Following weeks of resident feedback, the Yorkville City Council is prepared to make changes to its ordinance that gives the city the right to fine and or arrest homeless people who camp out on city streets and on public and private property.

The amended ordinance is expected to be voted on at the next city council meeting in October. No alderman has spoken in favor of full repeal, even though several residents have called for one.

The ordinance currently bans public camping, with escalating fines eventually leading to possible incarceration if the individual does not comply.

In a presentation at the Sept. 23 meeting, Yorkville Police Chief James Jensen said the goal of the ordinance is to urge homeless individuals to accept social services being offered to them.

“It is up to us to make sure we provide assistance to everyone when assistance is needed,” Jensen said. “Everyone needs to understand that our parks are meant for everyone to enjoy. They’re not designated to be a home. We can provide guidance and support to (individuals) when they choose to accept it from us.”

The police department said since 2021 it has responded to 138 incidents regarding homeless individuals, with 67 incidents already in 2025. The incidents often involve trespassing, with some including disorderly conduct. Resident Mary Fetzer said several residents feel unsafe and uncomfortable bringing their children to the parks.

Residents who have been proponents of repealing the ordinance have said they share the same goal of removing the unhoused from the streets, but believe accessibility to coordinated social services provides better-lasting systemic solutions.

These residents said issues with actually accessing social services, transportation availability, and lengthy wait-lists for services, are exacerbated by criminalizing their housing status.

Proposed changes

At an informal Aug. 19 meeting between city staff, police, a few residents and a representative from the Chicago Coalition to End Homelessness, four amendment proposals were taken under consideration by city staff.

City Administrator Bart Olson said they are amending the section banning sleeping in cars overnight for more than two hours – that affects truckers parking on city streets in addition to people experiencing homelessness.

“We are in the process of eliminating restrictions on sleeping in public places, which would allow somebody to sleep in their car on a public street, or to sleep in the park during the day,” Olson said.

Individuals would still be banned from sleeping in parks after dark. Individuals would be able to sleep overnight on private property, like a gas station or a neighbor’s driveway, but would need the owner’s permission. Public camping in a car for an extended period of time would still be prohibited.

Jensen said the police have responded to reports of campfires and public disturbances by homeless individuals in parks at night.

“We’ve asked people to leave the park, and they’ve always left,” Jensen said. “We have not issued an ordinance violation for that sort of violation at all.”

Olson said the city is in agreement with codifying providing services before issuing citations. He said the police already do this.

He also said the city is willing to establish a working group, consisting of city staff, police, advocates and residents, to improve conditions causing homelessness. The city wants the group less informal, not a full city group. He wants the working group to provide recommendations to the City Council.

Fines still in place

Olson said the city is not willing to eliminate or reduce the fines because they feel they fit with city code and are currently “reasonable as is.”

Deputy Chief Garrett Carlyle said the structure of increasing fines provides the police more time and leverage to persuade individuals to accept services.

“We go through (our fines) six times over, if someone is still failing to comply weeks and weeks down the road after they’ve been provided resource after resource, we appeal to a judge,” Carlyle said.

When presented the evidence, the judge could then choose to grant a judicial order. If the individual chooses not to comply with the judicial order, Carlyle said they could be charge with contempt of court and possibly sentenced up to six months in jail. There is no mandatory minimum.

Alderman Dan Transier, a criminal defense lawyer, said while he does not favor repealing the ordinance, he is concerned that Kendall County State’s Attorney Eric Weis won’t be on board.

“If it gets to that point, the judge can also say (they’re) not jailing this person for being homeless,” Transier said during the meeting. “I have concerns about the state’s attorney’s office not agreeing to enforce this.”

Yorkville city attorney Kathleen Field Orr said the city has not yet reached out to the state’s attorney’s office.