Vagrants vex local police
October 11, 1988
Complaints about people frightening business customers by drinking and loafing in front of downtown stores prompted the DeKalb City Council to ask for revision of the ordinance pertaining to vagrants.
At its Oct. 10 meeting, the council asked DeKalb City Attorney Ronald Matekaitis to suggest revisions for Chapter 52 of the Municipal Code. Matekaitis will present his recommendations in the form of an ordinance during the next council meeting on Oct. 24.
Language in the existing ordinance is vague, which creates a problem for DeKalb police, Matekaitis said. Terms such as “annoyance” are not clearly defined, making law enforcement difficult.
“You can’t arrest someone because he is poverty-stricken,” Matekaitis said. “But if he obstructs traffic, then the action can be penalized.”
Fourth Ward Alderman Rita Tewskbury, along with a couple of members in the Greater DeKalb Partnership, suggested strengthening the ordinances pertaining to vagrants in an effort to enhance business and the downtown environment. Tewksbury said about three vagrants continually pose a nuisance because they linger in front of the Home Federal Savings and Loan of Elgin, 309 E. Lincoln Hwy., where she works. When people see the vagrants standing in front of businesses or near intersections, it deters customers, she said.
“We have two or three vagrants who do nothing but sit on Main Street on our planters, drink and get bombed out of their minds and fall asleep on benches,” Tewksbury said. “The city and police have been blamed. We need something to put them (vagrants) in jail.”
Although police have received complaints about vagrants in the downtown area, they cannot make arrests unless they actually see a crime in progress or if the caller signs a complaint saying he witnessed a crime.
“The biggest problem is someone will call us because they see something, (and when) the officer gets there, there is no alleged violation,” said Lt. Operations Commander Charles Beierlotzer. “(If the caller does not sign a complaint,) our hands are tied because we do not see the violation.”
Lance Hansen, owner of Lansirs on Lincoln, 112 E. Lincoln Hwy., said he has experienced problems with people drinking excessively near his business. However, he said most of his problems involve college students instead of vagrants.
“There is a problem, and it is not always the college students, when you have broken beer bottles on the streets and guys urinating and vomiting in the doorways,” Hansen said. “It is all part of the same problem. It should not have to be tolerated.”
If arrested, vagrants receive a mini-complaint form, are released and receive a notice to appear in court, Beierlotzer said. “You cannot detain (place a vagrant in jail) for lack of bail,” he said.