Enforcement begins for controversial ordinance to reduce encampments along South Bay waterways

SAN JOSE, Calif. (KGO) -- In Santa Clara County, enforcement started Thursday for a controversial Valley Water ordinance that passed in November.

Its aim is to reduce encampments near local waterways. Valley Water said factors like ecological and safety issues led to the passing of the Water Resources Protection Zones Ordinance.

"It's a law that our board has passed that prohibits encampments on Valley Water property along waterways," said Mark Bilski, assistant officer of Valley Water.

Valley Water says it will enforce it based on what they consider high and low priority level encampments.

"High priority is one that's creating impacts that Valley Water has to address immediately, the most egregious environmental or safety impacts," Bilski said.

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Valley Water said enforcement would include a warning and education first, with 72 hours to voluntarily relocate. The next step would be a misdemeanor charge, with a fine or jail time as punishment -- something Valley Water said would be a last resort.

"The intention of the ordinance is not to result in criminalization," Bilski said, "I think it would be a very successful deployment if it doesn't result in any criminalization at all."

Advocates of the unhoused raised concerns before the ordinance passed, saying that it doesn't create a long-term solution and that any criminalization should be taken out of the picture.

"It's the environment over the lives of our senior citizens, because you are pushing them into nothing," said Shaunn Cartwright with the Unhoused Response Group. "So it's great that we have streams that are beautiful and clear for nobody to enjoy because they're dead."

Other advocates say the only option that could work for everyone is providing more places for the unhoused to go.

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"If we provide housing for people, we can have completely clean creeks," said Sandy Perry with CHAM Deliverance Ministry.

Valley Water said it plans to work with nonprofits to help provide education to those living along the waterways. But nearly a dozen nonprofits, have signed a letter to Valley Water saying they won't participate, including Unhoused Response Group and CHAM Deliverance Ministry.

Still, some unhoused living along the waterways say they have gotten the message and are weighing their options.

"I would take the opportunity of housing, some type of shelter," said Michael Walsh who lives in an encampment. "Something better than what we're in now."

Throughout the year, Valley Water said it will be ramping up the enforcement slowly and will be reporting its progress after one year.