SAN DIEGO — San Diego Police are now ordering people to remove their tents from city streets and sidewalks during daylight hours.
However, because there aren't enough shelter beds available, people will be allowed to put up their tents at night.
Enforcement began October 3, but according to the city, this is a policy that's been used before, most notably in 2017 during the deadly Hepatitis A outbreak that killed 20 people and sickened hundreds of others.
During COVID, police paused enforcement.
"The city is constantly refining our approach to the unsheltered community, trying everything we can to get folks to accept shelter and get off the streets for good," said Mayor Todd Gloria.
"This policy of asking folks to take their tents down during the day I think is an effort to maintain cleanliness and hygiene in the community. It's safety for both the unsheltered and for the sheltered community and the neighborhood," Gloria added.
In less than two years, Gloria says his administration has increased shelter capacity by 38 percent.
According to the city, the policy to force homeless people to remove their tents is based on the City of San Diego's municipal code for encroachment (section 54.0110) which states: “It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right of way, except as otherwise provided by this Code.”
Right now, SDPD is focusing its efforts on the downtown area, identifying "hot spots" using data from the "Get it Done" app.
When asked about enforcement in parks, the city said things get more complicated. Rather than an encroachment violation, people would be cited for "illegal lodging."
According to the city, it cannot force people to take down their tents during the day at a park without a shelter bed available.
The city said it believes SDPD's enforcement of the policy will help prevent large encampments from forming.
Homeless advocate Michael McConnell said he disagrees.
"It’s not going to solve anything," he said. "Just moving people from one sidewalk to another, we’ve done that for the 13 years I’ve been working out here. All we see is more folks that are homeless."
"We certainly need to keep the sidewalks as clean as possible but what the city needs to do is work with the folks that are out here on the sidewalk to try and get actually have somewhere to put trash," added McConnell. "Number one, there are very few trash cans out here for people to put trash in. Actually, come up with some kind of balanced policy that doesn’t just make people spend their whole day moving from one place to another."
San Diego Police released the following statement to CBS 8:
The San Diego Police Department will continue to enforce the City of San Diego’s Municipal Code for encroachment (section 54.0110) that states:
“It is unlawful for any person to erect, place, allow to remain, construct, establish, plant, or maintain any vegetation or object on any public street, alley, sidewalk, highway, or other public property or public right of way, except as otherwise provided by this Code.”
SDPD officers will be asking individuals violating encroachment laws to voluntarily deconstruct their tents during daylight hours. If individuals do not wish to comply, they may be subject to enforcement, which always comes with an offer of services and shelter.
The City has taken this action in the past, following the Hepatitis A outbreak. Given the recent rise in encampments across the city and the risk they pose to health and safety, the City will resume asking individuals to take down their structures. The goal is to clear public rights of way, ensure no health and safety hazards can accumulate over time and ultimately, encourage folks to accept shelter and services.
This action is an extension of the Mayor’s direction in early June to step up enforcement of laws against blocking the sidewalk. Homelessness is a fluid situation, and we’re always evaluating our directives based on changing dynamics. It’s not appropriate for people to live on the sidewalks, especially as the City is increasing shelter opportunities
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