The Town Council voted to ban urban camping in Fountain Hills when it met on Tuesday, Aug. 22. This is one of three ordinances considered related to addressing issues surrounding homelessness concerns.

The ordinance prohibits the “using of a public street, alley, lane parkway or other right-of-way whether such a right-of-way has been dedicated to the public, in fee or by easement, for lying, sleeping, remaining in a sitting position thereon, or camping, except in the case of a physical emergency or the administration of medical assistance.” It also prohibits camping in any public park or place, except where specifically authorized by the Town.

Town Attorney Aaron Arnson told the council he could recommend approval of this ordinance in spite of a ruling from the Ninth Circuit Court of Appeals related to two cases stating the Eighth Amendment prohibits the imposition of criminal penalties for camping on outdoor public property for homeless individuals who do not have an alternative.

Providing the Town can do an assessment of the situation and provide an alternative shelter option to the individual, the ordinance is constitutional, according to Arnson.

“The court never said the ordinances (it ruled on) were unconstitutional, but they can be unconstitutional as applied,” he said. “It can be enforced when you provide them an option for shelter.”

“Consistent with federal law (this ordinance) may be enforced where an involuntarily homeless person has access to a shelter space or an alternative location to go to upon being ordered to vacate the area,” he added in his staff report to the council.

Councilman Allen Skillicorn supported the ordinance and was pleased staff was able to return quickly with proposed regulation. “We are letting certain people allow our town to become blighted,” he said.

Councilwoman Peggy McMahon opposed the regulation. “We just can’t arrest our way out of a problem,” she said. “This is not a solution, it makes it worse.”

The Town has for some time allocated in its annual budget funding to the Maricopa Association of Governments (MAG) to support shelter services in the region. However, it was noted that rather than a general contribution, the Town should work with a specific shelter with a contract arrangement to provide alternative shelter to homeless individuals in Fountain Hills. Staff is preparing to follow up on that arrangement. Interim Town Manager Rachael Goodwin said the funding in the budget for the current year has not yet been spent and staff would work on a shelter arrangement.

Mayor Ginny Dickey said that with staff seeking dedicated shelter services she could support the ordinance. She did move for an amendment to remove language specific to individuals in the “sitting position.” The motion did not pass.

The final vote on the urban camping ordinance was 5-2 with McMahon and Vice Mayor Sharron Grzybowski opposing.