Agenda Item No: M.1
AGENDA REPORT
DATE: March 18, 2025
TO: Mayor and Council
FROM: David Gassaway, City Manager
SUBJECT: Ordinance 2025-03 PD Amending Chapter 12.800, Section 12.804 Infraction to Misdemeanor
Amending Chapter 12.800, Section 12.804, Changing Any Violation of the Ordinance from an Infraction to a Misdemeanor
Funding Source: N/A
Contact: Daniel Marshall, (707) 428-7366
RECOMMENDED ACTION
Hold public hearing; waive full reading, read by title only and introduce ordinance for first reading.
STATEMENT OF ISSUE
Currently, the penalty for violations of Fairfield Municipal Code (FMC) 12.800 – Camping and Storage of Personal Property, is an infraction. To encourage accountability and access to services for our unhoused population, City staff seeks to amend the ordinance to make any violation of the ordinance a misdemeanor.
DISCUSSION
On January 24, 2025, during the recent City Council Retreat, it was proposed the city’s camping ordinance be amended to classify violation s as a misdemeanor. The city council requested that this suggestion be brought to a council meeting for further discussion and decision.
For many years, the Police Department has utilized the Camping and Storage of Personal Property ordinance. However, we have faced challenges in achieving meaningful accountability and resolution of these cases. Historically, violations are often dismissed or sent to financial collections, with very few ever reaching the courtroom. This lack of resolution has made enforcement difficult, as there is no clear record of the original citations disposition, preventing us from charging a misdemeanor for repeat offenses.
With the introduction of Community Assistance Recovery Empowerment (CARE) Court and the recent passage of Proposition 36, we now have additional tools to support individuals struggling with severe mental health or substance use disorders, helping them access housing, and exit homelessness. By making camping violations a misdemeanor, we can create another impor tant tool in our efforts to assist the unhoused population while encouraging accountability.
As the number of individuals experiencing homelessness grows, so does the number of areas where people camp or store personal property. This amendment will help curb that increase by ensuring accountability for those who repeatedly violate the ordinance.
The proposed ordinance would amend FMC 12.804 to reflect:
The first vViolations of this Article shall be an infraction punishable by a fine not exceeding $100. The second and each subsequent violation of this Article within a one -year period, may be prosecuted as a misdemeanor, punishable by a fine not exceeding $1000 or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. (Ord. 2001-05, § 6.)
Under the proposed misdemeanor classification, officers will still have the discretion to issue a warning, citation, or, if necessary, make an arrest. Regardless of the enforcement action taken, officers will continue to p rovide resource information to those affected, ensuring that enforcement is paired with opportunities for support and housing.
FINANCIAL IMPACT
N/A
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
The council may choose not to adopt the attached ordinance.
COORDINATED WITH
City Attorney’s Office
STAFF CONTACT
Daniel Marshall, Chief of Police
(707) 428-7366
[email protected]
ATTACHMENTS
Attachment 2: Ordinance