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City of Vista begins enforcing its encampment ban

"For those individuals we have offered help to more than 20 times, there needs to be an option on the table to take those people to jail," said Mayor John Franklin.

VISTA, Calif. — The City of Vista is the latest city in San Diego County to vote in favor of enforcing its encampment ban.

According to Mayor John Franklin, he directed law enforcement to begin enforcing Vista's encampment ban on Wednesday.

Mayor Franklin told CBS 8 there are 170 people living on the streets in Vista. He said what's frustrating is more than 90% of them refuse to get help. Therefore, he said jail time has to be on the table.

"We don't want to fine people who don't have money, We don't want to impose criminal records on people and make it harder for them to get housing and jobs," said Mayor Franklin.

Franklin said he wants people to accept treatment.

"For those individuals we have offered help to than 20 times, there needs to be an option on the table to take those people to jail," he said.

"We want them to say 'Yes' to the help we're offering, but with no stick, there's no pressure, there's no reason they would have to say yes," said Mayor Franklin. "We've got to create that pressure, and we have to use the criminal justice system to do that."

Homeless advocates say encampment bans are not going to solve the problem. 

CBS 8 spoke to Deonte Hill Wednesday afternoon. He said he's a military veteran who has been unhoused on and off for years.

"We're all humans, you know, that's not right. People go through ups and downs," said Hill.

He said some of the help that's offered is too restrictive.

"I have to be in by 8:00, I can't have friends. No, that's too much like being locked up in jail," he said.

CBS 8 reached out to the San Diego County Sheriff's Department to find out how deputies will be enforcing the rules. A spokesperson sent the following statement:

Deputies will address violations of the law or camping ban ordinance violations on a case by case basis. They will evaluate each situation individually, while following Sheriff’s policy and the law. We will treat homeless individuals with compassion and our core mission of public safety will be at the forefront of every contact.

A violation of a city camping ban ordinance does not rise to the level of a bookable offense in the county jails. Sheriff Martinez will not jail individuals merely because they are living on the streets.

Tense moments during Tuesday night's council meeting

During Tuesday's council meeting, there were tense moments between Mayor Franklin and Council Member Corinna Contreras. 

"Ask any deputy, any of the people who live in these encampments, rape is a constant, and should not be tolerated," said Mayor Franklin

"I'd like to make a point of order, we have a lot of children here," interrupted Council Member Contreras.

"Yes and we need to protect those children," said Mayor Franklin.

"Ok let's go for the vote," said Council Member Contreras.

"Please don't interrupt other speakers of the council, please maintain decorum," said Mayor Franklin.

"Point of order," said Council Member Contreras.

"What's your of order?" asked Mayor Franklin.

"That we have children here, and this has gone beyond," she responded. 

"Yes it has gone beyond. Allowing people to sleep on the front door of their school has gone beyond. Making their teachers clean up feces off the front door of their schools, has gone beyond. When will we stand up for the children of our community? You’re afraid of offending them with a word. I’m afraid of offending them with actions that play out in front of them every single day," said Mayor Franklin.

Council Member Contreras got up and left the meeting for a moment. 

When she returned, she abstained from voting. The measure passed with 4 votes, including the mayor's.

CBS 8 reached out to Council Member Contreras for comment. She sent the following reply:

"I laid out the additional code clarification needed regarding the definition of "camping" as well as the serious need to help folks that may be additionally harmed by incurring an infraction(s) and/or misdemeanor(s). I clearly stated that if those provisions were considered I would be in favor of voting "yes" and my colleague Councilmember Green agreed as did other colleagues. The Mayor then when on to yell at length about folks being raped and politicized the serious issue of rape. We had many children and their families in the audience that were patiently waiting for their opportunity to speak on a different discussion item regarding youth scholarships. I could not stand back while inappropriate content was being yelled out. I made a point of order and the Mayor continued to yell about rape with zero regard for our very young audience. I needed to take a moment away from the dais. In the quick moment that I took the Mayor finally stopped yelling and called for the vote while I was returning to my seat. Therefore I abstained."

WATCH RELATED: Newsom threatens to pull funding from cities, counties not clearing encampments

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