Police in Chula Vista and National City said they have seen a spike in calls for service in regard to homeless issues that have become prevalent in the South Bay.
But when it comes to enforcement, both agencies must take extra precautions because of laws that are in place to protect homeless individuals.
More recently the U.S. Department of Justice has indicated that an attempt to outlaw homelessness is illegal and could be a violation of a person’s civil right. The Justice Department’s brief had to do with a case in Boise, Idaho, that challenged an ordinance banning sleeping in public places.
“It’s not illegal to be homeless,” said Chula Vista Police Capt. Lon Turner. “And I don’t know if that message carries through (with citizens).”
Turner said when police get called out and don’t remove a homeless person from an area it can be frustrating for business owners and residents who expect the police to do something with a homeless individual.
“We obviously have to be very careful about the civil rights of all persons,” Turner said.
National City Police Sgt. Alex Hernandez said most calls for service in National City regarding homeless have to do with quality of life issues, not so much with breaking the law.
“If they do break the law, we do take the proper course of action,” Hernandez said. “Their treatment is no different than any other person. If we give a person a citation instead of taking them to jail, that would apply to a homeless person as well.”
Hernandez estimates that there are about 160 homeless individuals in National City.
Turner said the police department responds to calls from dispatch on a priority system with six different categories ranging from life threatening crimes to crimes that need to be responded to within 24-hours.
Usually, he said, a call regarding a homeless person sleeping or hanging around a business or public area is at the bottom of the list.
While being homeless is legal, certain behaviors are not.
For example, Turner said there is no law that prohibits panhandling but what is illegal is aggressive panhandling that includes assault, battery or intimidation by a panhandler.
He also said panhandling 500 feet from a freeway off ramp is also illegal because of safety concerns.
Turner said urinating in public or consuming alcohol in public are violations of the law.
Courts have ruled in favor of homeless people that are soliciting in front of a shopping center or a grocery store because they have a legal right to be there to solicit their message.
A store that it is open to the public has to allow transients to be there, Turner said.
“The courts have said anything that has to do with normal acts of life, sitting, standing, eating, you can’t have a municipal code or a statute against any of that.” he said. The courts also have in the last several years require cities to strike municipal codes that had to do with soliciting or loitering,” he said.
Turner said if a transient sleeping on private property or on city property within hours of operations, such as sleeping at public parks after hours, is illegal.
Turner said the city of Chula Vista has a municipal code against erecting a tent within city limits without a proper city permit.
Police Lt. Mark Jones is a member of Chula Vista’s homeless steering committee with the task of helping homeless individuals find resources that will get them off the streets.
The committee has teamed up with several social services programs like South Bay Community Services, the San Diego Dream Center and others to provide resources for homeless people.
The committee even partnered with the local disabled veterans center to help former veterans get their discharge papers and help them fill out paper work to get the appropriate services they need.
He said when an officer approaches a homeless person they have to inform the person of the resources out there to help them get back on their feet.
The committee and its partners regularly conduct outreaches at Harborside Park, Eucalyptus Park and Memorial Park, Jones said.
“There’s nothing better to see somebody succeed and helping themselves,” Jones said.
In National City officers work in conjunction with the city’s community services division as well as with the Psychological Emergency Response Team.
Hernandez said the department is in the process of coordinating a homeless outreach team.
