Council Takes Steps to Address Misuse of City Property

Photo: wal_172619 via Pixabay

By Zendelle Bouchard

The City Council on Tuesday, Aug. 6, enacted the first part of a new ordinance designed to help combat chronic problems with misuse of city property.

Councilors unanimously approved Section 1 of the ordinance, Chapter 107, which establishes standards for use of public property not currently covered by the city code. Section 1 allows for the posting of public properties to make people aware of restrictions, such as no trespassing, which is necessary before any enforcement can occur.

The ordinance drew support from Sanford Mill resident Bobette Gordy, who had expressed her frustration and anger at the activities of substance abusers in Gateway Park during a council meeting last month. On Tuesday, Gordy thanked the council for the “very big change” she has seen in the past few weeks and said she is able to take her grandchildren to the park again without worry.

Lifelong resident Jeff Doiron also addressed the council about campsites and needles strewn at Gowen Park and elsewhere. “This isn’t a housing problem, this is a drug problem,” he said, and asked for more enforcement of laws as well as help for substance abusers.

In response, Mayor Becky Brink said the ordinance will help the city address those very issues.

The council on Tuesday held a first reading on sections 2-5 of the ordinance, which will get a second reading and possible approval on Aug. 20. Section 2 defines camping and storage and delineates activities that would indicate someone is camping. Section 3 prohibits camping and storage on city property, including public rights-of-way. City Manager Steve Buck said this will help Public Works Department employees who constantly have to deal with vehicles improperly parked in the city’s right-of-way while they are trying to plow snow.

Section 4 covers enforcement and allows police to order a person to move their property and move on, allowing for some discretion on the part of officers. Section 5, Violations and Penalties, allows a violator to be removed and charged with criminal trespass, with a fine of up to $100. Repeat offenders or those who fail to pay the fine may be issued a criminal trespass notice for one year.

Buck pointed out that the ordinance was already in the works before the recent U.S. Supreme Court ruling that allows communities to criminalize encampments, but he said the ruling was helpful in allowing the city more control over the problem with campsites as well as use of city roadways and parking lots for vehicle storage. He described a recent situation where a truck was being demolished on a city street, but the city was unable to act because it was legally parked. He noted that Sanford Police constantly offer help and solutions to unhoused and addicted residents they encounter, but “the Supreme Court ruling recognizes there needs to be some enforcement.”

Councilor Jonathan Martell expressed concern that residents who aren’t really a problem will be inadvertently targeted, since the right-of-way varies from street to street, and said the ordinance does not define a time limit when regular parking could be considered vehicle storage. Buck said that the GIS system, which is linked from the city’s website, includes details of exact property lines, and Public Works also has a list of every road and its width. Brink added that “it’s obvious when someone is permanently there and not just parked temporarily.” Councilor Ayn Hanselmann said she is confident Sanford Police know when enforcement is necessary and will use discretion when it is not. Councilor Nate Hitchcock added that he trusts citizens will speak up if the ordinance is being misapplied.