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Collier Commissioners may amend county’s camping ordinance to give homeless the boot

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Collier County Commissioners long for a vagrant-free environment.

Collier Sheriff’s deputies want better control over trespassers.

A proposed solution may resolve some of the problems, but could be a great loss for camping enthusiasts.

County leaders are refining an amended ordinance that would prohibit camping on public land in the county’s unincorporated neighborhoods, except on designated camp grounds.

“If it’s enforceable, let’s go with it,” Commissioner Jim Coletta said during this week’s commission meeting.

The problem is, it may not be that easy to enforce.

The drafted amendment deals with both public and private property, but it is tough to prove someone is trespassing on private property, said Capt. Mark Baker, speaking on behalf of Collier Sheriff Don Hunter.

Someone camping on private property could claim he or she has the owner’s permission. If the lot happens to be owned by a corporation, or someone who can’t be reached, deputies have no evidence, hence, no recourse, Baker told commissioners.

“We were unaware that we had a problem with camping. We have a problem with trespassing,” Baker told commissioners, expressing concern that the proposed ordinance — which was based on an Orlando law upheld by the U.S. Court of Appeal, 11th Circuit — will have unintended consequences.

County Attorney Jeff Klatzkow is well aware of the flaws in the proposed ordinance, but cannot resolve them without the help of the sheriff’s office.

Referring to the county’s original anti-camping ordinance, passed in 1974, which prohibited mobile and portable sleeping within one mile of the Gulf of Mexico, Klatzkow notes that public health and safety were among the reasons for the restrictions.

“In that anti-camping ordinances, by their very nature, directly impact the homeless population, many of these ordinances have been struck down as unconstitutional,” Klatzkow wrote in his memo to commissioners. “To minimize such a claim, (my office) has modeled the proposed ordinance after the City of Orlando’s anti-camping ordinance, which was upheld by the U.S. Court of Appeals, Eleventh Circuit.” That case was James S. Joel v. City of Orlando.

However, if such an ordinance passed, the responsibility would fall back on law enforcement.

Comparing Naples to Orlando is “like comparing apples to oranges,” Baker said. “Orlando is mostly a concrete community (and) the city of Orlando also has a homeless shelter.”

Collier has two privately-run homeless shelters, St. Matthew’s House on Airport Pulling Road, and Immokalee Friendship House.

It is unlikely that commissioners would approve construction of a county-run homeless shelter, considering they resolved on Tuesday not to defer impact fees for charitable organizations that help illegal residents.

Illegals make up part of the homeless population in Collier County.

The draft document would “ensure that the ordinance is constitutionally and consistently enforced,” Klatzkow wrote to commissioners.

Commissioner Donna Fiala has long complained about homeless in her East Naples district, which extends down to Marco Island, Isles of Capri and Goodland.

“In the East Naples area, we have 43 homeless camps (although) the sheriff’s office says over 30,” Fiala said. “I’ve been in some of them. I can see houses right through the trees. It’s not safe to walk through the neighborhood when (they’re) living right there. You can watch the children playing in (their) backyards. I don’t like to see children being preyed upon, but the sheriff’s office said they can’t do anything without an ordinance.”

Baker pointed out that the Orlando “ordinance that passed muster specifically dealt with public property.”

However, Van Ellison, director of St. Matthew’s House, said the county needs to look more closely at federal court decisions.

St. Matthew’s has 120 beds, and has been over-capacity for years.

“You can’t illegalize homelessness,” Ellison said. “Federal laws make it very clear. According to the federal courts, if there’s no place for the homeless to go they can sleep on government property.”

That means if St. Matthew’s can’t take them in, the homeless may sleep on the front steps of the Collier County Courthouse, Ellison said.

Klatzkow said while it is unlikely that the county would build a shelter, some other charitable entity might.

It’s interesting that this is coming up again, because in 1993, Hunter and then-Collier Commissioner John Norris tried to pass a law that is similar to what the current commission is attempting, Ellison said.

“The courts said they couldn’t do it,” Ellison said.

In 1996, Hunter and Norris agreed to be partners with The First Assembly of God church homeless center.

That was because, as Ellison states, communities looking to curtail where homeless people camp out are required by a federal court ruling to provide safe places where transients can go without fear of arrest.

Between Jan. 25-26, 2007, Collier officials counted a minimum of 414 homeless people and another 707 people who were at risk of becoming homeless.

Commissioner Fred Coyle said he spoke about the homeless with two deputies, and said in order to solve their enforcement problem, it would be best for the commission to pass an anti-camping ordinance. As for where to the rounded-up homeless, Coyle said this to fellow commissioners: “I’m not at all interested in giving them a place to stay. I’m interested in getting the hell rid of them.”

