BY MARK J. CRAWFORD
Individuals without housing who may have found accommodations on public property are now prohibited from sleeping there by state law.
The law leaves it up to cities and counties to decide whether to designate a public space where the homeless can go, providing a list of requirements are met.
Capt. Kevin Mueller of the Bradford County Sheriff’s Office broached the discussion while updating the city commission about traffic enforcement on downtown streets, including the frequency of large delivery trucks making deliveries to local businesses.
Mueller said the sheriff’s office met with city officials about using cameras to help law enforcement monitor what is happening in city parks. In addition to driving and parking signage, he said the city parks need signs displaying when the parks are closed so the sheriff’s office can enforce those hours, lock up the bathrooms and prevent vandalism.
The signage would forbid trespassing in the parks and the city pavilion past dusk or a specific hour, he said, including any unhoused person using public property to sleep.
“I think we’re being pretty successful at getting homeless people from underneath the roadways (overpass) and at the pavilion, but eventually we’re going to need some teeth,” Mueller said.
Attorney Danielle Adams said Mueller made a salient point, mentioning state legislation that as of Oct. 1 made it illegal to sleep in such public locations, whether in a tent, temporary structure or the open air. As of Jan. 1, cities and counties could be subject to a civil lawsuit from a resident or business owner for failing to prevent it.
Adams said their office would be bringing an ordinance to the commission with options for implementing the requirements of the state law. She said some cities like have decided to simply tell people to move on. Others are addressing it through code enforcement, issuing citations and fining individuals for violating the law.
Adams said it’s hard to know how everything will play out with this new legislation. She predicted litigation.
“It was a big change in the legislation and the case law history. Up until then, it was considered cruel and unusual punishment to punish homelessness, and so the Supreme Court saying this year, ‘No, it’s not,’ was news,” she said.
The legislation does not allow counties or cities to permit general camping or sleeping on public property, including in public buildings, on their premises or on public rights of way. They may designate a specific public property for this purpose with the concurrence of the Department of Children and Families only if there are insufficient beds in shelters to house the homeless, the area designated does not abut a residential area, and the location does not “materially affect” residential or commercial property values.
Fiscally constrained counties like Bradford are spared additional requirements that could prove costly, including providing security, maintaining sanitation and coordinating behavioral health services such as substance abuse and mental health treatment.
They would have to prohibit use of alcohol or drugs at any such site.
Such a site cannot be designated for more than a year without a review by DCF, and the agency may inspect the properties at any time and order the closure of any site that does not meet statutory requirements.
If a resident or business owner prevails in a civil action against the city or county for failing to prevent camping or sleeping on public property, the court may award reasonable expenses incurred in bringing the civil action. A complainant must first provide written notice to the city or county regarding the violation.
The provisions of the law do not apply during a state of emergency declared by the governor or the county. Likewise, the law does not apply to staying overnight in a vehicle that is registered, insured and located in a place where it may lawfully be. Nor does it apply to camping for recreational purposes on property designated for such purposes.
