Berkeley eyes ban on sitting on sidewalks

A young woman and man pass time at their campsite in the plaza at Shattuck Avenue and Center Street in Berkeley. A young woman and man pass time at their campsite in the plaza at Shattuck Avenue and Center Street in Berkeley. Photo: Sarah Rice, Special To The Chronicle Photo: Sarah Rice, Special To The Chronicle Image 1 of / 14 Caption Close Berkeley eyes ban on sitting on sidewalks 1 / 14 Back to Gallery

Berkeley, among the most generous cities in the country in funding homeless services, is considering a daytime ban on sitting on the sidewalk in all commercial areas.

The City Council on Tuesday night is slated to vote to direct the city attorney to write a ballot measure, similar to San Francisco's sit-lie ordinance, that would prohibit sitting on the sidewalk from 7 a.m. to 10 p.m.

Violators would be warned twice and then receive a $50 citation or be required to perform community service.

"Berkeley is a very compassionate community. The least we can do is ask people to respect our city and abide by the rules," said Mayor Tom Bates, who proposed the idea. "We want to make Berkeley a more comfortable place for everyone."

Berkeley has long been a draw for homeless people, thanks in part to its plethora of social services and residents' generally tolerant attitudes. More than 40 percent of Alameda County's homeless population lives in Berkeley, even though the city represents only 7 percent of the county's population, according to a recent study.

But some merchants, residents and visitors have complained that homeless encampments block the sidewalk, are a nuisance and can be menacing.

In 2007, the council adopted a package of measures intended to clean up the streets, particularly Shattuck and Telegraph avenues. The initiative included public restrooms, housing, benefits counseling, smoking restrictions, benches and other steps to discourage loitering in commercial areas.

Bates' proposal takes the 2007 package a step further. The city currently prohibits lying on the sidewalk, but police and city officials said the law is ineffective because people sit up when officers walk by, then lie down again.

Berkeley's proposal is similar to laws recently passed in Santa Monica, Seattle, Santa Cruz and San Francisco, which ban sitting and lying on the sidewalk from 6 a.m. to 10 p.m. throughout the city, except parks and playgrounds.

The Berkeley proposal is strongly opposed by advocates for homeless people, who staged a protest on the City Hall steps Monday.

The proposal penalizes homeless people instead of helping them, they said. In addition, the $26,000 the city will spend to draft the measure and place it on the ballot would be better spent on shelter beds, drop-in centers for homeless youth and other services.

"In the worst economy in 80 years, why not focus our energy and funding in positive ways?" said Sally Hindman, who runs an art program for homeless youths. "We need to be a lot wiser in the way we're using scarce resources."

City Councilman Kriss Worthington said sit-lie ordinances actually hurt businesses because they prompt boycotts.

"To me, it's absurd," he said. "We're spending all this energy on this and it's not going to solve the problem. It'll just make things worse."

Homeless people sitting at Constitution Square, at Shattuck Avenue and Center Street, said they would be undeterred by the measure.

"I'd defy it. I'm going to sit on the sidewalk right where they can see me," said a homeless man who identified himself as Wingnut Pat, 21. "If I need to, I'll sleep on their porches. I'll sleep on the roof of McDonald's. They can take me to jail, I don't care."

If the council approves the proposal, the city attorney has until July 10 to return with a ballot measure, which the council must OK before sending it to the county clerk for the Nov. 6 ballot.