It Helps to Know the Law
City of Manchester
Ticketing the homeless for city ordinances is a common occurrence all across America.
The criminalization of homeless people for doing things in public that they would normally do in their “traditional home” if they had one, does not address root causes.
It does not create housing opportunities, often it makes acquiring housing even more difficult.
In NH this issue is also one that we battle with as we are forced to advocate for people to live on the street as their civil right even while we work to get them off the streets. Here is one example:
Recently a homeless woman was given a ticket for public drinking. This occurred in her “home” a place where she resided every night.
Her home is not in public view.
It is not a park or playground.
It is not a street or alley.
There was no one else around to see her having a beer other than her boyfriend who also resided in the home
The community police decided that she should be ticketed after they entered “her home”.
The woman didn’t know she had any rights and went to court, later she spent 20 days in jail, I presume it was for non-payment of the fine, which she couldn’t afford to pay. After she did her time she was released back to her home.
Some of you might say," well she must be an alcoholic is she is homeless and drinking". But how many of you haven’t ever had a beer in your home after a long hard day. As far as I know it is a still a legal substance. And while you are sitting in the seat of judgment, which comes first alcoholism or living on the streets because you can’t afford the high rent and then drinking because you are set adrift from mainstream society? How long would you survive without something to help you sleep at night if you were forced to live without a home?
Whether she is alcoholic or not, serving jail time did not address that issue, if it is an issue for her. Yet it cost more money to process her through the police department the courts and the county jail than it may have to get her into a rooming house or other small apartment that she might be able to afford.
The other issue, this type of case has been challenged in other states as to prove that she is not guilty of public drinking. It would be the same if a cop came into your home without permission and gave you a ticket. The only difference is that you have house keys and she doesn’t. The dilemma: Do homeless people have the same basic civil rights as the rest of the population? Could she have fought the case and won?
130.24 PUBLIC DRINKING.
No person shall drink alcoholic beverages at any time on public
streets and sidewalks or public school buildings and grounds.
Other Laws
OFFENSES AGAINST PROPERTY
130.36 INJURING PLANTS.
(A) No person shall wantonly injure any trees, shrubs, or bushes
growing in any garden, field, or yard.
(B) No person shall wantonly or willfully destroy shrubbery, pull up,
bend or mar growing trees or otherwise injure or cause to be injured any
shrubs, flowers, or trees on city property or maintained by the city,
or shall wantonly or willfully damage or deface any other property of the
city or of any department thereof.
LITTERING
130.50 DEPOSIT OF LITTER
.
(A) No one shall deposit in, or sweep into, any gutter, street, alley, sewer, or other public place any accumulation of litter from any building, lot, or public or private sidewalk, or driveway.
(B) No one shall deposit, throw, or sweep any litter in any place or manner that would allow the elements to carry or move it to any street, sidewalk, alley, sewer, or other public place or any occupied premises.
(C) No litter shall be deposited or thrown upon any street, sidewalk, or other public place except in public receptacles, authorized private receptacles, or an official city waste disposal facility.
(D) Litter placed in public receptacles or authorized private receptacles
shall be deposited so
130.55 LITTER IN PARKS.
No litter shall be deposited on, or thrown to, the ground of any city
park. All litter shall be properly disposed of in a receptacle
provided
for that purpose. Should there be no receptacle, or should all of the
receptacles be full, the person responsible for the litter shall
properly
dispose of it elsewhere as to prevent it from being moved by the elements to any street,
sidewalk, other public place or private property.
130.57 POSTING NOTICES.
No one shall post or affix any notice, poster, or other paper or device calculated to attract the attention of the public on any structure, lamppost, public utility pole, or tree except as permitted or required by law.
130.01 PUBLIC LOUNGING OR SLEEPING.
(A) No person shall lounge or sleep in or upon any of the commons or
squares of the city.
(B) No person or persons shall sit, stand, or lounge in or about the
doors or passageways to any store, office, shop, dwelling house, or
other
tenement except the owners or tenants thereof, after having been
requested by the owner or occupant, or any police officer or
watchman, to
depart therefrom.
130.02 OBSTRUCTING PASSAGEWAYS.
Three or more persons shall not stand in a group, or near each other,
on
any foot or sidewalk, so as to obstruct a free passage for foot
passengers, and any person or persons obstructing the foot or
sidewalks
shall move on immediately after a request made by any police officer
or watchman.
130.99 PENALTY.
Any person who shall violate any of the provisions of this chapter for
which no penalty is otherwise provided shall be subject to a fine not
exceeding the maximum allowed by R.S.A. 47:17 or other law.