy camp facilities for the purposes of habitation, as supported by camp paraphernalia which includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks or cooking facilities and equipment.

6. What conduct is allowed when begging?

Most beggars are passive, but some become aggressive when they are not given anything. Passive begging is not a crime when performed on public property. People may hold signs or ask for money while standing or sitting. When occurring on private property, the owner or responsible party has the right to ask them to leave. Refusing to leave is trespassing.

7. What conduct is NOT allowed when begging?

-Pressure to be given something
-Physical contact
-Blocking your path or entrance/exit from a location
-Following and continuing to ask after being told “no”
-Use of obscene, profane or abusive language
-If their actions are intimidating or put you in fear of bodily harm
-Threatening you with a criminal act

Be cautious if you are contacted after dark, in a secluded area, if someone appears to be under the influence of a substance or if a group of two or more approach you.

8. What do I do if confronted by an aggressive beggar?

Tell them “No”, walk away and call 911.

Be sure to tell 911 why you are calling, provide an accurate description of the person, and keep your distance while officers respond to your location. If you are not in imminent danger, your situation will be assessed along with other priority calls for service.

9. What are the penalties of aggressive begging?

Aggressive begging is a misdemeanor. However, police officers and prosecutors often consider alternatives to arrest, prosecution and/or jail that address any underlying causes that led to criminal behavior.

10. What do I do if I’m uncomfortable, but am not threatened?

Making someone else feel uncomfortable is not a crime unless some sort of overt action is taken. If you are uncomfortable being approached by someone on public property, avoid them and get to a location where you feel safer. This can be inside a business, remaining in your vehicle or crossing the street. Calling 911 in these instances is not appropriate as no crime has been committed.

11. Where is public property?

A “public place” is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

12. Can people block the sidewalk?

Everett Municipal Code 9.60.010 states that all persons who stand, remain or congregate upon any public street or sidewalk in the city in such manner as to obstruct, prevent or interfere with the free and unobstructed use of such street or sidewalk by other persons and who fails or refuses to move on or disperse upon being ordered to do so by any police officer, or other peace officer, are declared to be disorderly persons. Note: Officers must provide people blocking sidewalks with an order to move on or disperse, prior to taking enforcement action.

13. Can people sit or lay on the sidewalk?

Yes, people are allowed to sit and lay on the sidewalk as long as it is not blocking the area set aside for an actual right-of-way.

14. If I’m a business owner, what do I do if someone is behaving irrationally or intimidating my customers?

People acting irrationally have the potential to be dangerous to themselves and others. Do not interact when someone acts this way, get to safety and call 911. Officers will be dispatched to assess the situation.

15. If I’m a business owner, what do I do if someone is sleeping in a doorway?

If you feel comfortable, wake them and ask them to leave. If they refuse, or you are not comfortable contacting them, call 911 from a safe location. Be sure to tell 911 why you are calling, provide an accurate description of the person, and keep your distance while officers respond to your location. If you are not in imminent danger, your situation will be assessed along with other priority calls for service.

16. If I’m a business owner, what do I do if there are unauthorized people on my property?

As a business owner, you are often required to address tough decisions. If unauthorized or disruptive persons are on your property, you have the authority to ask them to leave. This requires you to address them, if it is safe to do so, and advise them they are not allowed on the property. A confrontation is not necessary or advised, but talking to them is. If they refuse, call 911 from a safe location. Be sure to tell 911 why you are calling, provide an accurate description of the person, and keep your distance while officers respond to your location. If you are not in imminent danger, your situation will be assessed along with other priority calls for service.

If property owners file a “Notice Of Intent To Prosecute” with the Everett Police Department and conspicuously post ample warning signs on the property with specified terminology, officers have the authority to enter private property and make trespass arrests or issue citations. Businesses, property managers and the Everett Police Department will send the message that criminal activity is not tolerated by enforcing the Trespass Ordinance. This type of enforcement may prevent other crimes from taking place. Notice of Intent to Prosecute

17. What is the police department doing to address these issues?

There are many different concurrent actions being taken by different organizations to address the issue of aggressive begging.

The Everett Police Department (EPD) works to educate business owners interested in regulating conduct in their parking lots for the safety of their customers by making more effective use of their authority to enforce laws by partnering with the police department.

Additionally, the EPD and the Snohomish County Department of Human Services have partnered to hire a mental health community support specialist to serve as an embedded social worker, implementing one of the Community Streets Initiative task force recommendations. The community support specialist works with officers, including in the field, to better respond to a variety of street-level social issues, including chronically homeless individuals and individuals with mental illness who come into contact with the criminal justice system. There is also a large range of other responsibilities, including coordinating social service outreach and serving as liaison to the social service community.

In conjunction with the Streets Initiative, the Mayor’s Safe Streets proposal creates a specialized unit within the police department to work on street level social issues and criminal activity. This unit will be composed of four officers, a sergeant, an additional community support specialist and prosecutor resources.

Finally, EPD and the City of Everett are developing a public education and outreach campaign emphasizing alternatives to making direct giving to beggars. The City created a dedicated webpage to educate citizens on making charitable donations in lieu of direct giving to beggars. Also, signage is being developed to assist business owners in discouraging direct giving on their property and to provide information on how to donate.

18. How can I help?

Not all beggars are homeless and many want money for alcohol or drugs. While opening your wallet or purse to get money, you are more likely to be victimized. There are many ways to help those in need without giving someone cash and the Everett Police Department recommends researching and giving to any of the numerous service organizations who specialize in assisting those in need. The City of Everett website has a list of charities.

Additionally, volunteering time with a charity that focuses on community service helps you better understand the needs of your community and how your efforts support others.

Finally, it is important to understand the involved issues to help make change. In July 2014, Mayor Stephanson convened the Community Streets Initiative Task Force which consisted of community members, business owners and service providers to study and create a comprehensive plan to help those in need. Safe Streets: Get Involved

19. Is there additional information on panhandling?

The following link is for a Panhandling Brochure

20. Is there additional information on trespassing?

The following link is for a Trespass Brochure