The Town Council has approved an amendment to the Town Code aimed at stepping up enforcement related to trespassing and dumping in town-owned washes in Fountain Hills.

The town owns approximately 400 acres of property within the washes that run through the town. Town Public Works Director Justin Weldy told the council that dumping, in particular, is a major issue in the washes. He said signs would be posted at locations deemed necessary and the Maricopa County Sheriff's Office would be charged with enforcement.

“Over the past few years, town staff and (deputies) have responded to complaints from residents regarding motorized off-road vehicles, illegal dumping and possible homeless encampment within the town-owned washes,” Weldy’s report to the council states. “[We] have had refrigerators, stoves as well as sofas, trash bags, landscaping debris and other materials illegally dumped into the washes. Staff have removed these illegally dumped items from the washes at town expense.”

While the ordinance change essentially bans public access to the washes, Town Manager Grady Miller said the ordinance is not geared to punish those walking or hiking through the washes.

Miller said the ordinance would give the town the ability to address the concerns related to dumping and encampments.

“Other communities are seeing these encampments and we believe this will help prevent the situation here,” Miller said. “There is also the concern for potential fires in the washes.

“People may be cited for trespassing at the discretion of deputies.”

Councilwoman Sharron Grzybowski said she is concerned about those just walking or hiking and doing no real harm. She said groups like the Sonoran Conservancy of Fountain Hills have worked hard to provide access to the town’s open space.

Councilman Mike Scharnow agreed.

“I like the idea of deputy discretion related to enforcement,” Scharnow said. “I don’t want to criminalize recreation and kids on bikes.”

Mayor Ginny Dickey said the goal is clearly compliance and not penalty.

Miller said staff would come back to the council in about a year with a report on the effectiveness of the ordinance.