East Naples Civic Association member Bob Murray was a bit softer in his approach.

“I want to make it very clear that this has been the subject of our board meetings for, literally, years. While my heart hurts for those who are in a bad way, we have a responsibility to our citizens,” Murray said. “Whatever we do, we urge that we do it rather quickly.”

Klatzkow said that he intends to bring the amended ordinance back to commissioners containing language that is comfortable for the Sheriff’s Office.

Comments

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Based on what I am reading, this isn't a good thing. It is too tough to write an ordinance that only affects "undesirable" people.
Public camping as well as your kids pitching a tent in the backyard could have legal ramifications.

#1 Posted by swampbuggy on May 15, 2008 at 10:36 p.m. (Suggest removal)

"Commissioner Fred Coyle said he spoke about the homeless with two deputies, and said in order to solve their enforcement problem, it would be best for the commission to pass an anti-camping ordinance."

Well, THAT should just settle it, swampbuggy...the Great Coyle consulted two deputies. Heck, why contact the holder of the office? Perhaps the Sheriff should call two transportation engineers to consult them about their thoughts on patrolling the roads?

I agree with you swampbuggy, too many unintended consequences. Not Klaskow's fault, but Coyle should know better.
Perhaps he can step over the homeless on the way into the office when they show up on the Government complex to sleep.

Murray, are you urging quick action because so many will be disposed of their homes soon?

Maybe the homeless who aren't illegal can find their way up to Lee County to work for Spectrum painting subcontractor of Kraft on the new LCSO building?

Most likely these would be the newly homeless as many of the other legal homeless are leftovers from other times and places including fewer mental health facilities.

Strange news, difficult situation and making a difficult to enforce anti-camping ordinance makes just as much sense as the entire situation.

#2 Posted by BlueTonguedVole on May 15, 2008 at 11:24 p.m. (Suggest removal)

Maybe Round-Up can come up with a formula that works on the destitute.

I'm sure Coyle would approve, as long as the suffering is kept below a level that would cause organ failure.

The hitch, I'm guessing, is getting the remains to vanish without leaving telltale stains or odors.

You'd also have to distinguish between the truly destitute living in the woods and the really-should-be-but-aren't destitute living large on their parents' dimes. Collier County is thick with that particular strain.

#3 Posted by elnuestros on May 16, 2008 at 3:42 a.m. (Suggest removal)

I have had 4 trespassers visit my homestead in the past 3 years. 2 of the 3 times I called the CCSO, the dispatchers lacked professional training/telephone etiquette and were rude. The first time the impaired trespasser walked away casually after confronting me in my back yard. A deputy showed up 22 minutes later with his freshly prepared Blimpie submarine sandwich in his passenger seat. He cruised down and back up the street. One minute later he was done with his serving/protecting and off to lunch. Bon Appite! The other 2 times I called no deputies did not respond.

It is my personal experience that trespass complaints have a very low priority with our sheriff’s office. Just last year NDN featured a story about the Collier County Sherriff’s Office about deputies visiting homeless camps in my East Naples neighborhood on a TP/PR campaign. They handed out toilet paper to the trespassers because of concern the bark of the Malucula aka “Papertree” may scratch their fannies when whiping.
What a crock!

At least the majority of the new generation of homeless have sports utility vehicles to live in making them exempt from the proposed ordinance.

#4 Posted by Zeitgeist on May 16, 2008 at 6:25 a.m. (Suggest removal)

just becase they are homeless does not mean they are not citizens or residents of Collier, Mr Coyles comment to just get rid of them is rude as some of them vote! and do live here. But I guess Mr Coyle only serves residents who are property owners. Universal sufferage includes the homeless!

#5 Posted by dan4congress on May 16, 2008 at 8:20 a.m. (Suggest removal)

Coyle is an elitist dope.

Go sip some wine, you horrible man.

#6 Posted by nickm on May 16, 2008 at 8:33 a.m. (Suggest removal)

I wouldn't be happy with a representative with such a low view of the occupants of his town. That's disgusting. Many homeless are US Veterans and many others are good people who've been dealt a tough hand. Be happy it's not you. That's showing some compassion Collier Commission. Let your true colors shine through like you always do. Hey maybe you can get Naples back on CNN for some rediculous ordinance AGAIN!

#7 Posted by ljfroloff on May 16, 2008 at 8:47 a.m. (Suggest removal)

There is no such thing as homelessness. It is a lifestyle choice.

I chased a vagrant off of my property last year with a baseball bat. I whacked him behind the knees and watched ol' Sad Sack hobble away. Haven't seen him since. I like to consider my response an act of "tough love."

