Department of Police and Parks
Reference: Encampment Policy & Enforcement Actions
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Monce Portillo, Patrol Division Commander
Date Prepared: September 19, 2024
PURPOSE
To inform the Council on the City’s homelessness encampment policy and enforcement actions.
BACKGROUND
For the past several years, the Brighton community has seen a rise in individuals experiencing homelessness. According to the Point in Time count (PIT) conducted by the Colorado Coalition for the Homeless, Colorado has seen a 150% increase in people experiencing homelessness over the last ten years. From 2022-2023, Colorado saw the fourth most significant increase in the country with a 39% increase. Getting an accurate count is difficult because of many factors, including self-reporting, levels of community participation, and count methodology, but the Colorado Coalition for the Homeless uses several metrics besides the PIT, including McKinney Vento information from School Districts. In Adams County, specifically, the PIT showed there were just under 1000 individuals experiencing homelessness, with 34% unsheltered. The McKinney Vento data for Adams County showed 2,202 families with unstable housing.
The US Department of Housing and Urban Development (HUD) mandates that states use a Continuum of Care (CoC) model to help nonprofits and government agencies work towards preventing and ending homelessness. A CoC is a planning and coordination body that supports housing and services for homeless individuals and families. They gather data and work collectively to set service guidelines and manage resources. Adams County is a part of the Metro Denver Homeless Initiative CoC. The Metro Denver CoC also includes Arapahoe, Boulder, Broomfield, Douglas, and Jefferson counties, as well as the cities of Aurora and Denver. The Metro Denver CoC reports having 10,054 people in the community experiencing homelessness.
With an increase in the homeless population in our community, we also saw an increase in encampments in our parks and open spaces. Brighton Municipal Code §§ 9-8-90(12) and 12-20-40(16) prohibit overnight camping in any open space or City park. For perspective, in 2023, the Brighton Police Department responded to 313 calls for services to homelessness-related concerns. This is a 45% increase from 2022-2023.
On June 28, 2024, the Supreme Court overturned a Ninth Circuit ruling that camping bans in areas without adequate shelter bed violated the Eighth Amendment. At that time, the Police and Parks and Recreation departments met with members of the City Attorney’s Office and the City Manager’s Office to discuss the next steps.
At that meeting, staff decided it would be in the community's best interest to resume enforcing the City’s ordinances prohibiting camping in open space and parks. Often, Parks staff find human waste, used needles, other drug paraphernalia, and damage to parks near or at encampments.
Police and Parks staff will work together going forward to enforce the Municipal Code prohibiting camping on City property. This will include issuing a 24-hour notice to vacate a location and pack up belongings. Parks will coordinate the contract for cleaning up a site after the individuals have been told to leave. Personal belongings that do not pose a hazard will be stored for at least sixty days. If individuals do not pack and move, they will be issued a summons and cited to appear in municipal court. A notice will be posted after a clean-up of an encampment with contact information for recovering their belongings.
The notice posted will have a date and time stamp to ensure occupants who were not present at the time of posting are aware of the appropriate time frame. The notice will also have a number to call for people wishing to retrieve their personal property. PD Records will schedule an appointment with a person wishing to retrieve property Monday through Friday, 8 am to 12 pm, except holidays. The Parks Department will then be notified of the appointment and will bring the property at the designated time to the PD to return the property to the requesting party. This system reduces the risk of people knowing where their property is stored and breaking in or jumping fences to retrieve property on their own which has occurred in the past. It also provides clear directions for the collection and retrieval of property and provides security and safety for Parks personnel.
When the encampment is found on private property, the Police Department will work with the property owner to issue warnings and notices for the encampment occupants to vacate. The property owner will then be responsible for cleaning any remains left by the encampment occupants. The Police Department’s Community Services Division will work with the property owner, offering resources and ideas on how to mitigate the cleanup. If the property owner refuses to work with the Community Services Division, community services officers may issue a summons if appropriate against the owner of the property or begin the abatement process.
A City policy has been drafted to memorialize this process and ensure consistency.
FINANCIAL IMPACT
When the encampment is more extensive than what the Parks Department could safely clean up, they could contract with professional services. The Parks Department plans to utilize capital funds to help with the associated costs. In cases where the encampment is near the Platte River, it may fall within the boundaries of the Flood District, and Flood District Funds could be requested to help with the cost.
ATTACHMENTS
Template for Notice of Encampment Violation
Homeward Adams- Homelessness Reduction Strategic Framework, 2023
Presentation