ROCKINGHAM — City leaders have taken the first step in addressing issues related to the expanding homeless population.
The Rockingham City Council on Tuesday adopted an ordinance that prohibits “camping” on city-owned property or public rights of way, including sidewalks.
Camping is defined in the ordinance as “use of city property…for living accommodation purposes such as sleeping, or making preparations to sleep…or storing personal belongings or placing any tents or a temporary shelter on city property or a public right of way…”
Temporary shelter is defined as tents, tarps, boxes “or any structure or cover that provides partial shelter from the elements.”
The ordinance also prohibits lighting campfires or bonfires on public property.
Violation of the ordinance is a Class 3 misdemeanor and subject to a fine of up to $500.
The vote on the ordinance, which was unanimous, came after a presentation by Rockingham Police Chief George Gillenwater.
Chief George Gillenwater addresses the Rockingham City Council on efforts made by the police department regarding the local homeless population.
William R. Toler - Richmond Observer
The chief said that issues with homelessness are nationwide, not just in Rockingham. However, the county has seen an increase in the homeless population in recent years.
Gillenwater said that there are several encampments within or near the city limits, including an area just off of Mill Road and the area behind Lowe’s between Biltmore and Long drives.
“There are some situations in Rockingham that have probably escalated our issue more so than other areas,” Gillenwater said.
According to the chief, there has barely been a single day in the past two years when he hasn’t spoken with City Manager Monty Crump or Assistant City Manager and City Planner John Massey about the homeless situation and what can be done to improve that situation moving forward.
Gillenwater said he thinks the ordinance will be a help to law enforcement: “That will help keep them off the sidewalk or setting up camps on city property.”
Law enforcement has also been working with the district attorney’s office to provide relief for city business owners.
“Up until recently, our hands were tied…with what we could do, what we couldn’t do,” Gillenwater said.
The chief explained that if someone is trespassing, the business owner has to go to the magistrate's office and swear out a warrant, as well as go to court to seek damages.
“Many of our business owners aren’t local and those that are local are small business owners, and that’s taking the business owner out of their business, away from the customers and tying them in court,” Gillenwater said. “Many of you know, just because you get a court date, doesn’t mean that you’re actually going to get something solved on that court date. Nine times out of ten, it’s going to get continued … so that’s going to tie you up …over three or four months.”
Gillenwater said he has talked with several business owners who have had issues and reached out to District Attorney Jamie Adams to find a better solution.
District Attorney Jamie Adams speaks about giving law enforcement the ability to issue trespassing citations.
William R. Toler - Richmond Observer
Police can now charge individuals for trespassing on behalf of the businesses.
Instead of just running a homeless person or vagrant from one business to another, police can now cite the offender, which gets them in the court system, according to Gillenwater.
“They may come to court, we don’t know,” said Adams, who was in the audience, along with County Commissioner Andy Grooms and several local business owners who have been affected by more than just loitering. “But if they don’t, then that at least gives us … teeth behind what it is that we’re doing.”
“I think that this is going to be a very good thing for the business owners in the city of Rockingham,” Gillenwater said.
(NOTE: The RO will have more on the business owners in a later story.)
The chief went on to reference a recent decision by the Richmond County Board of Commissioners to fund a drug court with money from the opioid settlement.
“As you’re well aware, many of the homeless population are afflicted with addiction,” Gillenwater said. “This gets them, potentially, into a situation where they can go through drug court and maybe this gets them back home.”
Adams acknowledged Superior Court Judge Dawn Layton for her work to get the drug court started.
“I think that is going to be helpful,” Adams said. “But…that’s part of the problem. There is a segment of the (homeless) population that are doing some of these things…that is not going to help them, I recognize that and I will deal with them in the appropriate way.”
Regarding the point about getting them “back home,” Gillenwater said the department has started a database to collect information on the homeless.
“We’re encouraging our officers anytime they come in contact with a homeless individual, that they give their name, where they came from and why they came to Rockingham,” Gillenwater said.
That database, Gillenwater said, will give police and other city officials a better idea of what’s going on.
The chief also noted that he has seen complaints about offenders being arrested and released back onto the streets.
“That’s not anything to do with the Rockingham Police Department,” Gillenwater said. “We don’t dictate who gets out of jail, we only dictate who goes into jail and that’s only with the aid of the magistrate’s office.”
Gillenwater said it also doesn’t fall on the district attorney’s office.
Mayor John Hutchinson reiterated that point.
Mayor John Hutchinson, center, presides over the August meeting of the Rockingham City Council.
William R. Toler - Richmond Observer
“We can go out there, we can answer the call, we can take them in — but that’s the limit of Rockingham’s ability,” the mayor said. “We don’t have anywhere to hold them, we don’t have anywhere to treat the mental health issues they may have.
“All we can do is get them away from wherever they’ve caused an issue …and get them into other hands, however long that might be,” Hutchinson continued.
Crump said he appreciates what the police department and DA’s office has done, adding that the city hasn’t “turned a blind eye” to the issue.
“We see it, we know it,” Crump said. “Homelessness is not a crime, but when you commit crimes, we need to be in a position to be able to get them off the streets and get them in the judicial system.”
Crump said that police officers are not social services workers — but they’re expected to be.”
According to Gillenwater, a typical shift includes five officers “running wrecks and every other call,” including responding to calls regarding the homeless.
The end game with citations, Gillenwater said, is not to clog the jail — which is already dealing with overcrowding.
“The homeless don’t need to be in jail,” Gillenwater said. “The idea is to get them in the system, hopefully in drug court if they need some sort of rehabilitation services, and offer them some help and hopefully get them home and off the streets.”
“It’s going to take participation from the county,” Crump said about the homeless situation, including from the Department of Social Services and the commissioners.
Grooms said the county is "more than willing" to work with the city and others "to clean this problem up."
“I think we’re off to a good start,” Crump continued. “Do we expect this is going to be the end-all? No, we don’t.”
If the recently approved actions don’t work, Crump said the city will look at additional ordinances.
