URBANA — City council members on Monday night made no decision on an ordinance that would prohibit some forms of panhandling, but they began exploring the First Amendment and what some call "moral" issues surrounding such a law.

The council will again consider the ordinance at its next committee-of-the-whole meeting in two weeks.

"We do, at the city, have the right to regulate panhandling in the interest of the public good," said Alderwoman Diane Marlin, D-7.

She believes the ordinance strikes a balance between individuals' rights to free expression and others' rights to feel safe.

According to city documents, courts have upheld panhandling as a protected form of free speech, but governments do have the right to place limits on the behavior. Under the proposed ordinance, panhandling would be prohibited on public property in the Philo Road business district, near bus stops, within 20 feet of an automated teller machine or in city-owned parking lots and garages.

Some forms of asking for donations, like holding a sign, cup or a hat, would not be considered panhandling.

"Aggressive panhandling" would also be prohibited, meaning it would be illegal to use profane or abusive language, to touch another person while asking for money or other charity, blocking that person's path or continuing to solicit someone who has already refused an earlier request.

Violators would be subject to a $165 fine after receiving a warning on the first offense — speakers on Monday were opposed to the enforcement mechanism that would be used against people asking for change.

Residents also spoke in opposition to the proposed ordinance on issues ranging from morality to legality.

"The panhandling ordinance that's written is discriminatory against the homeless and the poor," said Chris Evans. "Us asking politely of each other for assistance should never be a crime."

The area of the ordinance dealing with the protection of people's physical safety is a different story, he said. But he proposed that there are already state laws, like those outlawing battery and assault, dealing with those issues.

Others worried about First Amendment infringements.

"Protecting people's physical safety is a good thing, but, gee, can't you do it without restricting free speech?" Esther Patt asked of the council. "To make unlawful the utterance of words is reprehensible. It's un-American."

Acting city attorney Curt Borman said the proposed ordinance was tailored to avoid Bill of Rights infractions. He said parts of it were, word-for-word, consistent with language that courts have upheld.

"When you're dealing with First Amendment issues, it's not the time to be creative," Borman said.

The ordinance was designed to deal with an increase police calls in southeast Urbana regarding panhandling, Mayor Laurel Prussing said. Some are afraid to go shopping in the Philo Road business district because of panhandling.

Theresa Michelson, a resident of that area, told the council that those asking for money in that area have been very aggressive in how they do so.

"People are stopped, they're waiting in McDonald's or Burger King for their food, they are walked up to by a person and asked for money," Michelson said, adding the elderly are also targeted.

Police Chief Patrick Connolly said there are some who are "forcefully" asking for money and others who feel they have no choice but to donate.

"When they understand that there are consequences for that type of behavior, I believe they will stop doing that," Connolly said.