Sioux Falls approves ban on encampments in public places

Sioux Falls will ban camping in public places, following the lead of cities nationwide that have done so as a way to better address their homeless populations.

An ordinance making it illegal to erect a “dwelling” in public places for more than two hours passed the City Council on Tuesday on a 7-1 vote.

A “dwelling” includes but is not limited to tents, huts, shelters or any collection of materials designed to provide permanent or temporary residence as opposed to recreation or anything that provides shelter for more than one hour.

A “public place” is defined as buildings owned, leased or managed by the city, city parks and any public street, public alley, public highway, public right-of-way or public sidewalk.

In June 2024, the U.S. Supreme Court ruled that cities can ban people from sleeping and camping in public places, overturning a lower court ruling that had called it cruel and unusual to punish people for the practice.

Since then, cities nationwide have brought forward new laws that reflect that decision.

“Our parks and green spaces deserve protection, and … our officers need this ordinance to use it as a tool when the situation requires it,” said Michelle Treasure, the city’s homeless coordinator.

“This ordinance is not a solution. It’s a tool, among many, as we continue to build a more balanced response.”

Since the ordinance was proposed earlier this month, council member Rich Merkouris added multiple amendments. Before removing an encampment, the city is required to post a notice if the person isn’t present. It will state the time of the notice, how to contact someone at the city, that the dwelling is in violation of city ordinance and that it needs to be removed immediately or the city will remove it in 24 hours.

At the time of removal, items having no apparent utility or monetary value and items in unsanitary condition may be discarded immediately. Weapons, drug paraphernalia, items appearing to be stolen and evidence of a crime may be retained as evidence by the city until an alternate method of disposal is determined. All personal property removed from the dwelling that is not disposed of or retained as evidence will be stored for at least 30 days and no more than 60 days.

Those who violate the ordinance will not be cited until a representative from the city has made an effort to connect the person to a service provider in the community and the interaction with a service provider is documented. It also will not apply where there is an imminent health or safety threat.

In supporting the ordinance, Merkouris urged the city not to implement the new ordinance by “sweeping” camps as that has “created serious friction” between law enforcement and the community in other cities, he said.

The goal is “this rule is enforced consistently and persistently,” he said. “Not just a one-time, quick little fix. … I trust our law enforcement community is going to use it in a well and respectful manner that’s going to help people in the long run.”

Council member Miranda Bayse was the lone opposing vote.

“When we talk about this conversation as being a tool and not a solution and a tool in the toolbox, what I’m continuing to struggle with is what is that process or what is the solution, and I don’t feel equipped to make a judgment call or support a tool for a process that I don’t understand … or that I don’t know what’s next,” she said. “What is our plan?”

Homelessness in the city “is not something where we know what the tools are that we need,” council member Curt Soehl responded.

“This is not a tool that’s going to complete the project, but it is a tool I believe we can use going forward.”