1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN UR
GENCY ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING TITLE 6 AND TITLE 9 OF THE RIVERSIDE MUNICIAL CODE BY AMENDING SECTION 6.15.020 REGARDING ABATEMENT OF PUBLIC NUISANCES, DELETING IN THEIR ENTIRETY SECTIONS 9.04.600, 9.04.610,
9.04.620, AND 9.04.630 REGARDING CAMPING ON PUBLIC SIDEWALKS, STREETS, AND/OR OTHER PUBLIC PROPERTY , AND ADDING CHAPTER 9.11
REGARDING CAMPING AND E NCAMPMENTS NECESSARY AS AN
EMERGENCY MEASURE TO PRESERVE THE PUBLIC PEACE, HEALTH, AND SAFETY.
C
ity Attorney’s Summary
This ordinance replaces the City’s existing Municipal Code provisions relating to camping and sleeping on public
property.
W
HEREAS, on June 28, 2024, the U.S. Supreme Court issued its decision in Johnson v. City of Grants Pass, Oregon (144 S.Ct. 2202). Among other things, the Supreme Court held that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property; and
WHEREAS, the Supreme Court’s Johnson decision abrogates (i.e., overrules) the Ninth Circuit’s decision in Martin v. City of Boise ((2019) 920 F.3d 584). Consequently, Martin is no longer good law or binding on cities; and
WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents and all people within the geographic boundaries of the City; and WHEREAS, the City Council finds that certain public lands within the City’s geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in these areas; and
WHEREAS, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity; and WHEREAS, the 2023 Point -in-Time Count administered by the County of Riverside Continuum of Care reported 605 people were experiencing unsheltered homelessness within the City, which represents a 18% percent increase from the prior year; and
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse community of users including businesses, government, and the general public for gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by people relying on a variety of mobility devices; and
WHEREAS, the City Council finds that certain public lands in the City pose a greater danger to the health and safety of people who may stay in those areas overnight and to the general public if used for sheltering, including near schools, shelters, in open space and the Wildland Urban Interface, and in certain City parks; and
WHEREAS, this activity has forced students to walk in the street to pass encampments blocking City sidewalks on their way to school and puts students at risk of injury or death from vehicular traffic; and
WHEREAS, there are significant adverse impacts caused by encampment activity concentrated around shelters provided to individuals and families experiencing homelessness, including predatory behavior and drug dealing that undermines the community’s efforts to provide meaningful assistance and long-term solutions for people seeking assistance; and WHEREAS, people experiencing homelessness on the City’s streets and in transit hubs have been involved in serious and deadly accidents involving cars, or buses; and WHEREAS, people experiencing homelessness on City streets, in City parks, and in transit hubs have been exposed to illicit fentanyl leading to exponential increases in the accidental deaths by overdose among people experiencing homelessness; and WHEREAS, the sustained presence of people in the City’s open space and waterways within the City has created unsafe, unsanitary, unhealthy, and dangerous conditions including water pollution and frequent uncontained fires that threaten people living or using these areas, first responders, and the general public; and
WHEREAS, City of Riverside Fire Rescue indicates that fire crews responded to 848 vegetation and rubbish fires in the City’s open space areas, which were all suspected to have resulted from human activity in these areas; and
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
WHEREAS, the City annually experiences extended periods of high temperatures with little or no precipitation and strong seasonal dry winds from the east (i.e., Santa Ana winds) that can significantly increase the danger and spread of wildfires, adding to the severity of fires when they start; and
WHEREAS, due to the high wildfire risk in Riverside County, City of Riverside Fire Rescue responds to a vegetation fire as a First Alarm Fire with at least three fire engines, nine to twelve first responders, and a battalion chief, and these fires are frequently elevated to a Second Alarm Fire necessitating additional support including brush engines, additional battalion chiefs and helicopters; and
WHEREAS, people sheltering along riverbeds and flood control channels within the City are at risk of experiencing flooding, vector -related disease and other health issues and these areas often contain sensitive environments at risk of significant damage by unregulated human activity; and WHEREAS, the City counted approximately 730 encampments, including contacts and notices issued, along the riverbed in 2023 and collected over 267.29 tons of trash; and WHEREAS, the City is obligated to protect public health and safety and its natural resources by maintaining clean, safe, and accessible City properties for all residents to enjoy, including parks, open space, and the public right of way; and
WHEREAS, to mitigate risks to the health and safety of its citizens and potential damage to environmentally sensitive lands, the City Council desires to adopt regulations establishing locations where camping and the maintenance of an encampment is prohibited, regardless of the availability of shelter, due to the significant health and safety risk to those engaged in that activity, the general public, and the environment; and
WHEREAS, it is the intent of this Urgency Ordinance to prohibit camping, sleeping, and maintenance of encampments within the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners; and
WHEREAS, when abating any encampment, the City will provide written notice in advance of the cleared that explains when the encampment will be cleaned up and how an individual can
4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
reclaim items stored during the process; and
WHEREAS, the City will store any personal property that may belong to a person, has apparently utility in its current condition and can be safely retrieved from the site, but will not store property that is hazardous, practically un- storable, contraband, or listed on the City’s current list of common items regularly abandoned during the abatement process; and WHEREAS, by amending Riverside Municipal Code Section 6.15.020, deleting in their entirety Sections 9.04.600, 9.04.610, 9.04.620, and 9.04.630, and adding Chapter 9.11 on an urgency basis, the City of Riverside will protect the public health, safety, and welfare of City residents including the unsheltered population, businesses, visitors, and City personnel including first responders; and
WHEREAS, the California Constitution grants charter cities the power to make and enforce all ordinances and regulations with respect to municipal affairs. Article XI, Section 7 of the California Constitution provides a city may make and enforce within its limits all police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Riverside City Charter Section 413 states any ordinance declared by City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes; and WHEREAS, the City of Riverside, as a charter city, by and through its City Council has and may exercise all powers necessary to ensure the general welfare of its inhabitants.
