Aurora city councilmembers passed an initial vote on an ordinance Monday night that gets rid of the requirement to provide shelter options and a 72-hour notice before abating homeless encampments.

The ordinance, which was passed through a study session two weeks ago and will need a final vote in the next meeting, prevailed with three ‘no’ votes from councilmembers Alison Coombs, Ruben Medina and Crystal Murillo.

Currently, city code reads that “no city employee authorized to issue a citation shall issue a citation, make an arrest, or otherwise enforce this section against a person camping on public property unless the city has a shelter option available for the person ordered to move from the camp and the person has been offered placement in the shelter option.”

The new ordinance states that “having a shelter option … is preferred before the city abates an unauthorized camp but is not a prerequisite that will prevent the abatement of an unauthorized camp.”

City code also states that “no unauthorized camp will be abated until a minimum of 72 hours’ notice.”

The minimum time’s notice section is removed in the new ordinance. 

The ordinance follows a Supreme Court ruling that the Eighth Amendment’s cruel and unusual punishment clause does not prohibit the enforcement of an ordinance prohibiting camping on public property, according to the ordinance language.

The ruling allowed the city to treat violations of the camping ban as they would treat any unlawful act, city documents state.

Councilmember Steve Sundberg, who sponsored the ordinance, said the ordinance is a tool for public safety and helping homeless people.

“This is not meant to be punitive,” Sundberg said. “Our ultimate goal is to provide them with options to see that they accept services and hopefully get into a life of good decisions and recovery.”

Sometimes, Sundberg said, officials “need to clear an encampment faster than normal” for the sake of safety. The ordinance would allow that to happen, he said, adding that it would also “align well” with the city’s approach to homelessness. 

Councilmember Coombs said forcing people into recovery and not offering them housing options does not work.

“I can appreciate the intent is to help, however, I think that it’s pretty well known that recovery by force is not effective,” Coombs said. “What this ends up doing is indeed being punitive, whether that’s the intention or not.”

The ordinance would result in people going to jail and losing their belongings, she said, which continues the cycle of homelessness.

The initial passage of the ordinance adds to a growing list of new and changed efforts Aurora is taking to tackle homelessness in the city, an approach the mayor and city officials have called “tough love.”

Aurora’s 2024 point in time homelessness count, which happened in January, found 697 homeless people. That was 125 more than the year before.

Over the last year, Aurora officials have passed laws to crack down on homeless encampments while establishing a new court — called the HEART court — to address low-level offenses by homeless people.

The city is also working on developing its homeless navigation campus, which will be a “one-stop shop” for homeless services. Aurora bought a former hotel in late May for $26.5 million to serve as the navigation campus, which will be operated by Advance, Inc.

The city’s proposed 2025 budget includes $5.9 million to address homelessness, including funding for the navigation campus. Another $220,000 will go toward the HEART court through the city’s judicial budget.