PECS committee debates vagrancy/unauthorized camping ordinance; defers 30 days for legal review

Chair Nicole Messia presented an ordinance to amend DeKalb County’s code addressing vagrancy, unauthorized camping and certain nuisance behaviors, saying the intent is to clarify behaviors that law enforcement may address while avoiding criminalizing homelessness.

The law department provided a substitute draft that it said could be approved in form, but commissioners requested several substantive clarifications before any final action. Commissioner Long Spears asked for a direct comparison to existing code chapters (chapter 16) and suggested removing or reframing the word "warning," arguing the draft’s structure implies escalation to arrest and stressing that a paper trail and written resource lists would better reflect a compassionate approach.

Speakers asked how prior notice would be given before removing personal property (the draft requires a minimum of 24 hours), whether property would be stored and for how long, and whether outreach teams can meet the outreach requirements. Commissioner Terry urged pairing any ordinance with a diversion center and a clear protocol for clearing encampments; he and others warned about jailing people with mental health or substance diagnoses and about the county’s high jail costs.

Deputy County Attorney Phillips and Senior Assistant County Attorney Michael Petty recommended deeper review to ensure the ordinance fits with state criminal trespass law and county code and to avoid contradictions with recent legislation. Petty said the draft could be approved in form but that substantive commissioner input should guide final edits.

After extended discussion the committee voted to defer the ordinance for 30 days to allow legal staff to provide comparative text and to revise language addressing warnings, notice procedures, outreach capacity and the interplay with state law and other county programs.

Why it matters

The ordinance seeks to balance public-safety concerns with protections for residents experiencing homelessness. Commissioners emphasized the need for clear, compassionate language and for operational protocols (outreach, storage of property, referral pathways and diversion alternatives) before approving any enforcement changes.

Next steps

Legal staff will review the draft against existing Chapter 16 code language, draft revised wording to address commissioners' concerns and return the item after the 30-day deferment. The committee requested explicit language stating ARP or other funding limits where relevant and asked procurement/grants to confirm capacity for outreach and storage arrangements.