Broken Arrow OK’s ordinance targeting illegal encampments

Written By: John Dobberstein

(BROKEN ARROW, Okla.) Although homelessness continues to be an intractable problem in Tulsa County, Broken Arrow city officials are taking a tougher stance on trespassing and illegal campsites in the city.

Read this story on Broken Arrow Sentinel here.

The City Council unanimously approved an ordinance Tuesday that clarifies homeless camps on private property are illegal without permission from the property owner. The measure will, effectively, make it easier for Broken Arrow police to enforce the city’s trespassing ordinance.

City Attorney Trevor Dennis said police have dealt with several circumstances where they tried to track down the property owner where camping was taking place, but they may be out of town or it’s an undeveloped property. “So a person who is on the property must show us they have permission to be there,” he said.

The ordinance outlines a procedure for enforcement of the prohibition against encampments, with a required prior written warning and notice of the illegal encampment, along with a reasonable time for campers to comply with the warning and notice.

The written warning required may be accompanied by written information regarding the availability of medical treatment, mental health treatment, drug or alcohol addiction services, or general social services — including temporary shelter, other housing services, and other services that might be available.

Broken Arrow Police Chief Lance Arnold said the ordinance doesn’t change property owner rights but allows officers to address situation with encampments more quickly and directly.

“Someone will set up a campsite in area like that, and we get complaints. With the process we go through now there’s no remediation for adjacent property owners. And there tends to be unlawful accumulation, biohazard issues and unsightly and unruly things that can become a public safety hazard,” Arnold said.

“This is not an ordinance criminalizing homelessness. Before we can bring criminal charges we have to give them opportunity to remove themselves from someone’s property and give them the resources to do so.”

The challenges caused by homelessness don’t show any signs of slowing down soon, said Mark Smith, CEO of Housing Solutions Tulsa, an organization that works with local governments, healthcare providers, treatment centers and other service providers to help homeless individuals find more permanent housing and assistance.

Last January, HST did a count of shelters across the metro area — from Skiatook to Sapulpa to Broken Arrow and elsewhere — and counted 1,449 individuals in need, Smith told the City Council.

For the 2023-24 school year there were more than 700 students from the Broken Arrow Public Schools having challenges with housing instability, meaning they were either homeless or did not have a regular place to sleep at night. (See our article about how the Broken Arrow Public Schools was addressing this.)

Calls in July from Broken Arrow families in need of rent and utility assistance totaled more than $23,000 in requests, he said, adding that the average rent in Broken Arrow has increased by 40% in the last 5.5 years, “and most households aren’t making 40% more in their paycheck.

“Many households in Broken Arrow are struggling to make ends meet,” Smith said. “We don’t always have a place for people to go. We have 560 beds across the county, and 594 of them were filled in July. Most shelters were opening more beds in hallways and offices.”

Smith said he wants to offer resources to the city of Broken Arrow, which City Councilors agreed would be a good idea.

“Sometimes folks can’t help it, and other times it’s what people prefer,” said Ward 3 City Council member Justin Green said. “When there are resources available, it’s great.”