Mayor Jerry Dyer, center, and three Fresno City Councilmembers unveiled a plan Friday to crack down on people sleeping or camping on public property. Business owners back the proposed ordinance. (GV Wire/David Taub)
- The Fresno City Council will discuss an anti-camping ordinance at a special meeting on Monday.
- The U.S Supreme Court recently ruled cities can exercise more enforcement against homeless camping.
- Gov. Gavin Newsom is encouraging cities to create enforcement mechanisms.
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Saying the residents of Fresno are fed up, Mayor Jerry Dyer and three Fresno City Councilmembers unveiled a plan Friday to crack down on people sleeping or camping on public property.
“The people of Fresno have been patient long enough and their patience has run out. They are fed up. We are fed up.” — Mayor Jerry Dyer
Weeks after the U.S. Supreme Court ruled that cities like Fresno could start enforcing anti-camping laws, and a day after Gov. Gavin Newsom encouraged cities to do so, city leaders announced their intentions to deal with street people, the mess some of them leave behind, and their negative impacts on businesses.
“The people of Fresno have been patient long enough and their patience has run out. They are fed up. We are fed up. And the state of California is fed up with our unsheltered population that is having a negative impact on our communities,” Dyer said at a news conference at City Hall.
The problem is particularly prevalent along the city’s canals, at strip malls, and at convenience stores.
Joining Dyer at the news conference: Councilmember Garry Bredefeld, Tyler Maxwell, and Miguel Arias.
Related Story: Newsom Issues Executive Order for Removal of Homeless Encampments in California
Special Meeting Scheduled for Monday
The city council has scheduled a special meeting Monday at 11 a.m. to discuss the ordinance. The proposed ordinance would ban people from sitting, laying, or sleeping on public property at any time. Penalties include up to a $1,000 fine and up to a year in jail. If passed, the ordinance would go into effect Sept. 15.
Dyer said police officers would have “flexibility” in enforcement and would emphasize offering services and shelter to the homeless people they encounter.
“We want to make it perfectly clear. For those who are defiant, who return to the locations after they’ve been asked to leave, who do not heed the warnings of of law enforcement. Our HART (the city’s Homeless Assistance Response Team) team, our officers will be encouraged to arrest those individuals so that they can be held accountable,” Dyer said.
That flexibility, Dyer and City Attorney Andrew Janz said, would allow an officer to enforce someone suspected of camping, versus someone napping under a tree.
The theme of the news conference seemed to be accountability, uttered at least 12 times by Dyer and other city councilmembers.
“Every person is accountable for the choices they make in life. Every one of us, those who choose to engage in drugs, criminal behavior, live on streets, harass business owners, create unsafe and unhealthy conditions in our community, must be held accountable,” Bredefeld said.
Fresno County on Thursday announced its plans for similar legislation.
Related Story: Brandau Wants County to Start Clearing Homeless Encampments
Business Owner: Enough Is Enough
“It really is a difficult thing. It’s usually at night and early in the morning, I have most of the problems.” — Ed Noriego, owner Valley Remnants and Rolls
Ed Noriego, owner of Valley Remnants and Rolls, said homeless people have threatened him with weapons, broke his businesses’ windows, and left human waste on his doorstep.
“It really is a difficult thing. It’s usually at night and early in the morning, I have most of the the problems,” Noriego said.
He has adjusted to the situation by not allowing his employees to be at the business alone.
Noriego understands that several homeless people he deals have mental illness or substance abuse addiction. He would rather not have them go to jail.
“I think when you have an addiction, do I want to go to jail for a year? Or do I want to go to rehab for six months? I think that’s a way more compassionate than just pretending (the addiction) is going to go away,” Noriego said.
City Attorney Will Be in Charge of Enforcement
City Attorney Andrew Janz and his office would be directly responsible for enforcing the law.
Janz said he would not offer plea bargains. The law allows the city attorney to prosecute such cases directly instead of going through the district attorney.
He said he would rather use the “carrot” approach of offering services but is willing to use the “stick” and not plea bargain.
“We’re going to ask judges. We’re going to ask juries to impose the maximum sentence, especially for the repeat offenders,” Janz said.
Councilmember Miguel Arias said Janz “has the necessary resources” to prosecute.
While the law would cover camping on public property, private owners could register with the city to allow officers the authority to enforce there as well.
Five years ago, the city installed signs discouraging panhandling. Arias initially supported the concept only to change his mind.
Arias explained why he is again vigorously backing laws that crack down on people living on the streets.
“Back then, we didn’t have $400 million of support services available to the population and to the community that was homeless,” Arias said. “Back then, we didn’t have 800 to 900 beds available for folks. Back then, we only had 10 shelter beds for a city of more than half a million. Things have dramatically changed in the last (five) years.”
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