The City Council of the City of Riverside, California, does ordain as follows:
Section 1: It is hereby declared that an urgency ordinance amending Riverside Municipal Code Section 6.15.020, deleting in their entirety Sections 9.04.600, 9.04.610, 9.04.620, and
9.04.630, and adding Chapter 9.11 on an urgency basis, the City of Riverside will protect the public health, safety, and welfare of City residents including the unsheltered population, businesses, visitors, and City personnel including first responders. / /
/ /
5 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
S ection 2: Section 6.15.020 of the Riverside Municipal Code is hereby amended as follows:
“Section 6.15.020 Declaration of nuisances.
It is unlawful and is hereby declared a nuisance for any person owning, leasing, occupying or having charge or possession of any property and any vehicles thereon, in the City to maintain the property in such a manner that any of the following conditions are present:
A. The existence of any garbage, rubbish, refuse or waste matter upon the premises contrary to the provisions of Chapter 6.04 of the Riverside Municipal Code. . . .
I. The outdoor storage of personal property on public property as follows:
1. T he use of public property to store, maintain, place or abandon any personal property, which includes but is not limited to, camp paraphernalia such as tarpaulins, cots, beds, sleeping bags, hammocks, tents, huts, or similar personal property, on any public street, on any public sidewalk, any public parking lot, public parking garage, or public area, improved or unimproved, any public park, parkway, median or greenbelt, except as otherwise provided.
2. A ny personal property stored, maintained, placed or abandoned in violation of this section may be removed and discarded at the discretion of the Public Works Director or his designee.
JI. Any dangerous or substandard building, whether or not occupied, abandoned, boarded-up or partially destroyed contrary to the provisions of the Uniform Fire Code, Uniform Building Code, Uniform Housing Code, and/or Uniform Code for Abatement of Dangerous Buildings.
KJ. P eeling or blistering paint on any building or structure such that the condition is plainly visible from a public right-of-way.
LK. T he existence of loud or unusual noises, or foul or noxious odors which offend the peace and quiet of persons of ordinary sensibilities and which interferes with the comfortable enjoyment of life or property and affect the entire neighborhood or any considerable number of pe
rsons.
6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
ML. The existence of hazardous substances and waste unlawfully released, discharged, or deposited upon any premises onto any City property.
NM. T he existence of any stagnant water or water contained in hazardous and/or unmaintained swimming or other pools which obscure required visibility and proper filtering.
ON. A ny attractive nuisance.
PO. Any other condition which is contrary to the public peace, health and safety.
QP. Any other violation of this Code pursuant to Section 1.01.110.E.” Section 3: Sections 9.04.600, 9.04.610, 9.04.620, and 9.04.630 of the Riverside Municipal Code are deleted in their entirety.
Section 4: Chapter 9.11 entitled “Camping and Encampments” is added to the Riverside Municipal Code as shown in Exhibit “A” attached hereto and incorporated herein.
Section 5. Thi s ordinance is not a project within the meaning of Section 15378 of the CEQA (California Environmental Quality Act) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. In the event that this Ordinance is found to be project under CEQA, it is subject to the CEQA exemption contained in CEQA Guideline section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment.
Section 6. Thi
s ordinance is adopted as an urgency measure pursuant to Section 413 of the Riverside City Charter. This ordinance is necessary as an emergency measure for preserving the public peace, health, and safety of the City and its residents.
Section 7. Pur suant to Section 416 of the Riverside City Charter, this urgency ordinance shall become effective immediately upon adoption.
Section 8. The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside.
/ /
/ /
/ /
7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
ADOPTED by the City Council this _____ day of _______________, 2024. ______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly adopted at a meeting of the City Council on the _____ day of _______________, 2024, by the following vote, to wit:
A
yes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this _____ day of _______________, 2024. ______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\rc-
citylaw\cycom\wpdocs\d028\p041\00867178.doc
24-1439 JCL 10/03/24
EXHIBIT “A”
Chapter 9.11 – CAMPING AND ENCAMPMENTS
Section 9.11.010 - Purpose.
The Council finds that the City is committed to protecting the life, health, and safety of all people in the City of Riverside and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas.
Additionally, the Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this Chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.
Section 9.11.020 - Definitions.
For purposes of this Chapter, defined terms appear in italics. The following definitions apply in this Chapter:
Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in Section
9.11.040.
