The Washington Post did this article recently
http://www.washingtonpost.com/news/wonkblog/wp/2015/08/13/its-unconstitutional-to-ban-the-homeless-from-sleeping-outside-the-federal-government-says/
I would be interested to see what local
attorneys think of this ordinance.
As it is most Eureka city misdemeanors get dismissed or settled as a part of other cases or even if that is the only case. And we pay attorneys contracted with or working for the City of Eureka to show up. That hourly rate could pay part of someone's rent or security deposit.
Camping is prohibited. Eureka Municipal Code 93.02
-Open Burning without a Permit is not allowed. 2013 California Fire Code, Section 308.2, adopted by the City of Eureka.
-Removal of shopping carts from premises. Eureka Municipal Code 130.30
-Drinking Alcoholic Beverages in Public is prohibited. Eureka Municipal Code 130.01
-Sitting or Lying on Sidewalks in Commercial Districts is prohibited. Eureka Municipal Code 130.12
2. Proposed Rules and Policies
The following rules and policies are proposed to be implemented in the area to manage some of the problems associated with camping:
-Storage of personal property ordinance
-Bicycles are not allowed off trail in the open space. Bicycles are generally used to transport goods that are obtained both legally and illegally into the area. A high number of stolen bicycles are located within the marsh/open space.
-Illegal camping will be enforced. Violators will be provided notice of clean ups 72 hours in advance and are required to remove all physical belongings from the area to be cleaned of trash and debris by the City. Failure to do so will result in citations and fines. The City of Eureka will provide storage containers to assist in these efforts.
-Dogs are not allowed off-leash or to be off the trail further than 10ft. An ordinance amending the current leash ordinance will be drafted for Council review.
-Wood pallets are not allowed in the open space areas and will be removed during weekly cleanups. An ordinance restricting the use of wood pallets in open space will be drafted for Council review.
-No building materials are allowed on open space, including: bricks, cement blocks, landscaping rock, fencing material, wood, piping, and other similar materials. An ordinance restricting these materials in the project area will be drafted for Council review.
-Propane and gas stoves and charcoal grills are not allowed. An ordinance restricting such use will be drafted for Council review.
Again who's going to pay for the clean ups and enforcement of the new codes, that are similar but word changed from laws already there, as always the people. Thank you.
ReplyDeleteExcellent points William.
DeleteExcellent points William.
DeleteThank you.
DeleteSo in effect this will prevent Homeless people from owning bicycles and possessing dogs. Where as "Homeful people" will be allowed to have those items. When you treat one group of people one way, and another group another way, it raises grave violations of the Equal Protection Clause of the Constitution. On the US Supreme Court building it does not say US Supreme Court, it says, "Equal Justice Under Law." The part of the article that says, there is insufficient bedspace for the homeless certainly rings true for Eureka. I wish some housing options for these people could be addressed. The only place where people don't seem to object to them being housed is the County Jail. Yet is that what that facility was built for? Don't most of these low-level offenders get tossed ASAP? I think this ordinance is a can of worms. I was urged to address it at the Council meeting (lots of folks got that E-Mail I assume.) I am too busy and can't make that meeting because I have another meeting where I plan an event to help homeless vets. Those are where my priorities lie.
ReplyDeleteEither Eureka is a city of law & rules or we are the wild west where anything goes.
ReplyDeleteThere are a few hundred people in town who think they are above the law. Eureka hands out eviction notices that are ignored and laughed at. When they refuse to go the city responds "Oh dear, what can we do they won't obey the law?"
Once upon a time people were concerned about our marshes & wetlands and passed all kinds of laws to protect them. Now this lawless element trashes & destroys the marshes with impunity.