WATCH: BNSF, city officials work to clear homeless camp in south Topeka
26 July 2023
TOPEKA (KSNT) – A local official is taking the next step in restricting homelessness in the Capital City with a new resolution.
KSNT 27 News spoke with Shawnee County Commissioner Bill Riphahn about a resolution being drafted that could make it harder for individuals to camp in city parks and trails. Riphahn said his office is “getting close to a finished product” with the resolution. An introduction date for discussion amongst the commissioners on the resolution is currently on the table this month.
If passed, the resolution could impact Topeka’s homeless population by forcing them into other areas of the city and/or county.
Homelessness In Topeka
Homelessness in the Capital City is an ongoing topic of conversation. A Point in Time Homeless County survey completed by the City of Topeka earlier this year showed that the local homeless population is growing and at its highest since 2020. More than 400 people were reportedly experiencing homelessness in Topeka as of this report.
Residents of Topeka recently aired their grievances to KSNT 27 News regarding homelessness after finding a camp occupied by a homeless couple in their neighborhood. More Topeka homeowners weighed in as other camps sprang up in different parts of the city over the summer. City leaders and Topeka’s chief of police later weighed-in on the situation.
Topeka’s City Council, alongside local citizens and business owners and the Topeka Rescue Mission (TRM) have recently held discussions on the topic of homelessness. Both Shawnee County Commissioner Kevin Cook and the City of Topeka have also fielded proposals for dealing with homelessness earlier this month. The city has also heard feedback from a consulting group on how to handle homelessness in Topeka.
Where Is Camping Allowed In Topeka?
Camping within the City of Topeka is regulated by Topeka Municipal Code and the Shawnee County, Kansas Code with municipal code applying to city property and Shawnee County code applying to the county’s property. Both dictate where camping would be considered a prohibited activity within the bounds of the county and/or the city.
“Sec. 21-66. Camping In The Parks.
Camping is prohibited except in the areas designated as public camping areas by
Shawnee County Parks and Recreation officials.
(Code 2012; History: Res. 2004-35, § 1.15; amended by Res. 2005-30, § 1.15; amended by Res.
2005-189, § 1.15, amended by Res. 2011-170)”
Shawnee County, Kansas Code excerpt, pg. 244
Shawnee County Park Police Chief Michael Cope told KSNT 27 News that the park police will, upon receiving a complaint of a homeless camp, attempt to make contact with those living there and inform them they have to move. Those living in the camp are given up to 48 hours to move their belongings depending on how many items are in the camp.
Cope said if the individuals living at the camp do not vacate the area during the time they are given by park police, they can be charged for criminal trespass. After the individuals are removed from the area, or if park police aren’t able to make contact with them in two days, their belongings are typically thrown away.
The City of Topeka ordinance regulating camping is comparatively larger and more thorough with four pages dedicated to describing what constitutes unlawful camping. It describes how camping on or under structures like bus shelters, bridges, overpasses and flood control works endanger city infrastructure due to fires, obstructions and the accumulation of personal property.
Camping is described as unlawful by the city ordinance, specifically, in the following areas:
Public infrastructure
Within 10 feet of any doorway, loading dock, stairway or fire escape
Within an area bounded by Topeka Boulevard from SW 10th Avenue to NW Crane Street; Madison Street from SE 10th Avenue to NE Crane Street; Crane Street from Topeka Boulevard to NE Madison Street; and 10th Avenue from Topeka Boulevard to SE Madison Street; and
Within an area bounded by Topeka Boulevard from NW Curtis Street to NE Quincy Street; NE Quincy Street from NE Curtis Street to NE Morse Street; NE Morse Street from NE Quincy Street to NW Topeka Boulevard; and Curtis Street from NE Quincy Street to NW Topeka Boulevard. (Ord. 20224 § 3, 12-3-19.)
Violating this city ordinance is classified as a misdemeanor crime with a conviction resulting in a sentence up to $499 and/or imprisonment not to exceed 30 days. You can read through the full city ordinance on camping below:
Article III of Chapter 9.45 TMC by Matthew Self on Scribd
The New Resolution
Riphahn told KSNT 27 News the resolution being drafted now will “give law enforcement more teeth” when dealing with the homeless occupying parts of the city’s parks and trails. At its core, the resolution will add more detail to the Shawnee County, Kansas Code section on camping; especially in the areas concerning the removal of individuals from parks and trails and what to do with their personal belongings.
“A lot of people might say we already have the laws on the books, but nowadays you need to spell things out a lot more clearly,” Riphahn said. “The more you can define it [camping ordinance] and spell it out, the better off everyone will be.”
If adopted, the resolution will more clearly define what camping is and detail what is to be done with the belongings found at homeless camps. Riphahn said this will help reduce the amount of trash seen in city parks and trails and give law enforcement more legal standing when removing homeless from places maintained by parks and recreation.
“The other thing I’ve noticed is their [homeless] encampments are terribly junky,” Riphahn said. “They just throw trash everywhere, they don’t pick anything up and they’re an eyesore and we want our parks looking clean. Parks are all about aesthetics. If they don’t look good, people don’t want to use them. It reflects poorly on us.”
Riphahn also said he worries about bad interactions between homeless individuals and people using parks and trails in the city. He said his office has received reports in the past of people being bitten by dogs owned by homeless individuals or being harassed by the homeless directly.
“We need to get them all out of the Shunga, all the trails,” Riphahn said. “I want all these people cleared out of there and out of our parks so people can use them and enjoy them without fear. Fear of getting bitten by one of their dogs or getting harassed by these people or even worse.”
Cope said the park police usually receive at least one or two calls a week about homeless camps from local citizens. He said many calls concern people on the Shunga Trail. However, park police authority extends only 10 feet to either side of the trail in most places, with many homeless occupying city-owned property or private property.
Riphahn attributes the growing number of homeless on Topeka’s streets to the closing of the Topeka State Hospital. This institution was founded in 1872 and closed in 1997, according to the Kansas Historical Society (KHS). It primarily focused on providing treatment for the mentally ill. The closing of the state hospital resulted in the loss of a home for the mentally ill who are instead living as homeless in Topeka.
“How much of that population would’ve gone to the state hospital, had it still been operating?,” Riphahn said. “How many of them [the homeless] would be in an institution like that? Probably a lot.”
When asked where he thinks the homeless will move to if the new resolution passes, Riphahn said he suspects many will go to the river, railroad property or wind up in jail. The area along the river in Topeka is already home to several encampments as evidenced by a map released by the City of Topeka. The map below, dated July 17, 2023, shows the locations of many homeless camps (marked red on the map) occupying city property (marked blue on the map).
Riphahn said he plans to introduce the new resolution during the next Shawnee County Board of Commissioners meeting at 9 a.m. on Thursday, July 27. He said he wants input from every commissioner on the resolution to get the ball rolling on it.