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Proposed ordinance in Fort Smith looks to ban sleeping on public sidewalks and streets, camping on city property

The proposed ordinance also bans people from sleeping in entrances to public or private property near a public sidewalk.

FORT SMITH, Ark. — A proposed ordinance in Fort Smith could bring changes to the way the city handles those who sleep on public property or camp on city property. 

According to the Fort Smith Board of Directors meeting agenda for Dec. 17, if approved by city directors, the proposed ordinance would prohibit people from sleeping on public sidewalks, streets, and alleyways. 

The proposed ordinance also bans people from sleeping in entrances to public or private property near a public sidewalk. 

“This has been a subject that's been on the hearts of the board for quite some time to try and do something to aid in our efforts in keeping the sidewalks and the public areas clean and clear for everybody,” Fort Smith’s Director of Neighborhood Services Shawn Gard said. 

The ordinance states that “No person may occupy a campsite on city property inconsistent with the regulations of the Fort Smith Municipal Code.”

According to the proposed code, some exemptions for campsites on public property include a formal declaration by the City Administrator or a special event that is "in the public interest and consistent with the city’s goals."

Those who violate the proposed municipal code, according to the document, “shall, upon conviction, be guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-9.” 

According to a memo in the agenda packet dated Dec. 10, Gard said City Directors Kevin Settle and Lavon Morton formally requested the board to be presented with an ordinance that addresses sleeping and camping on city property. 

Gard told 5NEWS his department responds to calls to clear debris left over from encampments. 

"One of the things that we see is a lot of items that are distributed to the homeless,” Gard said.  “We deal with soiled items, soiled sleeping bags, the trash, the garbage, the debris that's brought in for the makeshift shanties that they're throwing up…we do come across drug paraphernalia." 

Gard added that his department receives calls almost daily with complaints from residents regarding the homelessness issue in the city.

According to a Point in Time survey from last year, at least 443 people in Fort Smith experienced homelessness. 

If passed, Gard said he hopes this proposed ordinance makes the city cleaner and safer for all. 

"We want to be as understanding as possible of the concerns with the homeless, but we also want to do our best for the citizens of Fort Smith and for all those who come into the city,” Gard said. “This will aid us in being able to address our sidewalks, the entry ways to all of our businesses in the downtown area, and to protect the public and to protect the homeless as well."

Gard said he will present the ordinance to the board at the meeting on Dec. 17.

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