Salem Council Wants More Detail on Unattended Property Rule

Salem councilors sent Mayor Pangallo's proposed rule on unattended property in public spaces to committee, asking what problem it would solve.

By Jenna Caldwell, The Boston Report

SALEM — The Salem City Council has asked for more information before it considers a proposed ordinance from Mayor Dominick Pangallo on removing belongings left unattended on public property, the Salem News reported Oct. 26.

At its Oct. 22 meeting, the council referred the proposal to the Committee on Ordinances, Licenses and Legal Affairs, co-posted with the Committee of the Whole. Councilors said it was not clear what problem the ordinance was meant to solve.

What the ordinance would do

The proposal would add a new section to Chapter 24 of the city’s code, titled “unattended property on public property.” It says “no person shall store or leave property in or upon any public property, sidewalk, or right-of-way for a continuous period exceeding two hours when the owner or person responsible for the property is not present.”

Under the draft, the city would post a notice on property left in violation, with the date and time. The notice would say the items would be removed if not taken within 24 hours and explain where they could be claimed. After 24 hours, the city would remove them.

The city could remove property right away if it threatens public health or safety or blocks a sidewalk, entrance, fire hydrant or emergency access. Trash, spoiled food and items that are “soiled, infested, or otherwise hazardous” could be thrown out immediately. Everything else would be held for at least 30 days at a place chosen by the police chief and returned to anyone who could describe it.

The rule would not apply to lawfully parked bicycles, scooters, strollers and similar devices; campsites and camping materials; motor vehicles, trailers and boats; or property placed under a city permit or license.

Public comment

Salem resident Matt Serpa spoke during public testimony. He questioned the use of the word “soiled” and the two-hour limit before a notice could be posted, saying it could lead to belongings of unhoused people being thrown away.

“With the closing of the Lifebridge Shelter and the current no camping ordinance, our unhoused community members are especially vulnerable right now,” Serpa said.

Councilors’ questions

Ward 2 Councilor Andrew Smith described the current process. When he gets a report of unattended property, he said, he checks with Lifebridge and the police, calls the Department of Public Services and contacts the Health Department. DPS removes items if they are deemed a health hazard.

“We already have a process for this that we do all the time,” Smith said. He said he would at least like the police storage period to be longer.

Ward 6 Councilor Katelyn Holappa said she wanted a clearer problem statement. “I have a fear of letting an officer define what is trash and what is property,” she said. She also asked what it means for a bicycle to be “lawfully parked” when many city bike racks do not fit bikes.

Ward 4 Councilor Tim Flynn cast the only vote against sending the proposal to committee. He said he would rather vote it down. “I’m not sure why we’re even taking this up with no back-up material,” Flynn said. The meeting agenda did not include any further documents about the ordinance, the Salem News reported.

Police describe current practice

Salem police Capt. John Burke told the Salem News that officers often take in lost items for safekeeping and store them until the owner picks them up. Contaminated or hazardous items cannot be stored at the station, so the Department of Public Services handles removal.

“In regards to the unhoused community, we have been fairly lenient with items that are not hazardous or creating a safety issue,” Burke said, adding that the department’s Community Impact Unit usually gives people time to move their things.

What’s next

The ordinance will be discussed in committee before any council vote. Committee meeting dates are posted on the city’s agenda center.

Visiting this week? See our guide to Salem Halloween road closures, MBTA service and parking. For more Salem coverage, see our Salem local news and city guide.

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