Camping ban in Visalia could result in fines and prison sentences for homeless people

VISALIA, Calif. (KFSN) – In the South Valley, homeless people camping on Visalia city property risk a fine of several hundred dollars or arrest.

The emergency order follows a Supreme Court ruling last June in which a judge ruled in favor of the city of Grants Pass, Oregon.

They argued that homeless people could be arrested if they camped on city property.

Action News met with Visalia City Attorney April Lancaster on Wednesday morning.

Our first meeting was on August 12, the day the Visalia City Council voted to implement an ordinance banning camping on city property, in city parks, and on hiking trails.

Fines start at $100 for the first offense, $200 for the second offense, and can go up to $500 and 30 days in jail for the third offense.

“In my opinion, they are criminalizing homelessness without providing resources,” April says.

The emergency decree was passed by a vote of 4:1.

Council member Emmanuel Hernandez Soto voted no.

Meanwhile, Steve Nelson, Brian Poochigian, Brett Taylor and Liz Wynn voted yes.

The decision followed concerns raised by Mayor Poochigian after hearing from people in the community.

“Finding discarded syringes and condoms is not conducive to a welcoming park, so we want to make it accessible to families so they can have birthday parties there. In that case, we want to relocate the transient population,” said Nelson, who first requested the ordinance.

The city estimates that more than 1,600 people are homeless.

But since there are no emergency shelters, people don't know where to go.

April says that includes families, and she worries about those who are barely making ends meet.

“I think we just need a more people-centered approach in the city of Visalia. I think there needs to be some changes in the city council so that we can be more people-centered and hire people who understand what the average citizen is experiencing,” April said.

Visalia police say they are focused on long-term solutions rather than code enforcement, adding, “Homelessness is a complex and difficult problem with very few solutions, especially at the law enforcement level.”

The ministry says there is a need for emergency shelters and mental health and substance abuse resources.

There are nonprofit organizations and county-level efforts to provide housing and resources, including an orientation center, for homeless people in Visalia.

However, it is not known exactly when these will be available.

Both the City of Visalia and the Visalia Police Department answered detailed questions about the ordinance, which you can read below:

Q&A with the city of Visalia:

Q: What resources does the city provide to the police to help enforce the ordinance?
A: Our police department will receive strong support from the Building Inspectorate, HOPE Team and Parks Department in addressing homelessness to ensure a consistent and effective approach to addressing the challenges involved. Staff will continually assess and decide whether operational changes or additional resources should be recommended to the City Council.

Q: Are there any plans by the city to build an accessible emergency shelter in Visalia?
A: The City has been a significant financial partner with CSET and TC Hope in the development of the Navigation Center, which will serve as an accessible accommodation. You will need to contact CSET for a definitive time frame.

Q&A with Visalia Police:

Q: Will the regulation be enforced? Or when will the regulation be enforced?

A: The Visalia City Council passed the ordinance amendment on August 12, 2024, as an emergency ordinance, meaning the ordinance went into effect immediately after the vote on the ordinance amendment.

The Regulation is enforceable, but we have not yet had to take any enforcement action or received any complaints regarding the amended Regulation, which has a very limited scope.

Q: Where does the city put the things it takes from the homeless?

A: When a camp is moved, we always try to have residents take all of their own belongings with them. If that is not possible, the City has a location to store property for 90 days and a process for returning property. When camps are moved, residents are also notified in advance that the camp will be vacated so they can take their belongings with them and that any property not taken can be disposed of.

Q: What are the details of the regulation? Including fines, arrests, etc.
A: The Visalia City Council's action on Monday, August 12, 2024, was to amend a section of the city's municipal code (Chapter 12.32) consistent with the U.S. Supreme Court's recent ruling in Grants Pass v. Johnson.
This measure was very limited in scope, as it simply repealed a provision that allowed homeless individuals to camp overnight in a city park if shelter was not available. The ordinance already prohibited camping in parks during normal park hours, already prohibited the use of tents or enclosed structures in the parks, etc. The use of tents or enclosed structures overnight was also already prohibited. This ordinance change now states that individuals may not camp overnight in the parks even if shelter is not available.
Prior to this change in law, the Visalia Police Department and Visalia Code Enforcement used existing code provisions to prevent the establishment of encampments in the city's parks and trails, as well as on public property. Unlike in other communities, these efforts have prevented the establishment of large-scale encampments. However, this is a challenging problem that requires a lot of work from the department's Homeless Outreach and Proactive Enforcement (HOPE) team, as well as the city's Code Enforcement team.
Violating these ordinances – camping in a park – is a misdemeanor and is punishable by a fine or arrest. However, when these ordinances are enforced, the violator is typically issued a summons to appear in court. Fines are $100 for the first offense, $200 for the second offense, and up to $500 for the third and subsequent violations. We do not cite people for city ordinance violations. Some people are cited if other offenses are discovered at the time we contact them (outstanding warrants, drug possession, etc.).

Q: What impact does this have on the department?
A: Due to the limited scope of this change and the work previously done by the Police Department and Building Inspection Department, this change alone does not have a significant impact on the Department. However, the issue of homelessness does impact the Department and its resources. Homelessness is a complex and challenging problem with few solutions, particularly at the law enforcement level. We work closely with the Building Inspection Department and also with other community organizations or service providers to find more effective and long-term solutions than law enforcement provides. However, there is a need for more resources (shelters, mental health, substance abuse, etc.). The City has very professional resources with our Parks, Hope and Building Inspection teams. Changes in the situation are constantly being assessed and this will be the case with this issue as well. Staff will be evaluating on an ongoing basis and will determine if operational changes or additional resources should be recommended to City Council.

There are a number of local resources, including salt & Light, Community Services Employment Training or CSET, and the Visalia Rescue Mission.

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