Deemed a “public nuisance,” the homeless individuals regularly sleeping on the benches at the downtown community centre have been issued a bylaw notice by the Town of Newmarket to move on.
“No way am I going to let my people be arrested for sleeping here,” said Andrew Gould, an advocate for the homeless in Newmarket, following a visit from York Regional Police Friday, Aug. 28.
“We’re not moving. There’s just no place for us to go,” he told NewmarketToday.
Notices dated Aug. 26 are posted on the exterior walls by the public washrooms at the community centre at Riverwalk Commons.
Issued by bylaw enforcement and property standards officer Nathan Irvine, and addressed to Anonymous, they state, “It has come to the attention of the Town of Newmarket that you are residing at 200 Doug Duncan Drive Community Centre so as to be a public nuisance which may annoy or disturb persons, contrary to Town of Newmarket bylaw 1997-113.”
“No person shall loiter or create a disturbance or public nuisance upon or within a public place within the Town of Newmarket,” according to the bylaw.
York Regional Police officers told him they would arrest anyone found sleeping there for trespassing, said Gould, who added he regularly visits the town’s homeless to provide outreach and bring them meals.
“Nobody has given us any options. They’re giving us (phone) numbers for shelters, but the shelters are full — and they’re not safe.”
“Nobody is helping us out,” Gould added. “They’re just coming here and being antagonistic.”
The individuals will not be arrested or ticketed, and have been provided time to relocate, according to Flynn Scott, manager of regulatory services at the Town of Newmarket.
“We’re really pushing education and voluntary compliance,” he said. “We don’t want to arrest anyone, we don’t want to ticket anyone.”
“The intent of posting that notice is really just to provide that further education to any individuals that we might not have come into contact with.”
Complaints from the public — 10 formal complaints directly relate to the homeless at Riverwalk Commons — have increased this summer, he acknowledged.
According to Gould, the notice from the town is likely in response to a recent incident in which a man — who was not one of the men who regularly sleep at the community centre — was bathing naked in the splash pad.
Scott confirmed complaints were received regarding the incident.
“I don’t want to go too much into the negative of the types of calls,” he said, “but there are some immediate health and safety concerns in the calls, it’s not just that somebody is asleep or has items down at Riverwalk Commons.”
Complaints have been “serious in nature”, including concerns about washroom protocol and bathing in the splash pad, which has required bylaw officers to respond, Scott said.
“We’ve been monitoring (and) controlling proactively in conjunction with YRP throughout the summer. We have been taking an education-first approach and we will continue to do so,” he said.
Scott said the town has been working closely with its “community stakeholders,” including York Region Outreach, Inn From the Cold and police, to provide assistance to individuals experiencing homelessness and connect them with agencies able to provide temporary accommodation.
“The biggest issue that we’re trying to focus on is really just recognizing that we need a long-term solution and Riverwalk Commons really isn’t a suitable location for any person experiencing homelessness. It’s not equipped with adequate or even necessary resources to assist these individuals.”
Homelessness is a growing challenge for municipalities across the country, Scott said, and the town is “working behind the scenes to come up with a solution rather than just saying ‘get out.’"
The COVID-19 pandemic has accelerated the trend that has seen homeless individuals gathering and sleeping in public spaces over the last two years, said Newmarket Mayor John Taylor, who chairs Housing York, which operates York Region’s affordable and subsidized housing units.
“It’s definitely a challenge,” Taylor said. “We’ve got to find a balance between compassion and understanding, and also making sure public spaces are (safe) for everybody to use.”
Public complaints have increased, he said, and there is a growing concern among merchants in the downtown area.
The town is planning a virtual event, in partnership with the BIA, to create awareness and explore what actions the community can take toward a solution, he said.
“We’ve got to continue to work at some of the root causes of homelessness, which are related to mental health and addictions, and (lack of) affordable housing.”
He said he's encouraged by the growing awareness of the necessity for longer term solutions for affordable housing at all levels of government.
Housing York will seek the endorsement of York Region council for an “ambitious” plan to double the number of new affordable housing units annually, he said.
Also, he will be seeking additional funding from the region for the year-long operation of Inn From the Cold, Newmarket’s homeless shelter, which is currently only providing meals and a drop-in program with additional pandemic emergency funding.
“It’s perfectly suited to house people and help people who are currently in public spaces and the door is locked,” he said of the program that is funded for shelter spaces during the winter only.
In the meantime, space is available in shelters across the region, he said, however, he’s aware some individuals are not comfortable staying in shelters, particularly during the COVID-19 pandemic.
“These individuals are members of our community,” Taylor said, “but it’s understandable that we can’t have people setting up camps and being permanent residents of our public spaces — everybody knows that’s not the answer.”
