CITY COUNCIL STAFF REPORT
Meeting Date: October 07, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: INTRODUCE ORDINANCE NO. ___ AMENDING SECTION 10.05.330
LIVING OR SLEEPING IN VEHICLES ON PUBLIC PROPERTY AND
ADDING CHAPTER 9.75, CAMPING ON PUBLIC PROPERTY, TO
TITLE 9 (HEALTH, SAFETY, AND WELFARE) OF THE PLEASANT
HILL MUNICIPAL CODE.
SYNOPSIS
The proposed ordinance amends Section 10.05.330 Living or Sleeping in Vehicles on Public Property and add Chapter 9.75, Camping on Public Property to Title 9 (Health, Safety and Welfare) of the Pleasant Hill Municipal Code in order to address unpermitted camping on public property, including living or sleeping in vehicles parked on public property.
DISCUSSION
Background
For many years, the Ninth Circuit’s opinion in Martin v. Boise has required a City be able to demonstrate adequate shelter beds are available before enforcing ordinances prohibiting camping on public property or risk violating the prohibition against cruel and unusual punishment contained in the 8th Amendment to the U.S. Constitution. The recent U.S. Supreme Court decision in Johnson v. City of Grants Pass, however, addressed this very issue and found that enforcement of the anticamping ordinance in Grants Pass, Oregon did not constitute a violation of the 8th Amendment and therefore cities do not have to demonstrate the availability of adequate shelter beds prior to enforcing an anti-camping ordinance.
The Court acknowledged a city's interest in maintaining public health, safety, and welfare, which includes regulating the use of public spaces to prevent hazards and ensure accessibility for all community members, including those who are unhoused. As well, the Court noted the importance of cities providing supportive services and resources to unhoused individuals.
Following the U.S. Supreme Court decision, Governor Newsom issued Executive Order N-1-24 that included a call to action for local governments to remove encampments from public spaces.
Currently, the City of Pleasant Hill's Municipal Code (“PHMC”) does not include a prohibition on camping on public property. Additionally, the prohibition on living or sleeping in a vehicle parked on public property requires updating.
Analysis
The proposed ordinance aligns with the Supreme Court’s decision by targeting the act of camping and storing of personal property rather than the status of individuals. It ensures that enforcement is based on conduct, thereby avoiding unconstitutional penalties based on status. Provisions within the ordinance mandate that enforcement officers provide notice and opportunities for individuals to remove their belongings before any enforcement action and storage of personal property, with the opportunity for retrieval of the property prior to disposal.
The presence of encampments in specific areas within the City poses a threat to the public health, safety, and welfare of those residing in the encampments and the community at large because of the damage to public property, risk of fire, unsanitary conditions, environmental degradation and restricted access for other lawful users of the property as well as for maintenance, operations, or emergency services purposes.
The City of Pleasant Hill has demonstrated its commitment to a holistic approach where enforcement is only one aspect. The resources provided by the City, Contra Costa County, and various local nonprofits ensure access to shelters, housing programs, and other essential services.
The limitation on cities' ability to enforce public camping regulations was based on prior Ninth Circuit Court of Appeals decisions that no longer reflect current law. Accordingly, the proposed new ordinance to the City’s Municipal Code regarding camping on public property will enable the City to protect and preserve lives and infrastructure, ensure the provision of vital police services, and protect public health and safety during severe weather and fire season.
FISCAL IMPACT
Staff does not anticipate any immediate fiscal impact from adoption of this ordinance.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.
The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staffs’ recommendation is for the City Council to introduce the ordinance for first reading.
ALTERNATIVES TO RECOMMENDED ACTION
Decline to introduce the ordinance.
ATTACHMENT(S):
Proposed Ordinance
Prepared by: Scott Vermillion, Chief of Police
Reviewed by: Janet Coleson, City Attorney
Approved by: Ethan Bindernagel, City Manager