Fate staff outline new trespass and nuisance tools; council cautioned by constitutional limits
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Summary
Police and the city attorney presented code and penal‑code options to address criminal trespass, prohibited camping and aggressive solicitation, emphasizing constitutional constraints and the city’s obligation to connect people experiencing homelessness with services rather than criminalize homelessness.
City legal and police staff outlined possible additions to Fate’s code of ordinances on Nov. 11 to address criminal trespass and nuisance issues, but emphasized recent court guidance and constitutional limits on enforcement.
City Attorney Jennifer (name used in presentation) and the police chief reviewed state penal‑code provisions—criminal trespass, disorderly conduct, prohibited camping (a 2021 state statute), and public intoxication—as enforcement tools. The attorney noted procedural requirements tied to prohibited‑camping citations, including notice of legal places to camp and custody of personal property if a person is detained.
Staff proposed non‑criminal options as well: setting hours of operation for certain city properties (so lack of consent is clear for enforcement), prohibiting overnight parking on some city lots, establishing solicitation‑near‑ATMs or fuel pumps restrictions, and narrowly targeted solicitation‑by‑coercion rules. The presenters repeatedly cautioned the council that many older solicitation and anti‑panhandling provisions have been struck down by courts and that any new language must be narrowly tailored to survive constitutional review.
The chief stressed that homelessness itself is not a crime and said the department has recorded relatively few incidents of criminal trespass or disorderly conduct tied to homelessness in the last six months; staff also proposed compiling a list of social‑service resources to offer to people encountered by officers.
Councilmembers asked about practical responses for businesses and citizens, permitting needs for legitimate nighttime activities (e.g., scout groups or astrophotography), and how property owners’ rights would interact with new ordinances. Staff said they will refine proposed code language, coordinate permit possibilities and prepare recommended ordinance language for future council consideration.
No ordinance or formal vote was taken; staff were asked to return with draft code language and operational guidance consistent with constitutional constraints and local resources.