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Council introduces ordinance to ban sleeping or camping on public property; debate centers on homelessness strategy

3372488 · April 2, 2025
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Summary

The City of Summit Common Council on April 1 introduced Ordinance 11871, which would add section 3‑19 to the municipal code to prohibit sleeping or camping on sidewalks, parks, streets and other public property.

The City of Summit Common Council on April 1 introduced Ordinance 11871, which would add section 3‑19 to the city police regulations to prohibit sleeping or camping on sidewalks, parks, streets, benches and other public property.

The measure was introduced by Councilman Boyer and carried on a 5‑1 roll call after several council members and public commenters debated whether the ordinance would help protect public spaces or set back the city’s recent, data‑driven effort to reduce homelessness.

The ordinance text read into the record by the clerk says it would "establish[] clear rules that prohibit sleeping or camping in public spaces, such as sidewalks, parks, streets, benches, and other public areas," and says the purpose is "to preserve the safe and accessible use of public property for all residents, pedestrians, and businesses." Councilman Boyer said the ordinance aims to address "obstructions and public nuisances caused by encampments while ensuring our shared spaces remain clean, safe, and welcoming for the community." He moved to introduce the ordinance for a final hearing.

Councilwoman Toth strongly opposed the introduction at this stage. "I oppose the introduction of this ord ordinance," she said, noting the city’s task force and shelter diversion strategies and a recent presentation at the National Alliance to End Homelessness conference. Toth told the council the Summit approach has "drastically reduced the number of unhoused and has improved public safety," and she said several service providers had come to show their opposition. She named organizations present in the chamber as Family Promise, Monarch Housing, Bridges, SHIP and Grace.

Councilman Pawlowski countered that the council is trying to balance compassion and accountability. "We are balancing compassion with accountability and upholding law and justice," he said, adding, "We wanna prevent homelessness, not maintain it." Pawlowski also reminded the public that the current administration and the mayor’s task force had worked to house 20 individuals recently.

Mayor Fagan, speaking earlier when ordinances were introduced, apologized to the mayor’s homelessness task force for not giving the task force "a heads up on the sleeping and camping outside ordinance" and said the timing was an unfortunate coincidence with the ending of a local program. She also said the final hearing is scheduled for three weeks from the meeting, on the 22nd, and that the hearing date cannot legally be moved once announced.

Bridges Outreach President Richard Uniak spoke during public comment in support of the city’s housing‑first and rapid rehousing efforts. "We were doing all the things right," Uniak said, describing a by‑name list and weekly case collaboration and urging continued emphasis on prevention and rapid rehousing.

Council members voted by roll call to introduce the ordinance. Votes recorded in the meeting transcript were: Councilman Boyer — Aye; Councilwoman Hamlet — Aye; Councilwoman Kalmanson/Cowmenson — Aye; Councilman Pawlowski — Aye; Councilwoman Toth — Nay; Council President McTiernan — Aye. The clerk announced "Motion carries." The council did not adopt the ordinance at the meeting; the measure was set for a public hearing in three weeks.

Supporters of the ordinance framed it as a public‑safety and accessibility measure for sidewalks, parks and downtown walkways; opponents warned that introducing a criminalizing ordinance after multi‑year, housing‑first work could erode trust with service providers and disrupt progress on rapid rehousing and prevention. Several local service organizations were present in the audience to express opposition, the transcript shows.

The council’s next formal step is the advertised hearing, when the body will take public testimony and can debate amendments or vote on final adoption. The mayor and multiple council members encouraged residents to submit written comments to the clerk before the hearing; the clerk instructed speakers to provide copies of any prepared remarks for the public record.

For now, the ordinance exists as an introduced ordinance (ID 11871) and will return to the council for a final hearing and vote on the date announced by the clerk.