Disputed Marysville code clears vote

23, mostly advocates for homeless, speak out about ordinance at council meeting

New Marysville laws aimed at stopping people from lying on sidewalks or relieving themselves in public have been approved by the City Council over the objections of homeless advocates.

Council members voted 4-1 to approve the first reading of the Public Peace, Safety and Morals code after nearly three hours of discussion. A second reading must still be approved, likely during the Oct. 6 meeting.

The move Tuesday came after an emotional plea by Mayor Ricky Samayoa to his fellow council members to hold off on supporting the ordinance initiated by Councilman Chris Pedigo. Samayoa maintained the ordinance

would criminalize the city’s homeless and that the offenses addressed in it are already covered by state law.

“This provides an opportunity to step back and look at a more comprehensive solution,” Samayoa said. “It’s clear for a reasonable person to understand that this does not solve the problem.

“Maybe we can set up restrooms and create shelters. Let’s really solve the problem.”

Pedigo was joined by council members Dale Whitmore, Bill Simmons and Jim Kitchen in supporting the ordinance seen as a way to “fill gaps” in the city’s existing code.

Whitmore said he doesn’t believe the ordinance criminalizes homeless people.

“This is not an anti-homeless ordinance,” he said. “I think we need to pass this ordinance because we need to let people know this is not acceptable behavior.”

Pedigo said the ordinance, which does not specifically reference homeless people, stems from complaints from some business owners. Along with addressing urination and defecation in public and lying on sidewalks, it also makes it unlawful to remove or possess shopping carts.

The vote came after 23 people, the majority of them homeless advocates, filed to the podium to speak.

Chaya Galicia, president of the Yuba-Sutter Homeless Consortium, told the council the ordinance does nothing to address long-term homelessness.

“It has been shown to be more effective to address the root causes of homelessness than putting them in jail,” Galicia said. “In order to address the problem it is so important that we put the resources to addressing a solution.”

Cynthia Fontayne referred to a newspaper article in which it was reported the federal Department of Justice argued in court that banning sleeping in public places is unconstitutional when there are no shelters.

“We don’t want people urinating in public, but when we don’t have any public restrooms we are basically entrapping them,” Fontayne said. “When we have no shelters, we can’t blame people for sleeping and laying in the doorway.”

However, Steven Parks, co-owner of Dinah’s on D Street book store, said the idea of being personally accountable has been lost in the discussion.

“You are accountable for your actions whether you are homeless or not,” Parks told the council. “It’s a matter of being accountable, not whether you have a roof over your head.”

Downtown resident Kelly Richcreek said she is tired of scooping up “human poop” from in front of her home. She also urged working to find solutions.

“This is about human conduct,” she said. “It’s a big problem when we have to clean that up. It’s not OK for anyone to do that, and I don’t want the police to look the other way.”

The ordinance specifies misdemeanor violations for public urination or defecation and for having a shopping cart with first-offense fines of $250 and/or six months in jail. It would be an infraction with a first-offense fine of $150 for sitting or lying on a public sidewalk.

While there are existing state codes that address all three issues, Police Chief Aaron Easton said state law related to public urination is lumped in with other violations such as disorderly conduct. He also said state laws related to possession of shopping carts is covered in the state Business and Professions Code rather than penal code.

In addition, fines imposed based on municipal violations go to the city while they are shared with the state when they are based on state code, City Manager Walter Munchheimer said.