A city homeless encampment ban ordinance that will allow county sheriff's deputies to cite people for sleeping on public property if they refuse a shelter bed, and confiscate unlawful personal property within 24 hours' notice, takes effect Thursday.
Formally passed by the Poway City Council on July 19, the ordinance will "allow the (San Diego County) Sheriff's Department to abate illegal encampments in the city with 48 hours' notice," according to the city of Poway. Before removing an encampment from public or private property, deputies will offer a homeless person an available shelter space.
According to the city, "offering resources will always take priority over enforcement," but the ordinance will let the Sheriff's Department remove unoccupied encampments, such as tents.
The Poway ordinance covers what type of camping is allowed, unlawful storage, parking, removal of personal property, declaring a public nuisance, penalties, enforcement and violations.
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According to an earlier city agenda report, the ordinance would allow the city to ensure public areas "are maintained in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure the public property is used for its intended purpose and remains accessible to all citizens, businesses and visitors in the city."
"Nothing in the proposed ordinance is intended to interfere with otherwise lawful and ordinary uses of public property," according to the city.
Recently, Mayor Steve Vaus and Councilman Brian Pepin asked staff and the City Attorney's Office to review how Poway could "protect its public spaces for safe use by all, before any significant problems develop," City Attorney Alan Fenstermacher wrote in the agenda report.
On Tuesday, Pepin said he is confident the city and local law enforcement will be able to enforce the ordinance in an effective manner.
"Poway doesn't have a large homeless population like the city of San Diego, but we do have a growing problem," he said. "I do feel we need to get ahead of this problem before it continues to get worse."
During the June 6 council meeting, Pepin said that in late April, two parents told him that a number of recreational vehicles and campers on Pomerado Road were rapidly becoming a homeless encampment near a school.
Pepin added his proposal "is a reasonable way for us to have an additional tool in the tool kit."
Vaus said that while public safety is always the top priority for city leaders, it's also important for residents and visitors to feel safe as they use Poway public spaces and trails.
Lt. David LaDieu, Sheriff's Department spokesman, on Tuesday, said via email that Poway deputies "have been educating the unhoused population on the new ordinance and when it will take effect."
"We will continue to provide resources to the unhoused population in our effort to get them any assistance they may need," LaDieu said.
The San Diego Regional Task Force on the Homeless reported that there were 23 homeless people living in Poway as of last year. The city, however, said it’s more like five or six. No matter the exact count, residents and some local leaders expect a migration from downtown San Diego since the city created its own encampment ban.
Poway, like other North County communities, doesn’t have its own shelter, but it contracts with the North County Bridge to Housing Shelter Network.
