DeLand, Fla. — The DeLand city commission voted unanimously to move forward with implementing a set of ordinances to address the growing population of people experiencing homelessness in the city.

What You Need To Know

  • Between 2022 and 2023 the City of DeLand experienced a 17% increase in their homeless population, according to the Neighborhood Center of West Volusia

  • Monday night city commissioners hosted a second reading of a set of ordinances that aimed to address the homelessness problems in the city

  • The first ordinance will prevent camping in public property, the second one will prevent people from lying on public sidewalks, alleyways and benches and the third one will prevent storage of personal belongings in public property

  • The ordinances will go into effect immediately

One of the ordinances will prevent camping in public property, the second one will prevent people from lying on public sidewalks, alleyways and benches, and the third one will prevent storage of personal belongings on public property.

“We’ve had a lot of businesses; we’ve had a lot of residents reach out to us. And there is this perception that, you know, things aren’t as safe right now with our homeless population growing within our city,” DeLand’s Community Information Manager, Chris Graham, said. “This ordinance comes out of a place of compassion, (…) we don’t want to see people homeless. We don’t want to see them on the streets subjected to harsh conditions. Really, our hope is to connect them with the resources that are available to them.”

Graham says the city has been working to address homelessness since 2020, when they opened up The Bridge, a program at the Neighborhood Center of Volusia County that offers temporary housing for those struggling with homelessness.

However, between 2022 and 2023 the City of DeLand experienced a 17% increase in their homeless population, according to the Neighborhood Center of West Volusia. City officials say some of these individuals that reside in downtown and other areas of DeLand refuse to go to the Bridge or First Step Shelter where they can be helped, and the conditions under which they live on the streets are unsafe.  

On Jan. 17, the City Commission approved on first reading amending the Code of Ordinances to prohibit camping on public property, lying on public sidewalks, alleyways and benches and to prevent storage of personal belongings in public property.

On Monday night, the city hosted a second reading of the three ordinances. They all passed.

Ordinance No. 2024-02 will prohibit camping on public property. The ordinance defines camping as setting up any sort of camp, regardless of how rudimentary, and to include activities such as sleeping with a sleeping bag, in or on cardboard, or the like. Federal and state law is clear that a city cannot outlaw homelessness. In order to prevent camping on public property, there must be an available shelter or other place to which a homeless person can go and at which they may sleep safely.

The city says this ordinance prohibits camping on public property while preserving the constitutional rights of homeless individuals in light of the existing case law.

City officials say they’ve been working on an agreement with First Step Shelter to provide the additional space needed, which will cost the city around $70,000 annually.

According to the city, DeLand’s Police Chief has created a new Zone 6 for downtown to help with the enforcement of this ordinance.

Another ordinance passed Monday was Ordinance No. 2024-03 that will prohibit unlawful storage of personal property in public property. City officials say there has been a proliferation of items, primarily appearing to belong to homeless people within the city, being stored or left on public property, especially on sidewalks, rights-of-way and parks.

The city has a code provision related to unattended personal property, and they have been enforcing that code provision by collecting the unattended items and storing or disposing of the items in accordance with the ordinance and state law. However, oftentimes the items are not unattended, and an ordinance was needed to allow the city to remove the items while respecting the rights of individuals and complying with constitutional protections.

With this ordinance, the city will give notice to the person stating that personal property cannot be stored on public property, other than by lawful permit, and will allow for the removal of the stored property by the city if it is not moved.

Lastly, Ordinance No. 2024-04 will prohibit sleeping or lying down on sidewalks, alleys, rights-of-way and benches located on public sidewalks.

City officials say there’s an issue that is created by people sitting or lying on sidewalks, saying they block or impede the flow of persons attempting to use the sidewalk or other public rights-of-way. This ordinance will repeal the existing ordinance regarding this topic and replace it with a prohibition against lying down on sidewalks, alleys and other rights-of-way at any time. It also includes a prohibition against a person sitting on the sidewalk or right-of-way if it blocks its use. The ordinance will have logical exceptions, including an exception for people sitting on a sidewalk to watch parades.

Graham says this set of ordinances will not be an overnight solution to the issue because it will take months of steady enforcement and cooperation from all the parties involved. “I don’t think people will see a drastic change overnight. I mean, our officers are hopefully going to be building rapport with our homeless individuals and really, you know, make them aware that this ordinance is passed,” Graham said.

In addition to these ordinances, Graham says the city is working with the state attorney’s office on a jail diversion program.

“So, if a homeless individual were charged with a misdemeanor, perhaps under this ordinance or another ordinance, that they would have a chance to get mental health counseling instead of going to going to jail,” he said.

The city ordinances go into effect immediately.