Kokomo seeks to ban homeless encampments

Mar. 13—The city of Kokomo is getting closer to passing an ordinance that would outlaw homeless encampments in public spaces not specifically designated for such activity.

The Kokomo City Council on Monday voted 8-1 along party lines to pass the proposed ordinance on first reading. Bob Stephenson, D-District 2, was the sole "no" vote.

The City Council will vote on a second and final reading at its next meeting at 6:30 p.m. March 25.

The ordinance, if passed, would specifically ban "camping and the storage of personal property" overnight or for one or more nights on public spaces, such as a sidewalk, street, park or trail, not designated for such activity because it "presents a public health and safety concern" due to the possibility of increased spread of disease.

Legally parked recreational vehicles, if not being used as a temporary living space, are exempt.

Violators could be fined and could face other civil legal action.

However, those "indigent" or homeless are exempt from enforcement of the proposed ordinance unless there's overnight sleeping availability at one of the city's many shelters and the person is provided transportation.

Additionally, if an unauthorized encampment does not pose a "substantial risk of harm," the city must give the 48-hour notice it will be removing the encampment and any other personal items and leave a note detailing where they can be picked up.

If the city deems the unauthorized encampment is a substantial risk of harm to any person or the public, it may remove it immediately, according to the proposed ordinance.

If personal property is removed and taken by the city, it will store the belongings for not less than 60 days before disposing of them.

The ordinance comes after the city says it has experienced an uptick in homeless encampments in public spaces.

In 2020, a "tent city" was established alongside the treeline of Future Park. It was removed by the city in early 2021 and some of its occupants moved to local shelters.

In some cases, the city has had to clean urine and feces from public spaces, including near City Hall and in the downtown parking garages.

"We just can't let people come in and camp out and say 'I'm going to be here no matter who likes it or not,'" Councilman Greg Davis, R-District 5, said.

Councilman Tom Miklik, R-at large, concurred.

"I really hate listening to people talk to me about people in the parking garage, sleeping in the stairwell, pooping and defecating on the stairs, behind the doors, people are having to step over it," Miklik said. "This is in our parking garage, and I heard an earful again this morning."

Stephenson, though, said he could not support the ordinance and that it seemed like the city was trying to take the easy way out "to a complex problem." He especially didn't like the possibility of a homeless person being arrested for trespassing if they refuse to go to a shelter with an open bed.

"I just don't like doing that to the homeless," he said. "Most of these people are dealing with much more serious problems than (just homelessness)."

Stephenson also raised questions about the fact the ordinance doesn't address what would happen to a pet if a person experiencing homelessness was sent to a shelter.

City Council members also conceded the city doesn't have many overnight shelters, and the biggest one it does have — the Kokomo Rescue Mission — has been at or near capacity in its male beds since 2022.

"So we only got, I think, maybe four places other than the Rescue Mission, and the places we're talking about maybe have eight to 10 beds total, so there's not enough there to take care of (the issue)," Davis said.

Tyler Juranovich can be reached at 765-454-8577, by email at tyler.juranovich@kokomotribune.com or on Twitter at @tylerjuranovich.