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Fines, jail possible for living along Santa Clara County waterways
Santa Clara County’s main water provider on Tuesday approved an ordinance that makes it a crime to live by creeks and rivers that provide water and flood control to the region.
SAN JOSE, Calif. -
The main water provider in Santa Clara County approved an ordinance Tuesday that makes it a crime to live along creeks and rivers that provide water and flood control to the region.
Before the 6-1 vote in favor of the ordinance, the Valley Water board of directors stressed that the goal was not to be punitive; they did not want to impose fines or jail time on the unhoused community.
The debate centered around employee safety, humanity for the unhoused, and environmental concerns.
Valley Water, which owns and controls more than 300 miles of waterways in Santa Clara County, including those connected to reservoirs and are part of the region's flood control plan, is facing challenges.
Dozens of tents with unhosed people line the waterways, such as the encampment along the Guadalupe River.
Valley Water CEO Rick Callender said, "Encampments have significantly impacted our ability to work in the creeks, and to steward the environment, and to preserve flood protection for our communities. Valley Water invests billions of taxpayer and ratepayer dollars for flood protection and infrastructure that has been damaged by the impacts of encampments."
Before passing the ordinance, employee groups told stories of being harassed, threatened, and chased while performing their jobs.
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Some residents voiced concerns about noise, fires, and sanitation, while homeless advocates said ordinances that criminalize homelessness are not the right approach.
"The first thing that we said was that ‘you can’t make homelessness illegal’ and you can’t come in with a cudgel. And that is exactly what they are doing, and that is our fear," said Shaunn Cartwright with the Unhoused Support Group.
Debra Townley, who had lived in her car for five years, told the board that such an ordinance would make matters worse.
"For me personally, I would not have had the money to pay the fine. I would have had to leave my disabled son in a parked car somewhere or at a shelter where he wasn’t safe. He has epilepsy. I would have not been able to pay the fine so then I would have ended up in jail," Townsend said.
The ordinance was months in the making as the water district wanted to hold an outreach meeting with members of the unhoused community and advocates.
The ordinance will go into effect on Dec. 24, with enforcement starting Jan. 2.