A recent Boston City Council ordinance that prohibits so-called "aggressive" panhandling has garnered a mixed reaction among homeless and homeless advocates on both sides of the Charles River.

The ordinance, which the council approved with an 8-5 vote on Dec. 17, went into effect when it was signed by Boston Mayor Thomas M. Menino on Dec. 29.

The ordinance defines aggressive solicitation as "approaching or following pedestrians, repetitive soliciting despite refusals, threatening or intimidating behavior, unwanted physical contact or the intentional blocking of pedestrian and vehicular traffic."

Furthermore, the ordinance restricts any solicitation within ten feet of any ATMs or bank entrances or exits, on the grounds that solicitations in these areas are "especially troublesome because of the enhanced fear of crime in those confined environments."

Penalties for violation of the ordinance include a $50 fine for the first offense and a $100 fine for subsequent offenses, or court-determined community service hours.

"Boston was one of the remaining few [cities without panhandling restrictions]," said Leslie Sarofeen, the assistant director of the Mass. Housing and Shelter Alliance.

Sarofeen explained that the new Boston ordinance was "part of a cross-country trend."

Aggressive Solicitation

According to some panhandlers in Boston and Cambridge, the two activities prohibited by the ordinance--aggressive solicitation and solicitation outside of an ATM--can be very lucrative methods.

"On a cold day, aggression may be necessary," said Harvard Square panhandler Ricardo W. Clayger, "but it's all in how an individual presents themselves."

"Sometimes you've got to be aggressive, but not violent," said Boston panhandler Jim P. O'Connor.

O'Connor also said that panhandling near banks has its perks.

"Outside a bank, people know they have money and you get more money sometimes," he said.

Neil J. Donovan, the director of community programs at Jamaica Plain's Shattuck Shelter, said he feels that most panhandlers already avoid aggressive solicitation.

"The passive request for money is probably the norm, and more aggressive panhandling is something that you don't find everyday," Donovan said. "The individuals that are engaged in that are probably individuals that have issues they have to deal with."