Sidewalks may get less cluttered
Berkeley ordinance restricts where homeless can place belongings
Berkeley’s sidewalks soon may become more difficult for the homeless to take a break on but easier for pedestrians to navigate.
Over the objections of critics who said it’s essentially criminalizing the homeless, the Berkeley City Council approved an ordinance Tuesday that regulateswhere and when people can plop down their belongings. Councilwoman Cheryl Davila abstained and Councilman Kriss Worthington left the meeting before the vote.
If the council adopts the ordinance at its Oct. 30 meeting, the rules will go into effect immediately.
The rules say personal belongings cannot exceed nine square feet and must be placed in spots that allow six feel of passable sidewalk space. Also, they cannot obstruct BART entrances. The rules codify some of the sidewalk policies discussed by the City Council in April.
Back then, the council also considered regulating where people could sit, lie down or keep their dogs. But in the wake of the 9th Circuit Court of Appeal’s ruling Sept. 4 that such bans are unconstitutional unless cities can provide enough shelter beds, the Berkeley city attorney’s office advised the council to focus solely on objects, Mayor Jesse Arreguin said at the meeting.
The rules are intended to make sidewalksmore accessible to everyone, according to city officials.
But homeless people and activists supporting them see the rules as unfair, saying they will force the unsheltered to carry only enough belongings to fill a large file cabinet. Cushioning material such as pads, mats and folded blankets, as well as wheelchairs, are exempt from the rules.
“It’s not about access, it’s about the human beings and their pets who live on the streets and deserve to be treatedwith respect,” Judith Epstein said at themeeting.
DowntownBerkeley Association CEO John Caner told the council that merchants are losing business because of cluttered sidewalks.
“We need balance in our public spaces, we need a public commons that is welcoming to everyone. … It’s really hardwhen amerchant shows up and stuffis strewn all over their doorways,” Caner said.
The ordinance also lays the groundwork for city staff to cite people who violate the rules, although enforcement won’t be a top priority. Code enforcement or public works can tell people to move their things and store their belongings within two hours if they don’t.
If people refuse to move their stuff, they could be issued a $100 citation.