Palm Springs could soon enact a sweeping homeless enforcement ordinance that would give police authority to arrest people who build encampments or sleep overnight in public areas.
The new law, which will be considered by the Palm Springs City Council on Tuesday, would establish for the first time a set of rules for dismantling homeless structures in places like sidewalks, riverbeds and bus shelters, and provide officials with the legal basis for removing individuals from sleeping in public.
The proposal comes on the heels of a Supreme Court decision to overturn a Ninth Circuit Court of Appeals ruling that prevented cities in the western United States from enforcing anti-homeless measures if no additional shelter was available. But it is unclear if the new ordinance takes into account the recent change in federal law.
City Attorney Jeffrey Ballinger did not immediately respond to requests for comment on Friday.
Up until now, local police have had only limited ways in which they could legally address homeless encampments or public sleeping. Police Chief Andrew Mills said in an interview officers have focused on other crimes when attempting to mitigate homeless camps, like lighting fires and blocking sidewalks.
"We have really helped a lot of people get housing, get home to their families, and we saw the numbers dramatically reduce. But in spite of that, we still have a significant amount of individuals who are unhoused right now, who are electing not to take the city’s opportunity to find housing," he said. "For those folks, this is very important because it allows us to say, 'you have one choice. You need to take the housing that is offered to you, or you're going to go to jail, or you need to find different accommodation."
The ordinance provides the city with broad leniency to define prohibited zones for encampments and sleeping. Riverbeds and flood control channels would be one area of focus, along with areas within two blocks of a school or homeless shelter, and within bus stops.
In addition, the ordinance also allows the city manager to declare a public health threat in any part of the city and authorize abatement measures in that area. Encampments which "cause an immediate threat or unreasonable risk of harm" to individuals as well as businesses, religious institutions, educational facilities or government facilities could be targeted as well.
A minimum of 24 hours written notice would have to be distributed before any abatement proceedings could take place, along with information relating to available shelter, like a homeless navigation center. Belongings would be stored for 90 days, and could be picked up later by the owners.
Violation of the ordinance would be a misdemeanor punishable by a maximum of a $1,000 fine and up to a six-month jail term.
During a 2023 "point in time count," the city and partners identified 239 people experiencing homelessness outside of shelters, a 7.7% increase from the previous year's count. The city logged around 200 encampments in riverbeds last year, associating the figure with 150 tons of trash. The fire department attributed 54 vegetation fires and 89 rubbish fires to human activity during the time period as well.
A memorandum to the council lists multiple measures the city has taken to address homelessness, including constructing an 80-bed navigation center that has already partially opened. However, homelessness has continued in the city. The city says new ordinance is an attempt to address those individuals who "are reluctant to accept shelter and other services."
The city council meeting is scheduled to start at 5:30 p.m. on Tuesday, at 3200 E. Tahquitz Canyon Way.
Sam Morgen covers the city of Palm Springs for The Desert Sun. Reach him at smorgen@gannett.com.
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