Agenda Report
Fullerton City Council
MEETING DATE: MARCH 4, 2025
TO: CITY COUNCIL
SUBMITTED BY: ERIC LEVITT, CITY MANAGER
PREPARED BY: DAISY PEREZ, DEPUTY CITY MANAGER
JON RADUS, POLICE CHIEF
SUBJECT: FULLERTON MUNICIPAL CODE SECTION 7.105.020 – CAMPING UNLAWFUL AND CHAPTER 7.36 – OBSTRUCTION OF PUBLIC RIGHTS-OF-WAY AND FACILITIES PROPOSED AMENDMENTS
SUMMARY
Staff evaluated regulatory updates regarding public rights-of-way obstruction to ensure public spaces remain safe, accessible and conducive to community well-being. Staff recommends amending Fullerton Municipal Code Chapter 7.36 to enhance regulations governing unauthorized personal property storage and public space obstruction.
PROPOSED MOTION
Introduce Ordinance No. XXXX for first reading by title only and waive further reading of the ordinance.
ORDINANCE NO. XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING SECTION 7.105.020 (CAMPING UNLAWFUL) AND CHAPTER 7.36 (OBSTRUCTING PUBLIC PLACES AND PUBLIC FACILITIES) OF THE FULLERTON MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE USE OF PUBLIC RIGHTS-OF-WAY AND FACILITIES FOR STORAGE OF PERSONAL ITEMS OR AS A PLACE TO SIT, SLEEP OR LIE DOWN
ALTERNATIVE OPTIONS
Approve the Proposed Motion
Defer action for further review
Other options brought by City Council.
STAFF RECOMMENDATION
Staff recommends the Proposed Motion.
CITY MANAGER REMARKS
As part of staff’s review of camping ordinances we evaluated updates that have occurred in other cities in the region and how those ordinances compare to Fullerton’s ordinance and critical infrastructure ordinance.
Based on our review, I recommend the ordinance as presented.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Public Safety
Infrastructure and City Assets.
FISCAL IMPACT
The Fullerton Police Department and Public Works Department would enforce the proposed ordinance and generate no significant additional financial burden beyond current enforcement efforts.
BACKGROUND AND DISCUSSION
This proposed ordinance results from the homelessness discussion during the February 4, 2025 City Council meeting where staff presented concerns regarding unauthorized obstructions in public spaces. Staff conducted a detailed review of enforcement approaches used in other jurisdictions and evaluated relevant legal rulings, particularly the Grants Pass Decision (2024), to ensure Fullerton’s regulatory framework remains both effective and legally compliant.
The proposed ordinance strengthens existing regulations by explicitly prohibiting unauthorized camping, sitting, lying or sleeping in public spaces as well as personal property storage in public rights-of-way including sidewalks, medians and landscaped areas. The accumulation of personal belongings in these areas has created hazardous conditions that impede pedestrian movement, create safety risks and contribute to sanitation concerns. Additionally, the ordinance establishes clear prohibitions against blocking building entrances, transit stops and essential services such as fire hydrants. These measures would uphold public health, safety and accessibility, while also providing a legally sound enforcement mechanism.
Staff reviewed policies implemented in neighboring jurisdictions with similar regulations enacted to maintain public order. The ordinance ensures compliance with the Americans with Disabilities Act (ADA) by safeguarding unobstructed pedestrian pathways, particularly in high-traffic areas. The enforcement approach prioritizes public education, outreach efforts and progressive enforcement, beginning with warnings and referrals to available support services before escalating to citations or removals. The City would continue working with social workers and the Homeless Liaison Officer (HLO) Unit to provide alternative solutions and shelter placements before undertaking any enforcement actions.
The City of Fullerton has implemented a range of programs and services to support individuals experiencing homelessness, ensuring the City complements enforcement measures with meaningful support. The Fullerton Navigation Center, operated in partnership with the Illumination Foundation, provides 40 emergency shelter beds exclusively for Fullerton residents and 110 recuperative care beds for individuals requiring medical respite. The Motel Voucher Program extends temporary shelter accommodations to vulnerable populations, including seniors and families with children, particularly during extreme weather conditions. The HOPE Center provides a regional hub for homeless outreach, facilitating connections to essential resources such as mental health services, substance abuse treatment and pathways to permanent housing. The City participates in the North Service Planning Area (NSPA) agreement, which secures an additional 250 shelter beds for Fullerton residents in regional facilities located in Placentia and Buena Park.
These coordinated efforts reflect the City’s balanced approach, ensuring public spaces remain safe and accessible while providing necessary support to individuals experiencing homelessness. The City would conduct enforcement in alignment with these services to ensure staff directs individuals impacted by the ordinance toward available resources rather than displacement without alternatives. Furthermore, the ordinance includes provisions to accommodate legally sanctioned events, such as parades and permitted public gatherings, ensuring necessary temporary uses of public spaces remain permissible.
This ordinance would establish a clear, enforceable and legally compliant framework to address obstructions in public spaces. This initiative supports the City’s broader homelessness response strategy by integrating public safety priorities with compassionate service-oriented solutions to assist those in need while ensuring that public areas remain functional for all residents and businesses.
Attachments:
Attachment 1 - Draft Ordinance No. XXXX
cc: City Manager Eric J. Levitt
Draft Ordinance Amending Fullerton Municipal Code Chapter 7.36 March 4, 2025 - Page PAGE \* MERGEFORMAT 2