Ban On Sleeping Outside In Haddonfield Moves Forward, Despite Pushback

HADDONFIELD, NJ — A measure to criminalize sleeping outside in Haddonfield advanced Monday in the face of public outcry and split opinions from local officials.

The ordinance, if passed, would make it illegal to sleep outside at night, obstruct public areas, or to urinate or defecate in public places. The violation cannot be enforced unless police advise people about nearby homeless shelters or if there's no shelter space.

Upon conviction, it's punishable by up to 90 days in prison, a maximum fine of $2,000 or up to 90 days of community service.

Haddonfield's Board of Commissioners voted 2 to 1 on Monday to introduce the ordinance. To become law, the ordinance must receive a public hearing and a vote for adoption by the end of the calendar year.

Commissioner Itir Cole voted against the policy.

"Even if you give a citation to the person, they can’t pay it," Cole said. "That’s the end game. They’re going to go to jail because they're not going to be able to pay this fine. And then they’re in jail. They come out, where do they go? Jail is not stable housing, so they’re going to end up right back on the street."

Despite supporting the ordinance, Mayor Dave Siedell said it needs "a whole lot of work" before the commissioners consider adopting it into law.

"Being unhoused is not a crime," Siedell, who is also a commissioner, wrote on social media. "(The ordinance) is a last-resort tool for police, not a solution. Real solutions come from partnerships with churches, nonprofits, and county services. I am committed to pursuing them alongside improving the legislation and invite all ideas and organizations that can be brought to help us."

There are only about four to six consistently homeless people in Haddonfield, said Police Chief Jason Cutler. But reports to police involving homeless people have increased from 88 in all of 2024 to 144 so far this year, he said Monday.

Many of the calls involve well-being checks, trespassing or disorderly conduct, Cutler said. Most don't lead to arrests, but some of Haddonfield's homeless population has been arrested for trespassing in the past — "mostly using public bathrooms to bathe, defecating in public areas, trespassing businesses after getting asked to leave and not leaving."

Haddonfield has some public bathrooms at outdoor facilities, but none are open 24 hours. The police station is borough's only facility that's publicly accessible 24/7.

During the meeting, several people called for addressing homelessness with greater social services instead of criminalization.

The Haddonfield Council of Churches has pooled money so the borough can hire a social worker who assists homeless people, Cole said.

"Do we want to send in our police who get two modules every two years on training on this," Cole said, "or do we want to say specially trained mental health specialists maybe in partnership with the police, so that it is actually dealt with it in an effective way?"

Siedell contended that the ordinance would institute appropriate penalties by classifying certain acts of lewdness as disorderly persons offenses.

"Currently, certain acts like bodily acts in public can only be prosecuted under laws as severe as felony lewdness," Siedell said. "Or, do it in front of a kid — Megan’s Law. That’s a little drastic and it’s not appropriate punishment."

He also said that the issue could grow when PATCO halts weekday-overnight service. Starting in September, PATCO will close its stations and stop running during those hours as part of a six-month pilot program that could become permanent.

Homeless people who use PATCO as a safe space might want to get off at Haddonfield station, since it's one of the safer areas along the line, Siedell said.

"That's the 'why now,'" Siedell said. "The 'why now' is the actions of PATCO which they’ve pushed and the practices of some neighboring towns."

The commissioners haven't decided when the ordinance will get a public hearing and vote for adoption. Both would need to happen before the end of the year for the current ordinance to become law.

The ordinance is available on Monday's commissioner meeting agenda (pages 39-41).