Duboce Triangle Neighborhood Association

Homeless

FAQs on Homelessness and Quality of Life Issues

DTNA interviewed people from the city administration and a local homeless service advocate to put together balanced answers to the questions we tend to get about homeless activity and other quality of life issues. Please be aware that the answers below are strictly the opinions of the particular person or organization cited.

This will always be a work in process. Please add a comment or send us a note if you have suggestions or other ideas.

Experts Cited Below
Officer Art Howard, Park Station, 415-242-3033
City and County of San Francisco Office of the District Attorney
Tommi Avicolli Mecca, Long-time Castro-area advocate for humane treatment of the homeless

1. Rights

Q: Is it legal to sleep on the street?

  • DA:  Sleeping on the sidewalk is restricted by San Francisco Municipal Police Code section 22 where a violation occurs when an individual blocks traffic on the street, sidewalk, passageway or other public place. Keep in mind though that anyone blocking traffic is violating San Francisco Municipal Police Code section 22 and California Vehicle Code sections 21950 (b) and 21954 (a).
  • TAM: I do not believe there is any law against it per se, although people are often cited for blocking the sidewalk and camping. The problem is that citing someone for “quality of life” infractions can cause them immense problems in getting housing in the future. If the person doesn’t pay the fine and it goes to a warrant, then federally funded housing providers can deny the person housing.

Q: Is it legal to defecate or urinate on the street?

  • DA:  No, it is a violation of Municipal Police Code section 153 (a).
  • TAM: I don’t think defecation is illegal but urination or defecation can result in a ticket. The problem is that citing someone for “quality of life” infractions can cause them immense problems in getting housing in the future. If the person doesn’t pay the fine and it goes to a warrant, then federally funded housing providers can deny them housing. Note also that the homeless are not the only ones who urinate on the sidewalks — it can also be a problem with folks leaving bars at night.

Q: Is it legal to go through people’s trash or recycling container?

  • DA:  No, it is a violation of Municipal Health Code section 293.1 for anyone other than authorized employees to dig through a recycling container or take recyclable materials placed out for collection.
  • TAM: I don’t know of any law against it. My feeling is that once your trash is on the street, it’s fair game for folks. I think it’s advisable to always shred all sensitive info so that no one can use it to steal your identity. As long as folks are not leaving trash all around the sidewalk, there shouldn’t be a problem with someone taking bottles or cans to make a few cents at a recycling place.

Q: Is it legal to panhandle?

  • DA:  No, panhandling is a violation of Municipal Police Code section 120, and is a violation of Vehicle Code section 22520.5 if it occurs on a freeway on-ramp.
  • TAM: There’s a limit on aggressive panhandling or doing it near an ATM, median strip of any street, parking lots or highway entrance, which was passed by city voters a few years ago. Panhandling is a constitutional right that is protected under free speech. It’s like any other expression, such as holding up an antiwar sign on the street. The problem is that citing someone for “quality of life” infractions can cause them immense problems in getting housing in the future. If the person doesn’t pay the fine and it goes to a warrant, then federally funded housing providers can deny them housing.

Q: Is it legal to sleep in a park? Even on a park bench?

  • DA:  No. [and] No, between the hours of 8 p.m. and 8 a.m., no one is allowed to be in the park with the intention of sleeping there. (Municipal Park Code section 3.13.)
  • TAM: I don’t know of any law against it except at night when parks are closed.

2. Appropriate Responses

Q: Who should I call to report anonymous property damage?

  • DA: If you see someone damaging property, then call 911. To report property already damaged, call 311.
  • Officer Howard: City & County of San Francisco Customer Service Center: 311. OR Department of Emergency Services’ non-emergency phone line for police dispatch: 415-553-0123.
  • TAM: Police. (I think in this section in general it should be made clear that it’s not only homeless people who do these things. These are things that all types of people do, including kids of neighbors and men coming out of bars drunk.)

Q: Who should I call to report urination or defecation?

  • DA: If you see someone urinating or defecating in public, then call the Police Non-Emergency line at (415) 553-0123. To request a sidewalk cleaning, either call 311 or file a report online at http://www.sfgov.org/site/sf311rfs_index.asp?id=91538.
  • Officer Howard: If the call is in progress, the individual should call 911 or 415-553-0123 depending on the nature of the act.
  • TAM: I don’t know that you should call anyone.

Q: Who should I call to report vandalism or graffiti?

  • DA: If the vandalism or graffiti is in progress, then call 911. To report graffiti, either call 311 or file a report online at http://www.sfgov.org/site/sf311rfs_index.asp?id=91960.
  • Officer Howard: If the call is in progress, the individual should call 911 or 415-553-0123 depending on the nature of the act.
  • TAM: Department of Public Works, I believe. Landlords or homeowners are required to clean up or paint over grafitti.

Q: Who should I call to report recycling theft?

  • DA: If the theft is in progress, then call the Police Non-Emergency line at (415) 553-0123 or file a report online at http://www.sfrecycling.com/residential/recycle_theft.php?t=r.
  • Officer Howard: If the call is in progress, the individual should call 911 or 415-553-0123 depending on the nature of the act.
  • TAM: Don’t know that there’s anyone to report it to. One should always shred sensitive or confidential materials so that there’s no danger in someone going through the trash. Sometimes people who have a hard time finding traditional work go through these things to take bottles and things to bring to recycling places for cash.

Q: What are the services that can be called instead of police in these situations?

  • Officer Howard: The aforementioned issues are all police matters. If a clean-up is required, 311 will assess the call and send the appropriate city department to handle.
  • TAM: If someone is in psychiatric crisis, call the Mobile Crisis Team, 415-355-8500. For a homeless person, call 311 and ask for Homeless Outreach Team.

Q: What will these groups do?

