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Councilors discuss strengthening Fountain Hills code on urban camping, ask staff to assess legal tools
Summary
Councilmembers debated changes to Chapter 11 of the town code on urban camping, discussed the future of a contract for shelter beds and asked the town attorney and staff to identify legal options and penalties that would give deputies additional enforcement tools.
Councilmembers discussed possible changes to the town code chapter on urban camping after members said the problem had increased since prior changes to the code.
Councilmember Allen (staff/council remarks) described visible camping and loitering on sidewalks and private property near the fountain as a continuing problem. “It sounds to me … that their hands are tied in many cases,” he said regarding the Sheriff’s Office, and he proposed strengthening penalties and considering “an aggregate aggravated penalty” where additional aggravating conduct would increase the penalty.
Captain Thomas, Maricopa County Sheriff's Office, told the council deputies have limits under current law and that a recent Supreme Court ruling removed a requirement that municipalities provide a bed in some circumstances. Thomas said deputies have responded to urban camping calls and have offered services, but many individuals refuse assistance.
Council members asked staff to report back. Councilman Rick Watts noted the town’s contract with CAS (a local shelter bed provider) had been renegotiated downward to $15,000 for the current fiscal year and that the town is pre‑paid through the next year. Councilwoman Gail Earl asked staff to confirm how often the paid beds have been used; staff said there had been no recent use in the two-year contract period. Several council members said the question of whether CAS contract funds should be reallocated should be considered during budget planning.
Mayor Jerry Bridal summarized direction: staff and the town attorney should research legal options to strengthen enforcement tools, the town’s penalties and whether code changes are permissible, and return with options for council consideration; staff said they would pursue that work and fold it into upcoming budget conversations as appropriate.
Why it matters: Council members signaled interest in updating local law and coordinating with MCSO on enforcement capacity and budget priorities. Staff will return with legal analyses and budget options.
Where this came from: Discussion during an agenda item described as “modification of the town code chapter 11 regarding urban camping.” No ordinance change was adopted at this meeting.
