Camping ban nears approval

The City of Shelton is one step away from outlawing camping on city right-of-ways, a measure designed to persuade homeless people to either accept official shelter and other services and or move along.

The Shelton City Council on Tuesday gave preliminary approval to the ordinance, which would make it a misdemeanor to stay overnight in a tent, hut, lean-to or other temporary shelter or structure on city land "which is reserved for any public purpose, including city-owned rights-of-way, parks, public facilities, easements, critical areas and buffers." The council can make the law official at its Nov. 2 meeting.

The crime would be a misdemeanor, and punishable by up to 90 days in jail and a $1,000 fine.

Under the proposed ordinance, personal property associated with the camping on pubic property can be removed by the city. The proposed ordinance states "materials that are toxic, dangerous, or obviously refuse may be disposed of immediately." Other personal property would be stored for 60 days following notice of the owner, to be picked up.

At Tuesday's meeting, City Manager Jeff Niten stressed that if no shelter beds are available, the city cannot enforce the penalties for violators. City police will check each day to see if beds are available at local shelters, he said.

In the proposed ordinance, the city states that "unsheltered homeless individuals live in conditions, such as tents and makeshift shelters, that are not acceptable for long-tern human habitation and are not conducive to the health, safety an welfare of homeless individuals or the general public."

The ordinance states that the city cannot afford to clean up homeless encampments, many of them located on environmentally sensitive areas such as wetlands and riparian habitats.

Under the proposed ordinance, a number of conditions must be followed before anyone could be cited for public camping.

A city employee must first make contact with the violator and advise them of the prohibition on public camping. If the violator then does not remove their camp, or erects a camp on a different city site, the city employer informs the violator of available indoor shelter. If the violator is not allowed inside the shelter due to their criminal record or sex offender status, they can be cited.

Council member Eric Onisko suggested the council table the vote on the ordinance and instead form a committee to look further into the proposal.

"I think we're jumping the gun making this a misdemeanor," he said.

Onisko proposed an amendment making public camping a civil penalty and not a criminal one. Council member Kathy McDowell seconded that motion, but the amendment was defeated by a 5-2 vote. The council then voted 5-2, with McDowell and Onisko opposed, to the proposed ordinance.