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Leon Valley passes controversial ordinance addressing homelessness

Proponents of the law say the 'housing first' approach will help people, but critics say the law is ripe for abuse.

LEON VALLEY, Texas — A new ordinance will ban many aspects of homelessness in Leon Valley. 

The amendment to the city’s code, under Chapter 8 Offenses and Nuisances, was first brought before the Leon Valley City Council on May 16. 

The proposal came in response to a growing number of complaints from residents and business owners about homeless encampments, according to Leon Valley officials. 

“There is no way that Leon Valley can handle this by ourselves," said Melinda Moritz, the Public Works Director. "We don’t have the room, we are not going to go buy a hotel, we don’t have mental health workers, we don’t have a hospital. We have nothing.” 

The city council took up the issue again on June 6.

At the meeting, Moritz said many of the laws already exist under state and local codes. Disorderly conduct and living in a camper are two examples of current violations, she said.

However, Council Member Josh Stevens argued the language is too broad. 

“Who is to say what 'harassing' is and is not?" asked Stevens. "What if I have a sign that says something that somebody doesn’t like? Why is it necessary? It just seems like it's ripe for abuse.”

Landowner, Brian Netfield, also voiced concerns at the meeting.

"Are police officers now able to enter my property?" asked Netfield. "Cross my fence and ask somebody on my property whether they have written or expressed permission [to be there]? That’s a Fourth Amendment violation.”

Council members agreed to remove the section prohibiting people from camping, lodging or sleeping on private property without first obtaining permission from the owner.

Supporters said the law will be a 'housing first' approach. People experiencing homelessness will be offered resources outside of Leon Valley, through nonprofit partnerships, before they are asked to leave.

"A lot of cities that have a hands-off approach are reversing their policies," said Council Member Will Bradshaw. "A Portland commissioner that won a re-election had a good quote; 'Taking a hands-off approach to homelessness is not compassionate or progressive, it's dangerous and inhumane.' So, I think this is the right thing to trying to help people as well as protecting the community."

The following code amendment was passed by the Leon Valley City Council:

  • It’s illegal to camp, lodge, or sleep in any public park, recreational space, public median, street, drainageway or city right-of-way.
  • A person cannot stand in a traffic median unless they are crossing the street.
  • It’s illegal to leave unattended tents, chairs or personal belongings in public parks and spaces, except during 4th of July celebrations.
  • It’s illegal to sit and sleep in a vehicle parked on a street for longer than 24 hours. A person cannot sleep on a city highway for more than 2 hours.
  •  No person can stand or sit in a crosswalk, sidewalk, public street, highway, public park, or other property opened to the public in any manner that obstructs public passage.
  • A person may not molest or harass anyone on private or public property. This does not apply to peaceful protests and freedom of expression.
  • It’s illegal to be on Leon Valley City parks and trails after sunset until sunrise, unless authorized by a permit. (Basically, you aren't allowed to camp on trails overnight)

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