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CITY OF GLENDALE, CALIFORNIA
REPORT TO THE CITY COUNCIL
AGENDA ITEM
Report: Introduction of Ordinance Amending Glendale Municipal Code Chapter 9.28 Relating to Camping
1) Ordinance amending section 9.28.020, Definitions, of Chapter 9.28 of the Glendale Municipal Code, to enable the enforcement of sections 9.28.030, Camping, and 9.28.040, Storage of Personal Property, in the daytime as well as at nighttime.
COUNCIL ACTION
Item Type: Action Item
Approved for November 19, 2024 calendar
EXECUTIVE SUMMARY
The Glendale Municipal Code, sections 9.28.030 and 9.28.040, generally prohibit the acts of camping and storing personal property on public property. However, the definitions of “camp” and “store” codified in section 9.28.020 limit enforcement of section 9.28.030 and preclude enforcement of section 9.28.040 during the daytime. On June 28, 2024, the United States Supreme Court held that enforcement of generally applicable laws regulating camping on public property does not violate the Eighth Amendment to the United States Constitution. At its study session on August 27, 2024, the City Council received testimony that individuals reside in or use public property for living accommodation purposes, such as sleeping activities, or make preparations to sleep, during the daytime and at nighttime. To provide an additional tool to address acts that would otherwise violate Chapter 9.28, the Council directed the City Attorney to prepare an ordinance amending Chapter 9.28 to enable its enforcement at all hours. The ordinance before the Council for introduction is presented pursuant to that direction.
RECOMMENDATION
Introduce an ordinance amending section 9.28.020, Definitions, of Chapter 9.28 of the Glendale Municipal Code, to enable the enforcement of sections 9.28.030, Camping, and
9.28.040, Storage of Personal Property, in the daytime as well as at nighttime.
ANALYSIS
In 1997, the Glendale City Council adopted Ordinance No. 5140, which codified Chapter
9.28 of the Glendale Municipal Code to regulate camping and storage of personal {{section.number}}{{item.number}}2
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property on public property. Under section 9.28.030, “it is unlawful for any person to camp or use paraphernalia in or on any public park, street, sidewalk or other public property.” Camping on public property is allowed only pursuant to a permit issued by the city manager. Under section 9.28.040, “it is unlawful for any person to store any personal property in or on any public park, street, sidewalk, or other public property.” Violation of either provision is a misdemeanor.
Importantly, however, the definitions of “camp” and “store” codified in 9.28.020 are limiting. Specifically, “camp” is defined to mean, “in light of all of the circumstances, (1) residing in or using a public park, street, sidewalk or other public property for nighttime living accommodation purposes such as sleeping activities; (2) making preparations to sleep overnight (including the laying down of bedding for the purpose of sleeping, storing personal belongings, blankets, sheets, other bedding material, luggage, backpacks, kitchen utensils, cookware and similar materials);
(3) erecting, maintaining or occupying any structure with natural or artificial material (including a building or a tent);
(4) making any fire or using any tents;
(5) regular cooking of meals;
(6) living in a parked trailer, camper shell, motor home, or any motor vehicle as defined by the California Vehicle Code; or
(7) setting up or using any camp paraphernalia.”
(Emphasis added.) Similarly, the term “store” is defined to mean, “in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property during nighttime.” (Emphasis added.) The term “nighttime” is defined in section 1.04.020 to mean “the period of time between sunset and sunrise.”
At present, therefore, section 9.28.030 is unenforceable—during the daytime (i.e., the period of time between sunrise and sunset)—against a person who is residing in or using public property for living accommodation purposes, such as sleeping activities, or making preparations to sleep, unless that person is engaged in another form of “camping,” set forth in definitions (3) through (7) above. Additionally, section 9.28.040 is presently unenforceable—during the daytime—against a person who puts aside or accumulates for use when needed, puts aside for safekeeping, places or leaves personal property on public property.
