A reported homeless campsite on State Trust Land (STL) near Fountain Hills Middle School was the subject of a discussion at the Town Council meeting on April 18. The individual reportedly living at the site was arrested two days later.

Maricopa County Sheriff’s Capt. Larry Kratzer confirmed on Friday, April 21, that the individual who had been camping on the STL had been arrested on an outstanding misdemeanor warrant. He said deputies saw the individual near Palisades and Fountain Hills boulevards about noon on Thursday, April 20, recognized him as wanted and took him into custody without incident.

State Land Department personnel are to be at the site this week to clean up the camp.

Meeting

At the Tuesday meeting, Interim Town Manager Rachael Goodwin asked Kratzer to report on the situation, though this was before the arrest had taken place.

According to Kratzer, a citizen had contacted MCSO regarding the individual apparently camped in the desert not far from the Middle School. He said Councilman Allen Skillicorn had also reached out regarding the individual.

Kratzer also explained that MCSO has no jurisdiction to enforce codes on regulations related to the STL. He said he reached out to the Land Department to get guidance on how to proceed. Forms and photos were submitted to the Land Department who indicated someone in the department would follow up, which Kratzer said they did. The Land Department official located the campsite, but there was no one there. An official notice was left giving the individual 72 hours to clean up the site and leave.

Kratzer noted that it is legal to camp on STL with a permit. It was not immediately clear whether the individual had a permit. The Land Department authorized MCSO to follow up after 72 hours and trespass the individual from the property if they were still there.

According to Kratzer, the Land Department has indicated that they will follow through with adequately posting the property for no trespassing, which would allow MCSO to enforce that regulation.

Discussion

Councilwoman Brenda Kalivianakis said she had heard quite a bit of concern regarding the issue from citizens, particularly since the site is close the Middle School. She reported discussing the issue with State Senator John Kavanagh, who relayed to her that State Land officials told him MCSO could enforce the law on STL. Kratzer said MCSO has authority to address and investigate more serious criminal issues such as assault, robbery or homicide, but enforcing State Land regulations is not the Sheriff’s jurisdiction unless asked, which is why he sought the cooperation of the Land Department.

“We just want to be sure we are respecting the rights of everyone,” Kratzer said.

During the call to the public resident Alan Meehan cautioned the Town against what he described as “the slippery slope of compassion,” for the homeless. He described a situation where his son lives in Oregon, which he said has become intolerable because the city wants to support the homeless.

Fountain Hills Town Attorney Aaron Arnson said the Town is not alone in wanting to address the issue. He said his firm is working with attorneys across the Valley to draft what might be a “model code” that could be adopted and adjusted to specific needs of the municipality.

Arnson said he is planning to present the proposal to the Town Council at a workshop prior to the first regular meeting in June.

Kratzer responded to The Times with an email regarding MCSO interaction with homeless individuals. He said the Sheriff’s Office does not track crime by homeless individuals because it does not have a mechanism to do so. He went on to cite some additional points from a law enforcement perspective.

It is not a crime to be homeless and MCSO cannot take any enforcement action because someone is reported to be homeless in the area (minus any violation of town ordinance or state statute).

MCSO had been requested to enforce certain minor crimes in town such as jaywalking and littering, and MCSO made the statement that any crimes they would take enforcement action on would be enforced across the board and not only focused on one population in the community.

If individuals in the community want to assist the homeless population, the best way to do this would be to donate to local groups or charities that provide services to homeless individuals. This is in line with the signs the town has put out in the community about panhandling and it being okay to say no.

MCSO has worked with local businesses and churches to inform them of their rights as a business or property owner to have individuals they don’t want on their property trespassed and how they can request the assistance of MCSO for these requests or enforcement after a person has been told and continues to frequent the property or business.

This was done after many businesses/residents in town complained about the number of homeless individuals frequenting local businesses and emails to Town Council about the problems or perceptions of issues this created.