Lexington Adopts Ordinances on People Who are Unhoused and Impoverished
The City of Lexington has added new regulations to the city code of ordinances concerning “homeless encampments and panhandling.”
According to the Lexington Police Department, officers are continually responding to complaints from the public about people sleeping on public property and creating a nuisance while soliciting money. During their meeting on Monday, the city council approved including these new regulations into the city code of ordinances
Lexington Police Chief Robby Rummage said the intent of these ordinances is not to judge or punish people, but to change behaviors that may create safety issues.
"(This) is about behavior, not their status,” said Rummage. “In no way is this designed as something for us to go out and be heavy-handed...We are looking for tools to problem-solve. This is solely designed to change behavior; it is not our goal to see who we can charge... I think our approach as a department is one of compassion.”
The regulation of public camping defines camping as sleeping, storing personal belongings, vehicles, equipment, placement of tents or any other type of structure for living purposes. Public property means all city-owned property including, but not limited to streets, sidewalks, alleys, cemeteries, land and parks.
The ordinance makes it illegal to camp in these areas. It states no arrest will be made for an initial violation, but they will be given warning. If the person doesn’t leave or returns to the property, they may be arrested for a misdemeanor punishable by a fine of up to $50.
Rummage said in the case of incidents on private property, officers can arrest people for trespassing, but the city didn’t have an existing ordinance regulating camping or panhandling on public property.
“We get (reports) of people having to step over someone who is sleeping to go into a store. That is problematic,” said Rummage.
He said there have also been complaints about people aggressively soliciting money, and reported fear in the manner, time of day and the location they were approached.
This ordinance prohibits actions that block safe passage of pedestrians and vehicles on public sidewalks and streets and actions that cause fear of bodily harm or a potential criminal act.
Locations include traffic islands or center medians of the street right-of-way; any concrete or grass strips near roadways, sidewalks and entrances to buildings. It also includes within 20 feet of any open commercial business, bus stops, train station or outdoor dining area and within 100 feet of the entrance to any bank or ATM.
Some prohibited actions include delaying the flow of traffic near intersections and traffic lights, sitting or walking in a roadway for the purpose of soliciting a ride, employment, business or contributions while a vehicle is stopped at a traffic light.
Rummage said that people have a first amendment right to ask for money, but they cannot harass people.
“Imagine someone walking down the street and they are approached by someone asking for money. If they are (being) aggressive or following them to their car and continue to ask. Or they are at an ATM and someone is hovering nearby or sitting at a stoplight and someone walks up to your car. It does invoke fear,” said Rummage.
He said these new ordinances are to balance the rights of people who may be experiencing homelessness or other factors with compassion while ensuring the safety of citizens.
“It is written into these ordinances that we give people a warning,” said Rummage. “We also have several resources in the community to help those who may be unsheltered or suffering from substance abuse, mental health or other issues...It is about showing compassion while protecting the safety of our citizens.”