In 2018, the United States Court of Appeals for the Ninth Circuit held in Martin v. City of Boise, Idaho (9th Cir. 2018) 902 F.3d 1031 that municipalities could not, consistent with the Eighth Amendment to the United States Constitution, impose criminal penalties for sitting, sleeping, or lying on any public property in a jurisdiction when no alternative sleeping space is practically available. In 2022, the Ninth Circuit held in Johnson v. City of Grants Pass, Oregon (9th Cir. 2022) 50 F.4th 787 that Martin applied not only to criminal penalties, but also civil citations that later become criminal penalties, and also {{section.number}}{{item.number}}3
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that Martin applied to ordinances that prohibit the use of articles necessary to facilitate sleep.
On June 28, 2024, the Supreme Court of the United States reversed the judgment of the Ninth Circuit in City of Grants Pass, Oregon v. Johnson (2024) 144 S. Ct. 2202, holding that enforcement of generally applicable laws regulating camping on public property does not violate the Eighth Amendment to the United States Constitution. Importantly, the Court’s holding in Johnson abrogates the judgment of the Ninth Circuit in Martin. In short, the Eighth Amendment no longer precludes enforcement of generally applicable camping ordinances, without regard to whether alternative sleeping space is practically available.
On August 27, 2024, the City Council held a study session to discuss, among other things, the impact of the Supreme Court’s decision in Johnson on enforcement of Chapter 9.28.
The Council received testimony that certain camping-related violations, discussed above, are actionable only at nighttime. Yet, the Council received testimony from the Police Department that individuals reside in or use public property for living accommodation purposes, such as sleeping activities, or make preparations to sleep on public property, during the daytime as well as at nighttime; and that amending Chapter 9.28 to apply 24 hours per day would provide one additional enforcement tool to be used as appropriate.
Having considered all of the above, the City Council passed a motion directing the City Attorney to prepare an ordinance amending Chapter 9.28 to enable its enforcement during the daytime as well as at nighttime. The ordinance before the Council for introduction is presented pursuant to that direction.
STAKEHOLDERS/OUTREACH
The City Council held a special public meeting on August 27, 2024, at 3:00 p.m. to discuss, among other things, the impact of the Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson on enforcement of Chapter 9.28. The Council received testimony from the Office of the City Attorney, Police Department, Community Services & Parks Department, as well as members of the public. Additionally, the Police Department and Community Services & Parks Department provided feedback regarding the ordinance before the Council for introduction.
FISCAL IMPACT
There is no immediate fiscal impact associated with this item. The Police Department is primarily responsible for enforcement of Chapter 9.28 through its Patrol Bureau and Community Outreach, Resources, and Engagement (CORE) Bureau. The CORE Bureau conducts outreach to those camping and storing personal property on public property in the City, and, where applicable and appropriate, enforces Chapter 9.28, among other local and state laws. To the extent that amendment of Chapter 9.28 to apply 24 hours per day necessitates the commitment of additional resources, staff will return to the Council with such a report and request.
ENVIRONMENTAL REVIEW (CEQA/NEPA)
The action being considered does not constitute a “project” within the meaning of CEQA {{section.number}}{{item.number}}4
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pursuant to CEQA Guidelines sections 15378(b)(2) and (b)(5), as it constitutes continuing administrative or maintenance activity, namely, general policy and procedural making, and an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment. Even if it is a “project,” it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; thus, it is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3).
CAMPAIGN DISCLOSURE
This item is exempt from campaign disclosure requirements.
ALTERNATIVES TO STAFF RECOMMENDATION
Alternative No. 1: Provide direction to amend Chapter 9.28 in a manner not reflected in the ordinance presented for introduction.
Alternative No. 2: Do not introduce an ordinance amending Chapter 9.28, in which case, certain violations of section 9.28.030, Camping, and section 9.28.040, Storage of Personal Property, will remain actionable only at nighttime.
ADMINISTRATIVE ACTION
Submitted by:
Michael J. Garcia, City Attorney
Prepared by:
Aaron M. Israel, Senior Assistant City Attorney
Approved by:
Michael J. Garcia, City Attorney
Roubik R. Golanian, P.E., City Manager
EXHIBITS/ATTACHMENTS
None