City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Nubia Goldstein, City Attorney
MEETING DATE: May 21, 2024
ITEM NO: 8.1
SUBJECT: Approve First Reading and Introduction of Ordinance No. 872, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, Adding Chapter 9.43, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare to the Patterson Municipal Code.
RECOMMENDATION
Motion to Approve First Reading and Introduction of Ordinance No. 872, Reading by Title only, Waiving Further Reading, an ordinance of the City Council of the City of Patterson, Adding Chapter 9.43, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare to the Patterson Municipal Code.
BACKGROUND
In recent years, there has been an increase of unpermitted camping activity within City limits due to a shelter crisis, resulting in a significant number of persons unable to obtain shelter.
These types of encampments attract illegal dumping, rodents, fire hazards and contamination of the surrounding areas, which pose an immediate threat to the health, safety, and welfare of the public, including encampment occupants. The proposed ordinance establishes the necessary framework to regulate and manage encampments to maintain healthy and hygienic communities. The ordinances authorize City personnel to conduct temporary clean and clear operations and establish regulations for the removal of individuals and their personal property in, on, or near critical infrastructure intended for the provision of public services.
ANALYSIS
The health and hygiene ordinance will address the threat to public health, safety, and welfare posed by encampments (the “Health and Hygiene Ordinance”). The Health and Hygiene Ordinance authorizes an Enforcement Officer to carry out clean and clear operations of camp sites to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste. The clean and clear operations require seventy-two (72) hours’ notice to affected occupants. Any property left at the campsite during the clean and clear operations will be considered abandoned and subject to disposal. Unabandoned and temporarily unattended items will be collected for safe storage and retrieval by occupants unless the items are not safe for storage. Any items not safe for storage will immediately be discarded. Further, permanent closure of a campsite can occur if an existing or expected natural disaster or environmental harm poses a threat to the health and safety of the camp’s occupants.
Compliance with Martin v. City of Boise.
Due to the Martin v. City of Boise (“Martin”) decision, ordinances that prohibit camping in public places are unenforceable against homeless individuals when there is no practical alternative shelter available. Ordinances prohibiting camping in public places at particular times or in particular locations, however, are still enforceable. The Health and Hygiene Ordinance only authorizes permanent closure of an encampment site when there is an existing or expected natural disaster or environmental harm posed by a threat to the health and safety of a camp’s occupants. Ordinances requiring the temporary vacating of an encampment in a public space on a regular basis for public health and safety purposes are also enforceable. The Health and Hygiene Ordinance provides for “clean and clear” operations to protect public health and safety.
Collecting Personal Property Located within Encampments.
When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s due process clause requires that the City take reasonable steps to give notice to the property owner. Further, the City must provide owners of taken property the opportunity to retrieve their property. The Health and Hygiene Ordinance comply with the United States Constitution’s due process clause by providing encampment occupants seventy-two (72) hours’ written notice prior to abatement and clean and clear operations. Further, when the City abates pursuant to the Health and Hygiene Ordinance the City will store taken unabandoned and temporarily unattended property for at least ninety (90) days for retrieval by property owners, unless such property is not safe for storage.
1. Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 618.
2. Id. at 617.
3. Shipp v. Schaaf (N.D. Cal. 2019) 379 F.Supp.3d 1033, 1037 (“Shipp”).
4. Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022, 1032.
5. Ibid.
6. See Shipp, supra, at 379 F.Supp.3d at p. 1038.
7. See ibid.
FISCAL IMPACT
The City will bear the cost of enforcing the ordinances. The Health and Hygiene Ordinance authorizes the City to recover the cost of abating camping and use of camping paraphernalia near critical infrastructure. Practically, however, the recovery of abatement cost can be difficult.
EXISTING POLICY
The Health and Hygiene Ordinance addresses the health, safety, and welfare of the community, and coincides with the existing Title 9 of the Public Peace, Morals and Welfare of the Patterson Municipal Code.
POLICY ALTERNATIVES:
As alternatives to adopting the ordinances, the Council could decide to:
1. Continue introduction of the proposed ordinances to a later City Council meeting, with direction to staff to provide changes, or
2. Reject the proposed ordinance.
INTERDEPARTMENTAL COORDINATION:
City staff and the City Attorney were consulted in the preparation of this proposal.
Attachment:
1.Ordinance No. 872