Fremont City Council is considering an ordinance that would make it illegal for someone to camp on any public property. Jocelyn Moran reports.
Fremont city leaders late Tuesday passed an ordinance banning encampments on public property and making it a misdemeanor crime to aid and abet an illegal encampment.
The ordinance passed on a 6-to-1 vote, with Fremont Mayor Raj Salwan saying the city will not punish people who provide resources to the unhoused - like water or clothing. However, the council declined to amend the “aiding” and “abetting” language that many homeless support groups had raised concerns about.
The mayor says the ordinance is focused on those who try to help set up encampments and makeshift wooden structures.
Salwan added that the ordinance would be at least 30 days before the ordinance becomes law, and from that point, there will be a period of socializing the law before full enforcement begins.
There was a lot of opposition to the proposal from the community. It was a packed room in the Fremont City Council chambers Tuesday night.
Many residents voiced their concerns over a proposal that would make it unlawful for someone to camp on any public property, that includes streets, sidewalks, parks, waterways and empty spaces.
"My biggest concern is it will actually cause an increase in homelessness," said. Vivian Wan, CEO of Abode Services. "It actually doesn't solve the problem. So, if folks are cited or just moved along, they're always worried about where they're going to be next, and not concentrating on housing or not actually connecting with us.”
If someone is caught violating the ordinance, they could face a misdemeanor and could get a fine of up to $1,000 and/or jail time. That also goes for someone helping build an encampment.
"The ordinance does not make it a violation of the municipal code to provide someone food or clothing or other amenities," said Fremont City Attorney Rafael Alvarado Jr.
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Fremont police Chief Sean Washington said the ordinance provides another tool if they are not able to get voluntary compliance.
“Arrest is the last option," he said. "And it's only in those extreme situations, where we do identify some sort of conflict, hazard or safety issue and we’re unable to get cooperation with that occur."
