Dear Editor,
This is an open letter to Fairfax Mayor Cutrano and Council Members Coler, Hellman, Ackerman and Blash:
I would like to express my concern about the growing homeless encampments in Fairfax. Here are some photos from Fairfax’s encampment at Peri Park taken on Sunday, 7/30/23, complete with decor items hung from the trees. Another resident observed a female camper who created a bedroom and was sleeping on a mattress near the Bocce Ball courts in Peri Park.
Due to the violent crimes being committed in homeless encampments throughout Marin County, new regulatory city ordinances for San Rafael and Novato will be in effect on 8/16 and will result in the displacement of a significant number of homeless campers. We can expect those displaced campers to migrate throughout the hills and public lands of Fairfax. (See Marin IJ article below.)
This problem is not new. When my son was a student, homeless campers from the hills of Fairfax visited and defecated in the hallways of public and private elementary schools during school hours.
The safety of children using Peri Park should be a top priority for the Fairfax Town Council.
Kids play in Fairfax Creek. Residents have found human feces next to the creek and in surrounding areas.
There is major erosion occurring on Pavilion Hill. At any time, the hill could give way and send the campers into the creek. The urban campers need to be moved for their own safety as Fairfax will be held liable should Pavilion Hill slide into Fairfax Creek.
Fairfax has passed several laws, one which prohibits the use of the Peri Park between sunset and sunrise without permission of the Town Clerk (see below). There is also a no smoking, vaping, or alcohol law posted at the various entrances to Peri Park. Has the Town Clerk, or designee, as provided in § 12.36.030, given permission to the urban campers to camp in Peri Park? I would like an answer to this question.
§ 12.36.020 NIGHTTIME USE; PERMISSION OF TOWN CLERK, OR DESIGNEE, REQUIRED.
It is unlawful for any person, except town employees on duty, to go into, walk upon, be in or use the town parks, playgrounds, public tennis courts and Central Ballfield between the hours of sunset and sunrise each day without permission issued by the Town Clerk, or designee, as provided in § 12.36.030.
(Ord. 746, passed 10-7-2009)
There is a legal interpretation of Martin v. Boise that permits nighttime sleeping on public property but not daytime sleeping or camping in restricted areas. Peri Park is a restricted area.
I would like to request that the Fairfax Town Council post all laws relating to park use and start enforcing the local Municipal Codes relating to Peri Park, including no camping, no smoking, no vaping, no alcohol, as well as the California Dept. of Fish and Wildlife codes relating to waterway pollution and any laws relating to sanitation.
This State-wide problem should not fall on the shoulders of local municipalities who do not have the resources or infrastructure to provide housing for the unhoused. By not enforcing your own Municipal Codes, you are essentially inviting more illegal campers to set up permanent residences in Fairfax parks and public lands.
Please stop harming our town with short-sighted solutions.
Thank you,
Teliha Draheim
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