  • Officer Howard: City & County of San Francisco Customer Service Center:311 will assess the call and send the appropriate city department to handle.
  • TAM: Do an assessment and decide if they should go to a trauma center.

Q: What will happen to repeat offenders?

  • Officer Howard: The District Attorney handles the prosecution of individuals/recidivists: 415-553-1752. Additionally, the Community Justice Center at 555-575 Polk Street just started. Individuals will be cited to appear and be offered services in-lieu of criminal prosecution.


3. Prevention

Q: How can I prevent vandalism/graffiti?

  • Officer Howard: Form a Neighborhood Watch Group. Project Safe: Jon Shepherd, 415-673-7233. Additionally, individuals can post a “No Trespassing” sign thus requesting enforcement of Municipal Police Code section 25 in their absence. These green/yellow signs must be changed twice a year.
  • TAM: I’d consult the graffiti advisory board at City Hall for advice.

Q: How can I prevent trash/recycling break-in?

  • Officer Howard: Form a Neighborhood Watch Group. Project Safe: Jon Shepherd, 415-673-7233. Additionally, individuals can post a “No Trespassing” sign thus requesting enforcement of Municipal Police Code section 25 in their absence. These green/yellow signs must be changed twice a year.
  • TAM: Not sure what is meant by “break-in.” People sometimes go through recycling to gather things to sell for money. I don’t believe that’s necessarily harmful to anyone. See note above about shredding sensitive documents.

Q: How can I prevent sleeping in front of my home/property/business?

  • Officer Howard: Form a Neighborhood Watch Group. Project Safe: Jon Shepherd, 415-673-7233. Additionally, individuals can post a “No Trespassing” sign thus requesting enforcement of Municipal Police Code section 25 in their absence. These green/yellow signs must be changed twice a year.
  • TAM: You can’t prevent it, but you can call the Homeless Outreach Team team (311) and/or talk with the person and try and be reasonable, try to negotiate with the person so that they understand that it’s not appropriate to sleep there.

4. Personal

Q: What is the best way to have a win-win interaction with a homeless person who is not using drugs?

  • Officer Howard: Many individuals suffer from mental illness so it is recommended that you leave it to the professionals. If you are confronted with a situation, show genuine warmth and connectivity coupled with caring concern without being judgmental.
  • TAM: If the person is not tweaking, then it should be easy to have a civil conversation as long as there is mutual respect. I would deal with a homeless person the same way I deal with any other person.

Q: What is the best way to have a win-win interaction with a person abusing an addictive substance?

  • Officer Howard: Many individuals suffer from mental illness so it is recommended that you leave it to the professionals. If you are confronted with a situation, show genuine warmth and connectivity coupled with caring concern without being judgmental.
  • TAM: Depends on the substance. Clearly, if it’s a drug that makes the person violent, then I would say it’s probably best to not engage in any interaction with the person at all. 

2 Comments

2 responses so far ↓

  • David Reardon // May 8, 2009 at 5:31 pm | Reply

    Greetings neighbors,

    My Primary experience with those abusing addictive sunstances, primarily alcohol and nicotine, are presumably housed people at partys, streetfairs and near bars. Why is it that we accept the littering of cigarette butts everywhere and at all times?

    Clearly the Bay to Breakers provides more litter and substance abuse then all the homeless people in the DTNA do in a year including public urination.

    I’m glad that people go through the trash and re-cycling. Man, have some compassion! The concept of “stealing” trash/recycling is such an elitist white corporate viewpoint.

    The real crime here that the officer should acknowledge is homelessness itself.

    Respectfully,
    Dave Reardon

  • Kurt Brown // May 14, 2009 at 11:12 am | Reply

    I would certainly have more confidence in Tommi’s ability to balance the needs of the homeless with the needs of the neighborhood if he didn’t have so many sentences that started with: “I don’t think”, “I don’t know”, and “I believe.”

    Additionally, I find his “the homeless aren’t the only ones who xxx” argument, while true, to sound remarkably familiar to my 5 year old nephew’s logic of responsibility.

    FYI, I make it a point to meet and talk with all the homeless and substance-challenged people in my neighborhood, and are on good terms with many of them, who are often fine and responsible members of our little community.

    So while my heart goes out to Tommi in helping out those who don’t have roofs over their heads, it really does bug me that we don’t have a more reality-based approach to these problems, where people actually try to get familiar with facts about what works and what doesn’t, as opposed to vague “feelings,” “I don’t thinks” and “I don’t knows.”

    And to Dave, I completely agree about cigarette butts, and that going thru trash is not really a problem. But if people just dug thru trash to get recycling (like the little old Chinese ladies do), then nobody would be talking about it, cause it wouldn’t be an issue.

    The problem is that some minority of homeless, always the ones with mental or substance abuse problems, don’t just “go thru” trash. They empty it out onto the sidewalk and street, leaving it sit there for days, blowing around, until the understaffed and underfunded DPW can finally clean it up.

    I fought this situation with a garbage can in front of my apartment for nearly a year, cleaning it up almost daily myself, and it never was people “doing recycling.” It was always mental or substance challenged “hoarders” who dumped shopping carts of trash, and then dump the can on the sidewalk. It only slowed after DPW removed the trash can. I’m still cleaning up homeless guys’ trash on that corner myself, nearly every day.

    And as for your demand that the officer acknowledge the “real crime” which is homelessness, so what if he did? Now what? Does that do anything except make you feel better? Do you think an officer has any influence over the root causes of homelessness, or that his “acknowledgment” makes any difference?

    The problem is not with the officer. The problem is with the Mayor and the Board of Supervisors, and your local homeless support “infrastructure.” If you think there’s a problem that needs to be addressed, I think directing your ire at a beat cop is a little misplaced.

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