City Council’s Democratic majority briefly considered killing the mayor’s newly proposed public encampment ordinance, before sending it to committee.

A city lawyer, however, advised against it.

On Monday night, Cranston Mayor Kenneth J. Hopkins proposed a new ordinance, amending the city’s “Public Peace, Morals and Welfare” statutes, specifically “Offenses Against Public Peace and Decency.”

The ordinance, titled “camping on city owned property,” aims to provide Cranston Police with the legal justification to break up encampments on city property constructed by the homeless (or the “unsheltered” or “unhoused,” in the language of homeless rights advocates).

From Law Enforcement

Cranston Police Chief Col. Michael J. Winquist said he supports the new law.

“The ordinance resulted from consultation among the police department, the mayor’s office, and the city solicitor,” Winquist explained Tuesday morning. “This ordinance was prompted by complaints from residents about encampments on city property that have caused concerns about health and safety. I have personally been to various encampments that are littered with human waste, uncapped/used needles, syringes (some containing blood), alcohol containers, propane containers and property stolen from nearby businesses.”

At least a half-dozen residents and several Democratic members of City Council spoke out against the proposed ordinance Monday night. In fact, City Council President Jessica M. Marino, urged by Council Vice President Lammis J. Vargas, briefly considered holding a vote to kill the ordinance outright rather than pass it on to the Ordinance Committee.

Councilman and Democratic Majority Leader John P. Donegan told his fellow councilors, that while he expects he’ll ultimately vote against the ordinance, he couldn’t support killing it before it reached the appropriate subcommittee.

Assistant City Solicitor John Verdecchia warned City Council that move would circumvent the process clearly set out by City Charter.

“It was a shock,” Moretti said about the effort to kill the ordinance before it reached committee. “That would be very unprecedented — trying to stifle discussion of a very valid, worthy (topic). But it’s very indicative of the city council; so I can’t say it’s shocking in that respect. It did not surprise me.”

The Opposition

Cranston resident Jess Salter addressed the City Council during public comment. She said she works with the homeless community, and urged councilors to reject the ordinance.

“This ordinance is so off from the way to address homelessness,” Salter said. “We as a city cannot … criminalize homelessness.”

Salter said the city (and the rest of the Ocean State) have been coping with “record numbers of families” living on the streets.

“There are many ways to make life better for people … and this is not one of them,” Salter said. “This is an area where we need to respond with compassion. We need to respond with strategy and a real plan … And this isn’t it.”

If the city wants to talk about relief for the homeless, Salter urged them to consider other strategies.

“Let’s talk about rent control,” she said. “Let’s talk about shelter beds.”

Criminal Acts

Winquist listed other criminal offenses recently reported in and around homeless encampments in the city.

“There have also been complaints of criminal acts, including drug sales and prostitution,” he said Tuesday. “There have been open fires and medical events in many of these locations that are difficult to reach by traditional fire and police apparatus. Sex offenders and persons with criminal backgrounds often reside at these locations, making women and children fearful of enjoying these public spaces that include ballfields and walking paths.”

According to Hopkins’s Chief of Staff Anthony Moretti, the ordinance was inspired by “four or five locations … in various places throughout the city” that have become “unsafe and unsanitary.”

“People and animals are in danger,” Moretti said Tuesday. He said Hopkins’s office is concerned “for the health and welfare” of both camp inhabitants and nearby city residents.

Moretti said Winquist requested the ordinance “for public safety purposes” after hearing about a recent Supreme Court decision law enforcement believes should give the city the authority to break up “these sorts of encampments.”

That was the “Genesis of this ordinance,” Moretti explained.

“Each year, there are several encampments around the city,” Moretti said. “Very often there’s drug paraphernalia, like used needles … Obviously there’s no sanitary facilities, and structures that are not approved … They’re endangering themselves and the community.”

“These camps are located across the city, including the bike path area, adjacent to baseball fields and off/on highway ramps,” according to Col. Winquist. “After these camps are abandoned, the city must fund the cost of cleanup, which requires hiring an outside vendor specializing in bio-hazard disposal.”

Moretti said this ordinance only covers city property.

“It’s city property; not their property,” Moretti said Tuesday morning. “It should be able to be enjoyed not only by those inhabitants, but by city residents. Needles, and feces, are not a healthy environment for the city at large.”

The Law

“No person shall set up any type of shelter, either permanent or temporary, for the purposes of housing within the limits of the City on any City owned property,” states the proposed ordinance. “Said shelter shall be defined as any type of material erected for the purpose of protecting an individual from the natural elements, whether or not said structure is erected in a temporary or permanent manner.”

Any “person violating any of the provisions of this section shall pay a fine of ($50), and shall immediately be issued a ‘No Trespass’ order from said property.”

“Additionally, any structure erected shall immediately be removed by the individual,” according to the proposed ordinance. “Should the structure remain on City property for a period of more than (24) hours after the individual in issued a notice of fine and trespass order, said property shall be removed by the Department of Public Works (DPW) and shall be discarded.”

The ordinance will give the authority to issue fines and no trespass orders to Cranston Police officer.

“The police department utilizes an outreach team of police officers, mental health clinicians, and social service providers to address the issue,” Winquist explained. “The team engages persons at the encampments and provides information on available shelter and social services — unfortunately, these services are most often rejected. When these services are declined, the city will issue a trespass order and give the residents ample time to vacate and take their belongings. The ordinance would codify the current process and provide transparency that overnight camping in public spaces is prohibited. Citing people with the ordinance will be a last resort if they refuse to vacate after being offered the services available.”

Although at least three Democratic members of City Council — Marino, Donegan and Vargas — said they don’t plan to vote to approve the new ordinance, Moretti says it still has a shot (Democrats have a 6-3 majority on City Council).

“It has a shot of passing based on its merit,” Moretti said. “Some of the argument we heard last night was advocating for the rights of people, not articulating the negatives that go along with that. It’s unsafe for the inhabitants and also for the residents who are entitled to use that property.”

Also on Monday night’s agenda, the mayor’s office recommended striking the entirety of a panhandling ordinance, enacted by the previous Republican administration, which courts had overruled.

“It has been ruled by the judicial system that it’s within their constitutional rights (to panhandle) and this ordinance would be invalid,” Moretti explained.

On one hand, the mayor’s office supported a new law banning outdoor encampments on city property, but rolled back a previously approved law targeting begging along city roadways.

“Frankly, I think it just shows the practical approach to these situations,” Moretti said. “It shows there’s no bias.”