Ordinance No. XX-2025 Page 1 of 5
EXHIBIT A
ORDINANCE XX-2025
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTION S 8.90.030 AND 8.90.060 OF THE
FREMONT MUNICIPAL CODE REGULATING CAMPING
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS OF URGENCY
A. On December 17, 2024, the City Council introduced a camping ordinance (“Camping Ordinance”) prohibiting camping and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners; and
B. On February 11, 2025, the City Council adopted the Camping Ordinance and said ordinance became effective on March 13, 2025; and
C. The Camping Ordinance did not, and was not intended to, criminalize persons who donate food, water, or other goods to another person; and
D. On March 4, 2025, the City Council approved a referral to direct staff to bring back an amendment to the Camping Ordinance to revise language that has contributed to misinterpretation of the ordinance’s intent and application; and
E. On March 4, 2025, the Fremont City Council affirmed the City’s commitment to work in unity with nonprofits, faith-based organizations, other government agencies and the community on care, support and solutions for people who are unhoused, and to generally prioritize the allocation of enforcement resources to the locations that violate the City’s encampment condition guidelines; and
F. The City Council now intends to amend the Camping Ordinance to clarify its enforcement provisions, including clarification that the donation of certain goods to another person does not violate its terms; and
G. Without an amendment to the Camping Ordinance, members of the Fremont community and some service providers to unhoused persons may withhold assistance due to an unfounded fear of criminal liability; and
H. The City, pursuant to California Constitution Article XI, Section 7, has the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
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I. The City, pursuant to California Government Code Section 36934 and Section 36937, is authorized to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety;
J. The Camping Ordinance became effective March 13, 2025 and this urgency amendment is necessary to immediately clarify that the Ordinance does not criminalize persons who donate food, water, or other goods to another person and that they may do so without an unfounded fear of criminal penalty; and
K. This urgency ordinance is necessary for the immediate preservation of the public peace, health or safety, and shall be effective upon adoption by a four-fifths vote of the City Council.
SECTION 2. FMC SECTION 8.90.030 AMENDED
Fremont Municipal Code Section 8.90.030 is amended to read as follows:
(Strikethroughs indicate deletion and underlines indicate additions) Sec. 8.90.030 Camping, locations prohibited; protection of waterways.
(a) Camping. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including any street, sidewalk, park, open space, waterway, or banks of a waterway, or any private property not designated licensed and equipped operated for such camping. Additionally, it is unlawful for any person to camp or maintain an encampment in or upon any land designated as a high fire risk area. This section is not intended to prohibit camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than three consecutive nights.
[Section (b) is unchanged.]
(c) Nothing in this section is intended to prohibit:
1. a person from donating food, water, or other goods to another person;
2. camping on private property that is zoned residential and contains a single-family residential dwelling, by family or friends of the property owner, so long as the owner consents;
3. the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; or
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4. the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
SECTION 3. FMC SECTION 8.90.060 AMENDED
Fremont Municipal Code Section 8.90.060 is amended to read as follows:
(Strikethroughs indicate deletion and underlines indicate additions) Sec. 8.90.060 Enforcement.
[Section (a) is unchanged.]
(b) Notwithstanding subsection (a) of this section:
1. Any person causing, permitting, aiding, abetting or concealing a violation of this chapter shall be guilty of a misdemeanor, and may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.
2.1. Any violation of this chapter may be remedied by a civil action brought by the city attorney.
3.2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city by any lawful means, including but not limited to summary abatement procedures set forth in Chapter 8.60 of this code.
4.3. Any violation of this chapter is punishable as set forth in Title 1, General Provisions of this code.
[Sections (c) through (e) are unchanged.]
SECTION 4. CEQA
The City Council determines, each on a separate and independent basis, the following sections of Title 14 of the California Code of Regulations apply and no further environmental review is required: (1) the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), in that the ordinance does not have the potential to cause a significant effect on the environment, and is not subject to CEQA review; (2) Furthermore, the project is exempt under CEQA Guidelines 15183, Projects Consistent with a Community Plan or Zoning, as the ordinance is consistent with the land use envisioned for the site as established by the General Plan for which an Environmental Impact Report (SCH#2010082060) was previously prepared and certified, and CEQA Guidelines Sections 15162 and 15163, as none of the circumstances requiring preparation of a subsequent or supplemental EIR have occurred; (3) CEQA Guidelines Sections 15304 as Ordinance No. XX-2025 Page 4 of 5
this ordinance is an action by the City that may result in a minor alteration to land, water, and/or vegetation; and (4) CEQA Guidelines Sections 15307 and 15308 as this ordinance is an action by the City for the protection of birds and other wildlife and the environment in City public lands, parks and waterways. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 6. EFFECTIVE DATE
This Urgency Ordinance shall take effect immediately upon adoption by a four-fifths vote of the City Council.
SECTION 7. PUBLICATION AND POSTING
This Urgency Ordinance shall be published and posted as may be required by law. * * *
The foregoing Urgency Ordinance was adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
__________________________________
APPROVED AS TO FORM:
____________________________
City Attorney
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City Clerk