Yorkville City Council to review proposal to fine, jail city’s homeless

Public homelessness could become a crime punishable with fines and possible incarceration for repeat offenders if Yorkville City Council passes a new ordinance against “public camping” tonight at City Hall.

The ordinance, submitted for approval by City Administrator Bart Olson, cites case law naming the reasons for action as “the promotion of health or the suppression of diseases” and to “maintain pubic property in a reasonably safe condition.” The ordinance also names maintaining public safety and ensuring right-of-way access to public property as reasons for enforcement.

The issue of homelessness, or “public camping” as the ordinance frequently calls it, has not been discussed during any recent city council meetings. The item was not listed on the original city council agenda released for the Aug. 13 meeting but was released days later as a “supplemental packet.”

Listed in the ordinance, any person found guilty of “public camping” on public property will face a $75 fine for their first offense, increasing to $150 for a second offense within a 24-month period, continuing to a $750 fine for a fifth offense.

A sixth offense within a 24-month period includes another $750 fine and a possible incarceration for up to six months with a misdemeanor charge. The sentence may also be mandated community service.

A “separate offense” will be listed “on each day on which a violation occurs or continues,” which means the fines may pile up fast. Any person found in violation may be “immediately removed from the premises” if deemed necessary.

What is ‘public camping’?

The definitions of what constitutes as “public camping” in the ordinance includes using bedding such as a sleeping bag or blanket on public property. It also includes a “campsite” with bedding, a fire, a tent, a lean-to or any other structure on it. It also includes sleeping in a vehicle between midnight and 6 a.m. for more than two hours.

The ordinance outlaws “public camping” on a public sidewalk, street, alley, lane, any public right-of-way, park, bench, under bridges or viaducts, or any other publicly-owned property.

The ordinance permits authorities to remove and take down any “public camping” site or homelessness structure and to seize the contents and property contained within. The person within the site may also be removed from the site and taken into custody.

Items that may be seized include “items appearing to be stolen or otherwise appearing to be evidence of a crime,” “items which the person cannot demonstrate the requisite lawful authority to possess,” and food which could spoil within the next 30 days.

Prior to removing the “campsite” the city would be required to post a 24-hour advance notice of the site’s removal, unless immediate removal is deemed necessary for reasons of public health and safety concerns, to maintain access and to free a right-of-way.

The city will inform an “appropriate agency delivering social services to homeless individuals” so the agency can determine whether or not to help the person.

All personal property removed from any site will be stored by law enforcement for a minimum of 30 days for the person to confirm ownership. The authorities will maintain the right to retain any seized items for evidence.

If passed by city council at tonight’s meeting, the ordinance will come into full effect after its passage and publication in pamphlet form by the city.

Is there legal precedence?

In March, the Illinois Department of Human Rights and the Illinois Office to Prevent and End Homelessness issued a letter to public officials saying they cannot restrict access to public spaces for those experiencing homelessness. The letter cites the Illinois Human Rights Act, the Illinois Civil Rights Act of 2003, and the Bill of Rights for the Homeless Act.

Contained within the Bill of Rights for the Homeless Act, homeless people are granted the right to equal treatment by all State and municipal agencies, without discrimination on the basis of housing status, including the right to use and move freely in public spaces in the same manner as any other person and without discrimination on the basis of their housing status, and the right to a reasonable expectation of privacy in their personal property.

The letter lists 25 communities in Illinois passing recent ordinances criminalizing homeless sites. They argue criminalizing homelessness exacerbates the underlying social issues by increasing isolation, placing more people into the incarceration cycle, and adds extra barriers to housing.

The letter encourages public officials to eliminate discriminatory barriers for people experiencing homelessness and for people seeking shelter.