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Residents press council for ordinance on people sleeping on Main Street sidewalks; city attorney cites legal limits
Summary
Two residents asked the council to ban camping on sidewalks after reporting blocked handicap paths and litter. City Attorney Barnes said removal typically requires a determination that an individual is a danger to self or others; he will research Topeka's ordinance and continue working with police.
During public comment at the Nov. 4 meeting, Kerwin and Bev Nichols asked the Carbondale City Council to adopt an ordinance preventing homeless people from sleeping on Main Street sidewalks, citing obstructed handicap access and litter.
Attorney Barnes told the council enforcement options are constrained: unless a person is found to be a danger to themselves or others, removing them from a public sidewalk is legally difficult. "A determination has to be made that he is a person who is a danger to himself or others," Barnes said. Barnes said he would work with Chief Seals and review Topeka's ordinance online as a potential model.
Mayor DaPrato said he agreed that people should not be sleeping on sidewalks on Main Street and that the situation was concerning, but the attorney emphasized remedies may require state-level policy changes or additional social-service resources. The minutes record no ordinance action at this meeting; Barnes and Chief Seals will continue follow-up work.
