City Council approves regulating homeless encampments despite concerns

The Palm Springs City Council voted 3-1 — with one abstention — to approve a controversial ordinance regulating homeless encampments and sleeping on public property Tuesday night, despite concerns from some council members and public commenters.

The new ordinance makes it a violation to set up an encampment or sleep anywhere on public property in the city. However, the ordinance comes with several caveats for Palm Springs police officers when enforcing the rule.

If there are no shelter beds available in the city, the ordinance will not be enforced in certain situations, like if an unhoused person is on a street, sidewalk, park, or open space.

The ordinance will be enforced, regardless of shelter availability, if an unhoused person is in a waterway, within two blocks of a school or shelter, discharging waste, or causing or threatening harm.

City staff will be required to photograph and video the abatement process. They must also post written notice after clearing an encampment to inform people where they can retrieve stored property.

City Attorney Jeffrey Ballinger presented the ordinance, emphasizing it is not meant to criminalize homelessness but rather serve as “one tool” in addressing the issue.

“The city of Palm Springs does not view criminalization of homelessness as a way to solve the homelessness crisis,” Ballinger said.

Police Chief Andy Mills said the ordinance will help address “recalcitrant” individuals who repeatedly refuse services.

“This will give us the opportunity to say this is the standard for this city,” Mills said. “You have an opportunity to take this housing and we’re asking you, we’re begging you to take it.”

Voting yes were Mayor Jeffrey Bernstein, Mayor Pro Tem Ron deHarte, and Councilmember Lisa Middleton. Councilmember Christy Holstege abstained.

Councilmember Grace Garner voted against the measure, stating, “I don’t like this at all. I think it sends the wrong message to people who are in dire need of our help and our support.”

The council made several amendments to the ordinance before approval, including extending the minimum notice period for encampment abatement from 24 to 72 hours and requiring administrative regulations to be publicly posted.

While Bernstein supported the ordinance he insisted on keeping provisions requiring available shelter space for enforcement and delaying implementation until the city’s new navigation center is fully operational.

“I believe that we have gone to extraordinary measures to try and address this issue,” Bernstein said.

The ordinance will take effect 30 days after a second reading or when the city’s navigation center’s second phase opens, whichever is later.

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