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(Rob Kennedy photo) Volunteers led by Rob Kennedy of Olean cleaned up a second encampment in two weeks on Saturday. The encapment was near the Olean dikes on the Allegheny River. The Olean Common Council has a resolution on Tuesday's agenda to prohibit encampments on public property and fine homeless for sleeping or camping in public.

Olean Common Council eyes fines for camping, sleeping or encampments on public property

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By RICK MILLER

Olean Star

The cost of being homeless in Olean is about to go up.

The Olean Common Council has a resolution on Tuesday night’s agenda to rewrite the regulations governing camping, sleeping and encampments on public property.

The resolution calls for a warning or a fine of up to $50 for a first offense, up to $100 for a second offense and up to $250 for a third offense. 

It is sponsored by Council President Lawrence “J.R.” Bennion, R-Ward 1 and Alderman Joseph Keary, R-Ward 2.

The resolution states: “The ordinance is intended to regulate conduct occurring on public property. It is not intended to criminalize homelessness or any person’s housing status.”

The resolution further states: “The Council further finds that unauthorized encampments and overnight habitation on public property may create fire hazards; obstruct sidewalks, trails, streets, and emergency access routes; damage public infrastructure, parks, and natural resources; create unsanitary conditions and environmental contamination; increase the risk of flooding along the Allegheny River, Olean Creek, and other waterways; and interfere with the safe and intended use of public spaces by all members of the community.”

In addition, the resolution states: “No person shall: (1) Camp, establish an encampment, or maintain a trailer or tourist camp on public property; (2) Sleep overnight on public property when such conduct indicates habitation; (3) Construct or maintain temporary shelters; (4) Store personal property unattended for more than 24 hours; (5) Cook or maintain open flames except in designated areas; (6) Dispose of refuse, sewage, hazardous waste, or human waste on public property; (7) Damage vegetation or City infrastructure; (8) Connect utilities or occupy public property for residential purposes; (9) Obstruct sidewalks, streets, trails, buildings, or emergency access.”

Also: “Except where immediate removal is authorized, the City shall provide 24-hour written notice. Encampments remaining after notice may be removed. Sec 25-7 Immediate Removal Immediate removal is authorized where there is a fire hazard, flood danger, blocked emergency access, criminal or illegal drug activity, hazardous waste, violence, a public health emergency, occupation of transportation infrastructure, or significant environmental damage.”

Aldermen and Mayor Amy B. Sherburne’s office have received an increasing number of complaints about homeless encampments along the Allegheny River and Allegheny Valley River Trail, as well as homeless people in Lincoln Park.

Due to concerns over damage to the restrooms at the pavilion at Lincoln Park and sanitary concerns, the restrooms have been locked except during events at the park including the Olean farmers market on Saturdays, the mayor has ordered.

“When practicable, the City shall coordinate with local outreach organizations and provide information regarding available shelter, housing assistance, behavioral health, substance use treatment, veterans’ services, or other resources before a scheduled non-emergency removal,” the resolution states. “This section creates no legal entitlement to shelter.”

Rob Kennedy, Olean resident who has organized cleanups at several homeless encampments starting last year, had some volunteers assisting him on another cleanup on Saturday. He posts a notice near an encampment he plans to clean up next. 

Kennedy has an arrangement with the city to supply bags for the trash they pick up at an encampment, then pick up the trash on Mondays.

Aldermen expect a number of residents to speak during the public comment period prior to the regular meeting on Tuesday.

Sherburne said last week supports the resolution on homeless encampments.

The mayor has not convened a meeting of the Homelessness Task Force appointed two years ago by former Mayor Bill Aiello. 

Homeless families and individuals may find help at the Genesis House, which provides shelter for the homeless. The Cattaraugus County Social Services Department also provides help for the homeless.


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