Ordinance To Fine, Jail Camping Homeless People That 'Refuse Outreach' Approved In Affluent NJ Town

SUMMIT, NJ — After three months of revisions, the Summit Council has unanimously voted to approve a controversial ordinance that would charge the homeless or the unhoused fees or issue jail time for camping on public property.

"When outreach is offered and refused repeatedly and behavior puts others at risk, then, yes, we must draw lines to protect the greater good," said Councilman Kevin Smallwood. "This ordinance is not about criminalizing homelessness. It is about keeping our shared public spaces safe, clean, and accessible for everyone — residents, families, seniors, and our children... We can be a community that offers help without enabling them. That’s real compassion."

The revised ordinance, passed at the June 3 Council meeting, does have multiple steps in place when encountering a person violating the rules, however, the most severe penalties still include a fine not exceeding the sum of $500 and/or imprisonment and/or community service for a term not to exceed 30 days.

Councilwoman Claire Toth noted that "this ordinance isn’t perfect, far from it. There’s still much work to do."

She added that the ordinance also includes having the police department write procedures so its "officers can implement this with compassion and consistency."

"We are going to work with Overlook Hospital to ensure that its discharge process connects the unhoused with appropriate social services," said Toth.

"Still, I accept the reality that there is going to be an ordinance. I much prefer this version to the one originally proposed," said Toth, who was opposed to the original ordinance.

Councilwoman Delia Hamlet noted that "everybody here cares about ending homelessness."

"I'm really proud of all of us for disagreeing for three months on how to get this right. This is what good governance is. This is what community involvement is. And let’s keep having tough conversations," said Hamlet. "Just because we disagree doesn't mean we can’t get to where we all want to be, which is ending homelessness together."

"The intent of this ordinance was not aimed at the unhoused. The original ordinance didn’t say anything about homelessness. It was about not allowing people to take over a public property and some of those individuals had places to stay," said Councilman Jamel Boyer. "I've consistently been hearing about the unhoused, but we also have to remember the public."

He added that without this ordinance, someone could pitch a tent and the police, who are our professionals, said, 'Hey, I can’t really do anything about it'."

Mayor Elizabeth Fagan said that "this ordinance is just another layer, another opportunity for engagement. Maybe it's not perfect, but it's an option... The first option is looking at the humans we are trying to help."

Fagan noted that the Mayor's Task Force will still be in place to help those in need.

"If any person engaged in Camping and/or Obstructing a Public Area appears to be unhoused, the Summit Police Department shall contact the Mayor’s Task Force on Homelessness and/or the New Jersey Coalition to End Homelessness to seek their assistance in attempting to resolve the violation through housing in lieu of enforcement," according to the ordinance.

The ordinance noted that the court shall offer court-ordered participation with social work professionals and/or behavioral health treatment as an alternative to the penalties set forth.

Additionally, no person shall be arrested, prosecuted, or convicted under the ordinance if that person has no available indoor housing at the time.

There is also provisions in place stating that a law enforcement officer has reasonable cause to believe, or if a mental health screener or outpatient treatment provider has certified, that a person by reason of mental illness is “in need of involuntary commitment,” the person in question shall not be charged under the ordinance, but instead may be taken into custody and transported to a local hospital or other screening service.

"We all have the same goal, you may disagree around the process and how to achieve that, but we want to help these people. They should have dignity, they should be in a home. And that's what I think this process has been about," said Council President Mike McTernan. "If it helps one person make the better choice, it's been worth it."

See previous reporting:

• Affluent NJ Town Plans To Fine, Jail The Homeless
• NJ Town Pumps Brakes On Ordinance Fining, Jailing The Homeless

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