The Town Council voted during its Aug. 22 regular meeting to reject a proposed ordinance aimed at regulating solicitation within the Town of Fountain Hills. The ordinance was one of three related to issues raised at a June council session. In his staff report to the council, Town Attorney Aaron Arnson noted that in June the council had discussed “a variety of options to alleviate the negative secondary effects of homelessness, both for those individuals who experience unsheltered homelessness and for business owners and residents.”

Councilman Allen Skillicorn had asked staff to bring back a soliciting ordinance that mirrored one passed in the City of Glendale. Arnson said his proposed language was the same as one approved by Glendale in 2022 except for changing the name of the municipality. It was noted in previous discussions that Arnson had advised the council in closed session that there were legal issues with the Glendale law. The proposed ordinance before the council prohibited “any person from soliciting money or other items of value, or from soliciting the sale of goods or services in an aggressive manner in any public area.”

Councilwoman Peggy McMahon noted Arnson’s advice not to pass this ordinance.

“This is still very broad and sweeping and a legal threat to Glendale,” she said. “I don’t think this stands up to the Constitution.”

Councilwoman Brenda Kalivianakis, a retired attorney, agreed with McMahon. “In its current state this is clearly unconstitutional. It can be fixed, but it is clearly directed at panhandling.

“I don’t see solicitation as an issue that is that compelling. We have time to fix and reconsider. Why risk it knowing we don’t have a chance in court?”

“This is to protect citizens and visitors,” Skillicorn said. “To protect them from fear and intimidation from aggressive solicitation.”

“Aggressive behavior is never okay,” Mayor Ginny Dickey said. She suggested changes could be made.

Vice Mayor Sharron Grzybowski wondered how legal solicitation is handled through permitting, etc. Arnson said that is a concern when considering holiday bell ringers or even Girl Scout cookie sales and how to accommodate those activities.

Skillicorn and council members Gerry Friedel and Hannah Toth supported the ordinance. Kalivianakis joined Dickey, Grzybowski and McMahon in opposing approval. At the close of the session, there was enough support to direct staff to consider changes and bring back the ordinance at a later time.