Council sets up new rules for laser pointers and panhandlers

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Laser pointers may seem harmless to some, but to a police officer a laser beam means one thing -- taking aim with a firearm. The Henderson City Council voted to make possession of laser pointers illegal for minors at a regular city council meeting on Nov. 15.

Assistant City Attorney Ron Sailon said stories from officers prompted the ordinance.

If an officer is called to an area for a report of gunshots being fired and then sees laser beams being used, he or she is going to think someone is preparing to shoot.

"We've had instances when near tragedies have occurred," Sailon said.

In one occurrence, a Henderson police officer was off duty and saw a laser beam in his home following one of his friends across a room. That led to a tense moment because the officer thought someone was about to shoot his friend.

In many cases it's just a teenager having some fun with a laser pointer. Lee Rowland, a representative of the American Civil Liberties Union, spoke in opposition to the ordinance.

"This is a criminal statute which criminalizes the possession, for minors, of an otherwise lawful and unregulated item," Rowland said.

The council voted to approve the ordinance unanimously.

Another fairly common occurrence -- a homeless person asking for spare change from people at a bus stop -- is also now illegal in Henderson.

The council voted in an ordinance that makes it a misdemeanor to solicit at a bus stop or inside a bus, or at an ATM or bank entrance. It also is illegal to solicit using aggressive behavior like touching a person.

The "aggressive solicitations" ordinance replaced the city's vagrancy law. It does not outlaw begging or asking for donations altogether.

The idea is to make sure people are giving the money of their own free will, not feeling like they are forced to give, according to city officials.

David Wilson, a Crime Prevention Officer with the Henderson Police Department, spoke in favor of the ordinance. He said aggressive panhandling has been a problem over the years. He mentioned a Henderson bank branch specifically where panhandlers wait for people to come away from the ATM with cash in their hands.

"You're standing there with maybe $100 worth of $20 bills in your hands and you're automatically panhandled by someone who says they have no food," Wilson said. "That's an aggressive manner because you're leaving a financial institution with money in your hand."

He also cited incidents where people run up to cars and take groceries out of patrons' carts and put them in the patrons' cars. They then demand money for the service they provided uninvited.

"That basically is coercion," Wilson said.

Rowland said the ACLU also was in opposition to that ordinance, arguing that portions of it might put a chill on free speech. The term "aggressive" could be very hard to define, she said.

Rowland said she wanted more specifics in the ordinance to make absolutely sure it did not prevent any solicitations that are allowed under free speech, including asking for money or a job.

"People soliciting charitable donations from cars stopped at intersections ... it doesn't seem to me there should be any public interest in stopping that and there's certainly a public interest in avoiding a chill on free speech," she said.

The council adopted the ordinance unanimously.

Councilman Jack Clark, a former police officer himself, said he was not worried about people using the new ordinance to interfere with free speech.

"I think most reasonable people can understand what "aggressive manner" means," said Clark.

In other action, the council voted to:

Approve a petition to vacate portions of Richmar Drive and Delano Drive southeast of Eastern Avenue and Candelaria Drive.

Approve the appointment of Kristen Routh-Silberman to the Commemorative Beautification Commission.

Approve the issuance of a general obligation bond for the financing of various capital improvements.

Approve the deletion of the portions of city code pertaining to fraudulently obtaining food or lodging, petty larceny, the use of unlawful coins, and the employment of illegal aliens. All have become obsolete and are covered by state or federal laws.

Approve an ordinance amending the portion of city code pertaining to parades and public assembly. A section was added called "Alcoholic Beverages Disallowed Unless Specific Permission Granted."

Approve an ordinance amending the portion of city code pertaining to special events. A section was added called "Alcoholic Beverages Disallowed Unless Specific Permission Granted."

Approve an ordinance changing the zoning designation on 45 acres that will be used for the M Resort from Rural Estates to Tourist Commercial.

Approve an ordinance changing the zoning designation on 3 acres from the northeast corner of Amador Lane and Horizon Ridge Parkway from Office Commercial to Neighborhood Commercial.

Approve an ordinance acknowledging the receipt of the redevelopment play for the Eastside Development Area.

Approve the appointment of Patricia Crawford to the Commemorative Beautification Commission.

Approve the appointment of Larry Seitz and Rob Herr to the Regional Transportation Commission Advisory Committee.

Approve a resolution expressing the intent to change the zoning designation on 22 acres south of Crimson Sage Avenue and West of Viento Puntero Drive from Low Density Residential to Public/Semipublic with a hillside overlay.

Approve a resolution expressing the intent to change the zoning designation on 72 acres east of Nevada Ridge Drive and South of Horizon Ridge Parkway from Low Density Planned Unit Development to Low Density Residential with a master plan.

Approve a resolution expressing the intent to change the zoning designation on 15 acres at Anthem Parkway and Solera Moon Drive from Medium Density Residential with a master plan overlay to Medium Density Residential with master plan overlay.

Approve an interlocal lease agreement that allows Clark County to lease space in the expanded justice facility.

Approve a resolution to allow for construction easements for the construction of the St. Rose sanitation sewer system.

Approve a resolution to record a description of land to be added to the Downtown Henderson Redevelopment Area.