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If the factual record justifies regulation of the concerning activity, the regulation must be the <br />least restrictive means of accomplishing the goal of lessening or eliminating the threat. <br />At this time, it is premature to adopt any type of anti -panhandling ordinance because we have not <br />had the opportunity to develop a thorough factual record in order to justify such an ordinance. If <br />council wishes to pursue this matter, it should instruct staff to undertake the necessary factual <br />investigation. Alternatively, or perhaps concurrently, council could consider existing laws and <br />ordinances that regulate various types of conduct that have been brought up in this context, e.g., <br />littering, assault, impeding traffic, and review how we might utilize these existing laws to address <br />the issue. In any event, council should proceed very carefully in light of the changing nature of <br />this very litigious area of law and the constitutional issues it raises. <br />BUDGET: No impact to the budget. <br />RECOMMENDATION: Provide direction to staff. <br />