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ORDINANCE NO. 872
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.
WHEREAS, a shelter crisis exist due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and
WHEREAS, the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; and
WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Amendment. Chapter 9.43, Health and Hygiene, shall be added to Title 9, Public Peace, Morals and Welfare of the Patterson Municipal Code as follows:
Chapter 9.43 Health and Hygiene
Sections:
9.43.010 Findings and purpose.
9.43.020 Definitions.
9.43.030 Relation to other laws.
9.43.040 Abatement.
9.43.050 Interference.
9.43.010 Findings and purpose.
The city council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.
The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing an Enforcement Officer, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health, and safety. {CW131554.4}
9.43.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. “Abandoned” shall mean any property that is based on words, act, or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.
B. “Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
E. “Clean and Clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.
F. “Enforcement Officer” includes the City Manager and his or her designee.
G. “Environmental” means relating to the natural or artificial conditions of the environment of the area of concern.
H. “Fire Hazard” means the accumulation of dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.
I. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
J. “Illegal Dumping” means to deposit or allow to remain in any street, alley, public park, or other public owned property any of the following: discarded boxes, cartons, earth, concrete, bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper and any and all like items which have been discarded or are no longer desired by the owner thereof.
K. “Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
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L. “Natural Disaster” includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the city’s population.
M. "Refuse” includes garbage and rubbish.
N. “Routine” means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)
O. “Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable, or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and includes liquid wastes disposed of in conjunction with solid waste disposal sites.
9.43.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Patterson Municipal Code or as otherwise permitted under law.
9.43.040 Abatement
A. The Enforcement Officer is authorized to carry out both one-time or routine Clean and Clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
B. Clean and Clear operations require that affected occupants receive notice of the action at least seventy-two (72) hours prior to its scheduled time, in accordance with Patterson’s encampment management policy, as it may be amended from time to time.
C. Any property left at the campsite during the Clean and Clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that a safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety (90) days.
D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s {CW131554.4}
occupants. Permanent closure entails the same requirements of this Section unless an emergency makes notice and logging personal property infeasible.
9.43.050 Interference.
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
SECTION 2. Severability. If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.
SECTION 3. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 21st day of May 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
ATTEST: APPROVED:
Aracely Alegre
City Clerk of the City of Patterson
Michael Clauzel
Mayor of the City of Patterson