Cape Coral imposes ‘public camping’ ban
Camping or sleeping on public property in Cape Coral will now result in a trespass warning or arrest.
City Council passed a camping prohibition ordinance Wednesday, giving the Cape Coral Police Department a process for the issuance of trespass warnings and arrests of those who camp or sleep on public property not designated for recreational uses.
The ordinance was brought forward to comply with state law.
Police Chief Anthony Sizemore said the governor’s office made it clear that doing nothing was not an option and that failing to take action to comply would open Council, collegial body, to litigation.
He also said doing nothing would exacerbate the issue the camping ban is intended to correct.
“Doing nothing allows a homeless problem to continue to grow,” Sizemore said.
HB1365, which prohibits Florida cities and counties from allowing people to sleep in public places, passed this past session by the Florida Legislature and was signed into law by Gov. Ron DeSantis.
The legislation, which went into effect on Oct. 1, 2024. also allows local governments to create camps, or designate areas where sleeping is allowed, if shelters are at capacity.
The new state law has no direct enforceability but compels local governments to do what Council did Wednesday, Sizemore said.
“It will provide another tool for law enforcement in a very multi-layered issue,” Sizemore said of Ordinance 2-25. “What this will not do is outlaw, criminalize homelessness.”
What it does is provide the police department with the ability to enforce prohibition on outdoor public camping, he said, adding that most individuals who camp are homeless.
Public camping or sleeping is defined in the ordinance as “lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of cooking accoutrements, or storage of other personal belongings, including but not limited to bedding, blankets, pillows, sleeping bags, backpacks, suitcases, huts, awning, lean-tos, chairs, tarps, or any person found being covered by material such as bedroll, newspapers, or cardboard, or inside any temporary shelter, including but not limited to hammocks.”
The ordinance further states that it does not include lodging or residing overnight in a motorized vehicle, or for recreational purposes on property designated by the city for such purposes.
With the passage of the ordinance, the Cape Coral Police Department legal advisor will continue to train staff.
“Really threading a tight needle with constitutionality and provisions in 2-25,” Sizemore said, adding that when officers are on the street it will ensure they are not operating outside of the constitution and not stepping outside the confines. “The training has already been done in earnest.”
The ordinance states that city property means “any public right-of-way, sidewalk, parking lot or facility, easement, street, road, alleyway, or other city-owned public ways, or the surrounding grounds, all city-owned, leased, or controlled property, buildings, structures, parks, or the surrounding grounds.”
What this ordinance will not do is eliminate the homeless “problem” in Cape Coral, officials acknowledged.
There was a discussion at the meeting that the homelessness that was happening in the South Cape Community Redevelopment Area is not going to be permitted with this resolution. Sizemore specified Southeast 47th Terrace by the bus station in particular.
“Private businesses signed authorization to enforce trespassing,” Sizemore said. “Currently, up to the passing of this, public property was allowed to be occupied whether you have bagged chairs, carts — you were allowed to be on public property on the sidewalk. Our goal before, now and into the future is utilizing the ‘HOT’ team concept.”
The Homeless Outreach Team concept is that when a police officer encounters someone experiencing homelessness in the moment, they do what they can to help, such as delivering them to a continuum of care — a treatment facility, Sizemore said adding it’s about getting someone into the system to get the care and job skills they need to get them off the street.
“We all know not everyone will choose that option,” Sizemore said. “What this ordinance will not do is criminalize somebody who chooses homeless. You are allowed to live on the street. It is a tight line that my officers have to work.”
Sizemore said if an individual wants the help they will bring them to the Salvation Army complex, for example, if there is room available.
“We call before we go,” Sizemore said, adding that if there is no room, officers will take the person to a less restrictive place where they need to go.
Either way, the individual will not be allowed to remain in place.
If somebody has all of their stuff, and is homeless, in public and living on the street, they are going to have to move along, he said, adding the department is not going to turn a blind eye to cause blight, or fear.
“There are some issues happening there. It’s another tool to be able to address it,” he said.
The ordinance states that “any person found to be engaged in public camping, or sleeping in violation of this article shall immediately be told to cease engaging in public camping or sleeping by law enforcement and to depart.” It further states that a trespass warning for a first-time offense can be issued by law enforcement. The warning will be valid for a year.
Continued failure to comply will result in arrest and any possessions will be confiscated.
“Law enforcement should not destroy evidence of camping, campsite materials, or personal property, but should instead seize and place such items into property and evidence,” the ordinance states.
To reach MEGHAN BRADBURY, please email news@breezenewspapers.com