Elburn village officials working out details on ordinance to regulate public camping

Members of the Elburn Village Board at the Aug. 19 Committee of the Whole generally agreed to implement a new ordinance regulating public camping within the corporate boundaries of the village.

The recent Supreme Court decision in Grants Pass v. Johnson would allow local governments to “impose criminal penalties for sitting, sleeping or lying outside on public property for homeless individuals who cannot obtain shelter.”

Elburn Police Chief Nick Sikora said that although the court’s decision refers specifically to homeless individuals, the model ordinance released by the Illinois Municipal League can address two potential problems: public encampments such as those that larger cities have experienced or instances where a group of individuals have taken over a public space in protest of something.

In either case, he said, “tent cities” set up in public parks or individual neighborhoods can pose health and safety risks to the residents or prevent individuals from accessing local businesses.

“Obviously, we don’t have much homelessness here in Elburn. This just gives us a tool if something would come up,” Sikora said.

Several trustees said they saw the advantage of having a policy in place before a situation arises so there would be steps the village could follow, if necessary.

Trustee Chris Hansen said he has seen things recently he never thought would happen, citing the situation where a busload of immigrants arrived unannounced in Elburn at the Metra train station.

“Do we want to wait until there’s an issue?” Hansen said.

Trustee Sue Filek described a situation in Washington, D.C., that she recently found herself in where she experienced encampments of people in an area where she was trying to find her way. She said she felt “overwhelmed by that activity.”

Sikora said he encountered a large “tent city” near the hotel he was staying in San Diego, where he was attending a law enforcement conference.

Trustee Pat Shuberg, however, had some pretty strong reservations about the ordinance as written.

“A lot of this does not read very friendly,” she said. “I’m really, really uncomfortable with trying to legislate and fine folks who are homeless – someone who is struggling and sleeping in their car. … Aren’t there more humane ways to help these people?”

Shuberg said a similar law enacted in St. Charles decades ago led to the creation in 1997 of Lazarus House, a shelter for homeless people.

The model ordinance identifies a stepwise escalation of fines for each violation, defined by each day the violation occurs or continues. The first violation would be a fine of $75, leading up to a fifth violation with a $750 fine and a sixth violation for which either a fine or incarceration may be imposed. In addition to these penalties, the individual may be physically removed from the premises where the campsite is located.

As a substitute for a monetary penalty, the individual might be required to provide a public service by cleaning a right of way or other public facilities.

Filek said they should “trust our police” to use their discretion when dealing with individuals they encounter and that they will make the right call.

Sikora said the majority of the few homeless people he has encountered in Elburn arrive on the Metra train because it is the last stop on the line. Sometimes they have been “kicked out of” shelters for behavioral issues or drug or alcohol-related issues.

He said the police have worked with Lazarus House and Hesed House in Aurora as shelters that may be able to accept these individuals, often transporting them there, and have allowed them to stay in the warming house overnight in the winter.

“We’re not going to put anyone out in the cold,” he said.

“I would prefer to go forward with this (ordinance) so we have it if we need it,” Sikora said. “We have the ability for exceptions to be made. We have discretion.”

The discussion ended with Village President Jeff Walter asking the trustees to send their comments and suggestions for modifications to the ordinance to Village Administrator John Nevenhoven. The discussion will be continued at a future Committee of the Whole meeting.