#8 Posted by BobbyBacala on May 16, 2008 at 9:10 a.m. (Suggest removal)

Everytime we move in this direction we lose just a little of our beloved freedom.

#9 Posted by Jdave on May 16, 2008 at 10 a.m. (Suggest removal)

Homelessness seems to be a part of the world that was always here and will continue. It boils down to human beings doing what they do. Much of it evolves from bad mental health, which is sad. Have you ever seen the homeless beggers in Key West? What a joke! Those are the ones that are lazy good-for-nothings.

#10 Posted by babbas on May 16, 2008 at 10:19 a.m. (Suggest removal)

In my former line of work, I had the challenge of dealing with a number of "homeless". Some made the choice willingly and liked living under the radar and responsibilities of the mainstream. Other homeless were lost in addiction, limited mental capacity or even mental illness. There were still others who were criminals and basically on the run. The last group was the most difficult to find and dangerous...IF they thought you were on to them. The most dangerous where those who were mentally unstable. The last two groups were more likely to be wanted by law enforcement.

I remember my grandparents telling me about the "hobos" and the "bums"; those who lived riding the rails in the 1930s. My grandfather was an "adventurer" in his time. I believe he tasted this life as a result of the great depression. I know he worked at many different jobs to survive and once on his feet, he never rode the rails again. It was NOT a choice for him.

Then came the shut down of major mental institutions and many former patients became "outpatients' who were lost to the streets.

BobbyBacala and Fred Coyle must subscribe to the same philosophy, except Bobby is brutally honest.

With the acknowledgment that I would NOT tolerate anyone trespassing on our property (it is legally posted and fenced), the baseball bat solution isn't the best one.

Zeitgeist, eliciting a quick response from CCSO may take some work. I have had good results where we live. I don't know why there is a difference in our experiences.

I have no solution to the problem. Some communities tolerate the homeless to the point they become havens. Others let them live underground as long as they stay out of the better parts of town (???Collier County???).

#11 Posted by BlueTonguedVole on May 16, 2008 at 10:41 a.m. (Suggest removal)

Well spoken, Vole.

BobbyBacala isn't brutally honest. He's just brutal. There is no possible positive aspect of inflicting pain.

The parent who must punish a child knows this. The sane and the moral among us know this. And those of us who have felt ourselves forced, tricked, or made weak enough with anger or hurt to do it have known instantly that the "satisfaction" we might have anticipated is never forthcoming.

You're quite the man, BobbyBacala. I'd guess, if I had to, that you find unmentionable Cheney a straight-up guy. God knew what you'd do to Christ.

But he sent him anyway, I hear.

#12 Posted by elnuestros on May 16, 2008 at 8:59 p.m. (Suggest removal)

There are enough laws / ordinances on the books already. I've received a ticket from FWC because I didn't have "written" permission from the property owner on me. So is that the burden of proof to cite for trespass? Not according to CCSO, but if it works for FWC, why not them? What about code enforcement citing vacant property owners for not maintaining them? There are ordinances against having brazilian pepper and paper trees, why not enforce them? This would help eliminate places where they can congregate.

#13 Posted by swamp4u2 on May 16, 2008 at 10:39 p.m. (Suggest removal)

What Country are we in? "Land of the Free?" Careful people, once they take away your freedom, you will not get it back without a fight! One freedom at a time. Until we have no more freedom

#14 Posted by donaldii on May 16, 2008 at 11:04 p.m. (Suggest removal)

There Was a big differance between a hobo and a bum in case you didn't live in that particular time a hobo was a man who couldn't find work but was willing to, a bum was just that one who would bum a meal or money but wouldn't work for it. Made a big differance! A good many times a hobo would come to my parents back door and ask if he could do anything to get a meal but when a bum came he would just ask for a meal or money but if asked to work would insult dad and walk off.

#15 Posted by pummalo on May 26, 2008 at 8:03 a.m. (Suggest removal)

It's interesting that people seem to consider the homeless more of a threat than those nearest and dearest. Isn't it true that most murders are committed by someone in the victim's inner circle?
Also, how many people even bother to look up registered sex offenders in
their own neighborhoods? Are they less dangerous because they have addresses?

#16 Posted by ktkane on June 8, 2008 at 11:33 a.m. (Suggest removal)

It's also interesting, since we're talking about property rights and trespassing, that people are more worried about the actions of the homeless than about those of the Supreme Court. With the 2005 interpretation of the law of Imminent Domain, I would be more concerned about the ability of wealthy developer (in cohoots local government) to grab your property than about the potential petty crimes of the homeless.

#17 Posted by ktkane on June 8, 2008 at 11:48 a.m. (Suggest removal)



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