Bulky item means any item that is too large or a group of items that cumulatively are too large to fit in one 60-gallon trash container with the lid closed, including, but not limited to, a mattress, couch, chair or other furniture or appliance. The following items shall not constitute a bulky item: a portable, collapsible picnic chair or table, bicycle or any item approved for a City-authorized special event.
Camp means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
Camp paraphernalia means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.
City Manager means the Chief Administrative Officer of the City, or his designee.
Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
Open space means any undeveloped public property either primarily in its natural state, including canyons, and unimproved waterways, or that is held out by the City or used by the public for passive recreational
purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
Park means any public property, whether developed or undeveloped, held out by the City or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space within the City.
Personal property means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication and household items.
Shelter means any City-funded shelter or shelter provided as part of the City’s Department of Housing and Human Service coordinated response for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the City’s website and is available through 3-1-1 Riverside.
Waste means material of any nature that constitutes Rubbish, Solid Waste, Liquid Waste or Medical Waste.
Waste also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other Public Property. Waste includes Hazardous waste as defined in California Public Resources Code section 40141.7 and Infectious waste as defined in California Code of Regulations, title 14, section 17225.36. Waste does not include compost piles, composting or Recyclable Material properly contained and disposed of in a timely fashion.
Wildland Urban Interface means a public geographical area identified by the State of California as a "Fire Hazard Severity Zone" in accordance with Public Resources Code Sections 4201 through 4202 and Government Code Sections 51175 through 51189.
Section 9.11.030 - Unauthorized Encampments on Public Property.
A. At all times, regardless of the availability of shelter space or beds, it is unlawful and a public nuisance for any person to camp, to maintain an encampment, or place any bulky item in or upon any public property, including in any street, sidewalk, park, and open space , unless specifically authorized by the City Manager.
B. At all times, regardless of the availability of shelter space or beds, it is unlawful and a public nuisance for any person to camp, or to maintain an encampment, or place any bulky item where such activity poses (Expedited Abatement applicable, see Section
9.11.040(H)):
1. An immediate threat or an unreasonable risk of harm to any natural person,
2. An immediate threat or an unreasonable risk of harm to public health or safety, or
3. Disruption to vital government services.
C. At all times, regardless of the availability of shelter space or beds, it is unlawful and a public nuisance for any person to camp, to maintain an encampment, or place any bulky item in the following locations:
1. Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of section 9.11.030(c) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
2. Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
3. In any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
4. In the Wildland Urban Interface.
Section 9.11.040 - Abatement of Encampments.
The City Manager may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:
A. Written Notice Required Prior to Abatement
1. A written Notice of Clean-Up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 24 hours for persons to remove their personal property.
2. After 24 hours, the City Manager shall conduct abatement of the site on the date posted on the Notice of Clean-Up. If abatement is delayed or rescheduled, the City Manager may conduct abatement within 48 hours of the posted Notice of Clean- Up without reposting a new Notice of Clean-Up. If abatement is delayed longer, the City Manager shall repost a Notice of Clean-Up with a new date.
B. The City Manager shall follow these additional procedures when persons are present at an encampment during abatement:
1. When shelter is available, the City Manager shall offer any person at an encampment with shelter and service information and direct them to remove their belongings from the site.
2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
3. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken by City for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this
Section.
C. The City Manager shall document the abatement process as follows:
1. Photograph or video record the site before, during, and after the abatement process.
2. Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage.
3. Set out items contained in bags or suitcases and photograph the items.
D. Unclaimed items found in abatement shall be eligible for storage if:
1. Circumstances indicate that the item belongs to a person,
2. The item has apparent utility in its current condition and circumstances, and
3. The item can be safely retrieved from the site.
Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
E. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
1. Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;
2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;
3. Bulky items that are practically un-storable, due to large size, weight, or other similar characteristic;
4. Contraband or stolen; or
5. Is on the City Manager’s current list, published on the City’s website, of common types of items that, in the experience of City staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
F. The City Manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 60 calendar days and then may be disposed.
G. After abatement has concluded and when eligible items are collected and will be placed in storage by City, the City Manager shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of
stored items shall also be available on the City’s website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.
H. Expedited Abatement
1. In an expedited abatement , the City Manager shall follow the same abatement and storage procedures in Section 9.11.040 but shall post a Notice of Clean-Up giving a minimum of 3 hours for all persons to remove their personal property.
2. The City Manager shall prioritize and expedite the removal of an encampment if:
a. The City receives direction from County of Riverside or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or b. The City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.
Section 9.11.050 - Interference with abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a City official, employee, contractor, or volunteer in their execution of an abatement pursuant to this section.
Section 9.11.060 - Enforcement.
A. Unless otherwise specified herein, all administrative citations issued for violations of this chapter shall be subject to the provisions set forth in Chapter 1.17 of this Code, including but not limited to, the administrative hearing and appeal process and the City's authority to use any civil remedy available to collect any unpaid administrative fines.
B. Violations of this Chapter may be prosecuted as misdemeanors or infractions subject to Section
1.01.110.
C. If any part or provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the Chapter , including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.