Lawton City Council expected to move forward on anti-camping ordinance for the homeless

City of Lawton officials still want to make it illegal to camp on public property, but they also want some input about what options law enforcement can offer to those accused of the crime.

City Council members will look at the issue today, the second time this month city entities have looked at actions designed to battle what some council members say is a growing problem with homeless people. Council members discussed an anti-camping ordinance earlier this year, but delayed action until city staff designed specific provisions and until members of the Homeless Action Committee (an advisory board) could weigh in on the issue. The committee took a look earlier this month, but even though members ultimately signed off on the ordinance, some remain concerned about how the provisions could be enforced.

Today, council members will look at two aspects of the proposal: the ordinance itself and exactly what assistance and resources law enforcement can offer. That keys into the a provision in the ordinance that specifies someone cited for the first time will be issued a warning, but only if they accept information or assistance offered by the police officer (those who refuse can be issued citations).

Assistance is expected to take the form of information about or transportation to shelters, food pantries and other resources designed to support those in need and experiencing homelessness, according to the council agenda commentary. The exact nature of that help is what city staff wants the council to discuss so it can be clearly defined and local resources clearly understood. Council members also are expected to discuss what additional measures should be considered before citations are issued.

Afterward, the council will look at the actual ordinance that makes it illegal to engage in unauthorized camping in non-designated public areas. Specifically, the ordinance states that no one may use public property for the purpose of establishing an unauthorized camp.

Camping is defined as residing or dwelling temporarily in a place, with shelter. Shelter includes tent, tarpaulin, lean-to, sleeping bag, shanty, bedroll, blankets or any form of cover or protection from the elements other than clothing. Public property is any street, alley, sidewalk, pedestrian or transit mall, bike path, or any other structure or area encompassed within the public right-of-way; park, parkway or other recreation facility; and other grounds, buildings or other facilities owned or leased by the city or by any other public owner, regardless of whether is vacant or occupied and actively used for any public purpose.

Defined as a misdemeanor, those found guilty can be punished by fines of no more than $50 or imprisonment in the city jail for not more than 15 days. Those charged the first time can avoid a citation by accepting an offer of assistance. Per council directive, the ordinance excludes public property (such as city parks) where authorized camping is allowed by city ordinance, state statute or written authorization from the city.

In other business, the council will consider a recommendation from city staff to create a distinction between littering and dumping debris.

Community Services Director Charlotte Brown said the issue arose during a review of city code, when staff members found “there needed to be harsher penalty for illegal dumping.” The difference between littering and dumping is the amount of debris or trash: less than 4 cubic feet is litter; more is illegal dumping. Dumping will mean fines of $750 or 60 days in jail for those found guilty of the first offense, with 60 days in jail for each offense thereafter. Citations will be written to the owner of the property where the debris has been found.

Those owners may fight the charge if the debris has at least two items identifying the owner of the trash/debris, and the matter will be turned over to law enforcement for investigation. Littering remains punishable by a fine of $300 or imprisonment plus court costs and fees for the first offense, with second and subsequent instances fined $750 or imprisonment in the city jail for not more than 60 days.