— City councilors approved an ordinance that bans aggressive tactics used by some panhandlers while soliciting money, food, work or other things.

The measure passed Monday by a 7-2 vote. The ordinance bans anyone from approaching, speaking to or following a person “before, during or after panhandling” if the conduct would instill a sense of fear or intimidation.

The ordinance also bans misrepresentations and begging on private property without permission, within 20 feet of a public restroom, automatic teller machine or bus stop, and on public transportation vehicles.

Violators of any of the provisions will receive a written warning for the first offense. Subsequent violations will be subject to a $100 fine for the first conviction, $200 for a second offense, and $500 for each subsequent violation.

The ordinance was sponsored by Ward III Councilor Randy Howard, who said panhandling poses a risk to public safety. He also cited concerns about how begging might tarnish the way others see the city.

Other amendments approved Monday included changes that will allow firefighters to continue their annual efforts to raise money for the Muscular Dystrophy Association. To do that, the ordinance allows panhandlers to approach vehicles “in traffic on a public street” by invitation if they are wearing an approved safety vest.

“Obviously we cannot carve out an exception for one particular group,” City Attorney Roy Tucker said. “This revision allows firefighters or panhandlers to approach a vehicle if the driver invites them over by words or an affirmative gesture.”

Tucker said the ordinance balances public safety, the firefighters’ fundraising needs and constitutional protections of free speech.

Howard said panhandling in Muskogee appears to be on the rise. He believes most panhandlers prey on residents who might dig into their pockets for money out of fear or intimidation.

Councilors Lee Ann Langston, Ward I, and Derrick Reed, Ward III, cast the dissenting votes. Langston said the ordinance punishes people because they are different. Reed called the fine schedule too punitive.

Supporters say the ordinance is needed to attract and retain business and boost tourism. It reflects a desire to protect “rights and freedoms” while “providing a safe and livable community” in addressing “problems associated with aggressive panhandling.”

Tucker said the ordinance would take effect 30 days after it is published.

Reach D.E. Smoot at (918) 684-2901 or dsmoot@muskogeephoenix.com.