Jail time and fines reintroduced in proposed homeless camping law in Elmira

ELMIRA, N.Y. (WETM) – The Elmira City Council is set to vote on a final version of a new "camping" law that includes criminal penalties for illegal camping in the city. The vote is set for Monday, November 18th at 5:30 p.m. at City Hall.

The law aims to remove homeless encampments around the city. Possible jail time and fines were reintroduced after a second version without criminal penalties was withdrawn on Nov. 4th. The final version of the law also authorizes Elmira Police, the Code Department and Sanitation Department to remove campsites and all personal property.

The first version of the city's camping law was scheduled for a vote on August 12th. The vote was tabled after a group of residents raised concerns at the meeting, saying the city was "criminalizing homelessness."

The final version includes fines between $350 to $500 or up to 90 days in jail, or both, for anyone occupying a campsite in the city without permission from the owner. For a second violation within 18 months, it calls for fines between $750 to $1,000 and up to one year in prison, or both.

Jail time and fines being reconsidered for homeless camping in Elmira

Mayor Mandell says the planned vote on a redrafted version without criminal penalties was withdrawn on Nov. 4th due to a needed change in the wording regarding campsite removals. section. The mayor said the city needed to remove a 48-hour notice of a campsite removal to the Chemung County Department of Social Services. The mayor said the two-day notice was not practical after consulting with a new Chemung County Homeless Task Force that he now sits on.

On November 8th, Mayor Mandell told 18 News he also wanted to see criminal penalties reintroduced into a final version of the law after another recent fire at a homeless encampment. The West Washington Avenue bridge remains closed after a fire on October 30th . The Clemens Center Parkway bridge had to be closed for two months after a fire at homeless camp on July 11th.

Washington Ave bridge closed after early morning fire in Elmira

"I just want to say one thing, we're not criminalizing homelessness. It's behavior, and the behavior is unacceptable," Mayor Mandell told 18 News last week. The mayor said he has also been hearing numerous complaints from residents involving crime, trash including needles, and unsheltered people relieving themselves in public.

"So, I'm going to meet with the council and strongly urge that we do put it back in and hold them accountable," Mayor Mandell said on Nov. 8th. "I'm about to see how they're going to stand on this. I think we'll I definitely have a majority that would want that back in there."

Last week, 18 News also spoke with Tara Escudero, a volunteer at Elmira Community Cycle. Escudero was among the residents who showed up to voice their opposition to the first version of the law that was set for a vote on August 12th.

"My first reaction to hearing that people may again be fined and arrested for camping outside the city is, of course, disappointment," Escudero said on November 8th. "You hope that your city officials are going to do the best by everyone that they can. And when they are bringing criminal charges to people, that is criminalizing homelessness instead of doing other things to combat that, and I know City Council has done some other things to combat that."

"There are tons of practical tactical solutions we can talk about, but what this really comes down to is we don't want to see people who are poor and homeless who are outside. Homelessness is a motivation for all of us to keep doing what we're doing and not look side to side at the people in our community and do what we can to help them."

Mayor Mandell is now part of a new Chemung County Homeless Task Force that's trying to work on new solutions. The Task Force includes Catholic Charities of Chemung and Schuyler counties. In May, the non-profit opened the first dormitory-style shelter in Elmira with room for up to 47 people. It's located on High Street next to St. Joseph's Hospital. Catholic Charities also works with the Chemung County Department of Social Services to provide motel rooms for people who are homeless.

"I think homelessness is such a complex issue, so a task force is very welcome," said Katie Rhodes, the Director of Marketing and Development for Catholic Charities of Chemung and Schuyler counties. "It does take a lot of people working together to do something about the issue of homelessness. If you look across the state, across the country, it's definitely an issue that is really impacting lots of communities. And so unfortunately, we're not unique in that situation."

You can read the final version of the proposed camping law below:

An Ordinance to Amend Chapter 18 of the City of Elmira Code of Ordinances by Adding a New Article to be Titled Article VI "Camping"Section 1. Definitions a) "To Camp" means to set up or to remain in or at a campsite. b) "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. c) "Family Camping" means recreational camping by parents, legal guardians, and/or minor children including child guests for a limited duration on property where the family maintains a legal residence as homeowners or tenants. Section 2. Camping Prohibited a) A person shall not occupy a campsite anywhere in the City of Elmira except where otherwise defined as "family camping". b) A person found in violation of this section may be immediately removed from the premises. Section 3. Removal of Campsite on Public Property a) Upon discovery of a prohibited campsite, the City of Elmira shall, if feasible, give notice of intent to remove the campsite to the Chemung County Department of Social Services. b) The Elmira Police Department, the Department of Code Enforcement, and the City Sanitation Department are authorized to remove the campsite and all personal property related thereto. c) When deemed appropriate by law enforcement or other first responders, individuals determined to be endangered or a danger to themselves or others may be transported to local medical facilities for evaluation. Section 4. Penalties A person found in violation of this Article shall be subject to a fine not less than $350.00 nor more than $500.00 or by imprisonment of up to ninety (90) days or both; for a second violation of this Article within eighteen (18) months of the first violation, a person shall be subject to a fine of not less than $750.00 nor more than $1,000.00 or by imprisonment up to one (1) year or both. Each day any violation of this Article shall continue a separate offense. Section 5. All ordinances inconsistent with any provision or provisions of this ordinance are hereby repealed. Section 6. Effective Date. This ordinance shall take effect immediately upon adoption and publication according to law.

You can read the full agenda for the Nov. 18th meeting of the Elmira City Council here .