A committee of Athens-Clarke County officials met Tuesday to review ordinances related to people and objects blocking sidewalks and other public areas.
As Committee finalizes new code, Commissioners circle back to intent
Currently, the “public right-of-way” is defined in county code as sidewalks, streets, and roads. Athens-Clarke County Mayor Kelly Girtz asked the committee earlier this year to reconsider how to regulate people using the public right-of-way to sit, lie down, or store objects.
In a meeting in early October, Girtz said that current ordinances related to the issue leave residents vulnerable to injury.
“You don’t want somebody’s Doc Marten’s coming into contact with somebody’s jaw, nor a bicycle tire, nor the tire of a car,” he said.
On Tuesday, county officials and commissioners were charged with increasing safety on sidewalks and adjacent areas while also respecting the right of citizens to protest in public spaces.
However, members like Commissioner Dexter Fisher of the 5th District also asked if the committee should focus on ways to reduce the number of unsheltered people sleeping or congregating in public in the county.
“We need to ask ourselves the question, what’s the goal, what’s the end game? Is the end game enforce the ordinance that we’ve got? But we still have people sleeping on the sidewalk. Is the goal to eliminate those things, and help those people that need help?” Fisher asked.
The question comes as communities around the country have received more latitude from President Donald Trump’s Executive Order that facilitates the involuntary commitment of unsheltered people experiencing psychiatric distress.
Commissioner Carol Myers of District 8 said the new ordinance would not prevent unsheltered people from sitting or lying on sidewalks altogether.
“This is not an ordinance that eliminates people from sitting on the sidewalk, because you could be sitting in a corner of the sidewalk and nodding off and have your pile of stuff right next to you," she clarified. "It is making this more broadly applicable to situations where the sidewalk is obstructed upon.”
Redefining right-of-way and prohibited uses
On Tuesday afternoon, Commissioners Patrick Davenport, Carole Myers, and Dexter Fisher met with representatives of public transit, leisure services, and other departments to review possible new ordinances. County attorneys suggested language that redefines the right-of-way to include not just sidewalks but green space near sidewalks, bike lanes, and some multi-use paths, as well as other areas.
The new code would also widen the scope of prohibited uses of public rights-of-way. If passed, it would allow county officials like police officers to tell people sitting or lying on sidewalks to move if they are “materially interfering” with the entrance or exit of a right of way. Commissioners and other officials asked the attorneys to expand this language further to prohibit interference with “passage” along the right of way, as well.
The committee also focused on when county officials should consider objects left in the right-of-way as abandoned. Department officials currently are instructed to leave unattended items left on sidewalks and in parks for up to 96 hours before removing them. Commissioner Carol Myers said that period was too long.
“24 hours seems to strike a balance between compassionately leaving giving someone an opportunity to get back to stuff that they would be getting back to within 24 hours and also responding to the community,” she said.
Committee remains undecided on lockers for unsheltered Athenians
Earlier this year, the Athens Homeless Coalition suggested that the county institute a locker program for unsheltered people to store their belongings during the day.
Commissioner Myers supported the idea during the meeting but questioned whether the county government should administer the program.
“It’s also a question whether or not this is something that the county does or working with the Homeless Coalition and other faith providers could be somehow doing it as well,” she said.
The committee will meet again on November 17th and will likely vote on the new ordinance in December.
