An urgency ordinance was enacted Tuesday by the Humboldt County Board of Supervisors that prohibits certain protest activities in an effort to address health and safety issues in front of the county courthouse.

The supervisors voted 4-1 in favor of the ordinance, with 3rd District Supervisor Mark Lovelace dissenting. Lovelace said he didn’t support certain items in the ordinance, such as restricting protests to certain hours and disallowing self-supportive structures like tables.

Though he voted against the ordinance, Lovelace said the supervisors are trying to make the courthouse inviting for everyone. He said the ordinance was spurred by the physical circumstances in front of the building and that it has nothing to do with limiting First Amendment rights or the rights of a certain group of people.

”There’s nothing in here that is about the subject of the protest,” Lovelace said.

The urgency ordinance, which went into effect immediately, restricts protest activities between 9:30 p.m. and 6 a.m. In addition, the ordinance prohibits people from erecting structures or securing items to county property. It prohibits camping on the courthouse grounds, storing personal property, obstructing access or interfering with the passage of others, littering on, damaging or defacing county property, letting non-service animals run loose, using or interfering with county water and electrical services, operating a food facility and urinating or defecating on the courthouse grounds — which the county counsel’s office said includes the parking lots across the street.

Forty-two people voiced their opinions about the ordinance during public comment. The majority were against the ordinance and wanted supervisors to instead focus on the needs of the homeless. Those in favor of the ordinance said they don’t have a problem with the Occupy group, but are tired of the constant garbage.

County Counsel Wendy Chaitin said the county has the right to maintain its property. She said the board also has the right to regulate protests in order to protect county property and people’s health and safety.

”Reasonable regulation as to the time, place and manner is constitutional,” Chaitin said.

County Interim Risk Manager Amy Nilsen gave a presentation to the board that featured photos of various health and safety concerns in front of the courthouse. The photos showed people urinating and defecating at the courthouse, defaced county signs, improvised kitchen set-ups, piles of debris, graffiti, tents and other structures.

”We’ve had a significant volume of fecal matter that has been in the parking lot,” Nilsen said.

County Public Works Director Tom Mattson said county staff are having to clean up the various messes, taking time away from their normal duties and putting their health in jeopardy.

”We’re spending an hour a day cleaning up,” Mattson said.

Numerous people showed up to the meeting to voice their opinions about the ordinance. Thirty middle school students were also in the audience as part of a school field trip. Pacific Union School teacher Jim Ritter brought the youth as part of the school’s elective PU Live Program, which focuses on leadership and career skills. He said it’s important for students to see local government in action.

”Today was great,” Ritter said. “It was a great way to integrate curriculum with real-world perspective.”

The students were able to hear a couple of presentations and about a dozen public comments on the urgency ordinance before having to return to school in Arcata.

Those against the ordinance said there are laws already in place to deal with issues like defecation, that the county should provide portable bathrooms and the real issue at hand are the needs of the homeless. Some Occupy members said it’s the homeless and mentally ill people at the courthouse that have created a problem, and they need help.

Arcata resident Dave Meserve said the ordinance is an attack on the Occupiers.

”It clearly targets one group over another,” Meserve said. “Please enforce the existing laws.”

Others said the ordinance’s wording is too loose and subjective to individual interpretation.

Richard Gilchrist, a member of Veterans for Peace Chapter 56, said the ordinance is very broad and punishes all protesters for the acts of a few.

”We can’t hold vigils at night,” Gilchrist said. “A couple people have screwed up, and you’re punishing the (whole) company.”

Most of those that spoke in favor of the ordinance said they’re not bothered by the Occupy Movement’s message, but do want the courthouse cleaned up.

Carlotta resident Ron Caldwell said he thinks what Occupy stands for is good. However, he said he doesn’t mind the chain-link fence around the grass and doesn’t want to be bothered by protesters.

”I want to be able to come here, do what I have to do and leave,” Caldwell said. “We don’t need to see the front yard turn into a mud bowl.”

McKinleyville resident Michael Rosen agreed. He said he’s tired of seeing trash and panhandling at the courthouse.

”I do have a problem with people making it difficult for me to come and go,” Rosen said.

Additionally, he said the occupiers are asking for things like portable bathrooms that the county shouldn’t have to pay for.

”You’re not a bank. You can’t afford to pay for everything they want,” Rosen said.

Second District Supervisor Clif Clendenen said he agrees with the intent of the Occupiers, but that the ordinance will help ensure everyone has an equal opportunity to protest at the courthouse.

”I feel like this is about free speech for all,” Clendenen said.

First District Supervisor Jimmy Smith said the urgency ordinance will likely be revised when a larger ordinance comes before the board sometime this summer. The supervisors directed county staff in January to work on drafting an ordinance that clarifies the proper use of county property as it relates to protests and assemblies.

Despite the urgency ordinance’s passage, interim Eureka Police Chief Murl Harpham said it won’t have any effect on what’s going on at the courthouse unless the police receive support from the county District Attorney’s Office.

”Don’t get optimistic about what’s going to happen,” Harpham said. “There’s been little prosecution.”

Harpham said 86 percent of the police department’s 215 arrests at the courthouse for code violations haven’t been filed or have been dismissed by the DA’s Office. He said his officers are no longer bothering to enforce laws at the courthouse.

County Assistant District Attorney Kelly Neel said some portions of the newly-passed ordinance will help the DA’s Office more effectively prosecute cases. She said it can be difficult to try cases because they have to prove beyond a reasonable doubt that a crime was committed. She said law enforcement officials can simply arrest someone based on probable cause.

BOX:

Humboldt supervisors to defend HumCPR lawsuit

The Humboldt County Board of Supervisors reported out of closed session Tuesday, stating that they unanimously voted to defend the county against a lawsuit filed last week.

The Humboldt Coalition for Property Rights, or HumCPR, filed the suit, accusing the county of being unwilling to comply with a California Public Records Act request made three months ago. The request asked for an accounting of money spent on both in-house and private attorneys’ fees spent defending the county or pursuing lawsuits about land use and private property issues.

Staff Writer Grant Scott-GoForth contributed to this report.

Megan Hansen can be reached at 441-0511 or mhansen@

times-standard.com.