Camping ban in Visalia could bring fines and jail time for the unhoused

VISALIA, Calif. (KFSN) -- In the South Valley, unhoused people camping on City of Visalia property risk being fined hundreds of dollars or arrested.

The emergency ordinance follows a Supreme Court ruling this past June, where a judge ruled in favor of the City of Grants Pass in Oregon.

They argued that people experiencing homelessness could be arrested for camping on city property.

Action News caught up with Visalia community advocate April Lancaster on Wednesday morning.

We first met on August 12, the day that the Visalia City Council voted to implement an ordinance to ban people from camping on city property, parks and trails.

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

"In my opinion, they are criminalizing homelessness without providing resources," expresses April.

The emergency ordinance was approved in a 4-to-1 vote.

Councilmember Emmanuel Hernandez Soto voted no.

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

The decision followed Mayor Poochigian's concerns after hearing from people in the community.

"Finding discarded needles and condoms, that's not conducive to an inviting park. We want to make this available for families, to have birthday parties so in that case, you want to move the transient population," said Nelson, who first motioned the ordinance.

The city estimates the local unhoused population is over 1,600.

But with no emergency shelters, people have no place to go.

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

"I think we just need a more people-centered approach in the city of Visalia. I think that some change needs to happen with the city council to where we have a more people-centric focus and some people who understand what the average community member is experiencing," said April.

The Visalia Police Department says it is more focused on long-term solutions as opposed to enforcement, adding that "homelessness is a complex and challenging issue with very few solutions particularly at the law enforcement level."

The department says there is a need for shelter space, and resources for mental health and substance abuse.

There are non-profits and county efforts to create housing and resources, including a navigation center, for people who are unhoused in Visalia.

However, it is unknown exactly when those will become available.

The City of Visalia and the Visalia Police Department both answered in-depth questions about the ordinance, which you can read below:

Q&A with City of Visalia:

Q: What resources is the city providing the police department to help enforce the ordinance?
A: Our Police Department receives strong support from Code Enforcement, the HOPE team, and the Parks Department in addressing homelessness, ensuring a united and effective approach to managing related challenges. Staff will assess and determine on an on-going basis if operational changes or additional resources should be recommended to the City Council.

Q: Are there plans for the city to build a low barrier 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 a low-barrier shelter. To get a definitive timeframe, you will need to contact CSET.

Q&A with Visalia Police Department:

Q: Is the ordinance being enforced? Or when will the ordinance start being enforced?

A: The Visalia City Council passed the change to the ordinance on August 12, 2024, and it was passed as an Urgency Ordinance- meaning the ordinance took effect immediately after they voted to pass the amendment to the ordinance.

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

Q: Where is the City housing the stuff they take from the unhoused?

A: When an encampment is moved, we always try to have individuals remove all their own belongings. In the event that is not possible, then the City has a location where the property is stored for 90 days and a process in place for return of the property. When encampments are moved, the residents are also given advance notice of the removal of the encampment so that they can remove their belongings and notified that property that is not removed can be disposed of.

Q: What are the specifics of the ordinance? Including fines, arrest, etc.
A: The action taken by the Visalia City Council on Monday, August 12th, 2024 was to amend a section of the City's Municipal Code (Chapter 12.32) in line with the recent ruling by the US Supreme Court in Grants Pass v. Johnson.
This action was very limited in scope in that it only removed a provision that allowed unhoused individuals to camp within a City park overnight if shelter space was not available. The code already prohibited camping within parks during normal park hours, already prohibited the use of tents or enclosed structures within the parks, etc. The use of tents or enclosed structures overnight was also already prohibited. This code amendment now states that individuals cannot camp in the parks overnight even if shelter is unavailable.
Prior to this code amendment, the Visalia Police Department and Visalia Code Enforcement already used existing code provisions to prevent the establishment of encampments within the City's parks and trails, and on public property. Unlike what has been seen in other communities, these efforts have prevented the establishment of large-scale encampments. However, this is a challenging issue that requires a great deal of work from the Department's HOPE (Homeless Outreach and Proactive Enforcement) Team, as well as the City's Code Enforcement Team.
Violation of this code- camping within a park- is a misdemeanor and punishable by a fine or arrest. However, when these codes are enforced, the violator is typically issued a Citation to Appear. Fines escalate from $100 from a first offense, $200 for a second offense and up to $500 for the third and subsequent offenses. We do not book individuals for violations of the city ordinance. Some individuals are booked if there are other criminal offenses discovered at the time of our contact (outstanding warrants, possession of drugs, etc.).

Q: How is this impacting the department?
A: Because of the limited scope of this change and the work that has been done by the Police Department and Code Enforcement prior to, this change alone does not have a significant impact on the department. The issue of homelessness, however, does impact the department and its resources. Homelessness is a complex and challenging issue with very few solutions particularly at the law enforcement level. We work closely with Code Enforcement and also with other community organizations or service providers to try and find more effective and long-term solutions than enforcement provides. However, there is a need for more resources (shelter space, mental health, substance abuse, etc.). The City has a very professional set of resources with our Parks, Hope and Code Enforcement Teams. There is always a constant assessment of changing situations and there will be on this issue as well. Staff will assess and determine on an on-going basis if operational changes or additional resources should be recommended to the 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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