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URGENCY ORDINANCE AMENDMENTS TO THE MUNICIPAL CODE REGARDING UNAUTHORIZED CAMPING OR ENCAMPMENTS ON PUBLIC PROPERTYCity CouncilOctober 22, 2024City Attorney’s Office RiversideCA.gov2
Eighth Amendment prohibited the imposition of criminal penalties for sitting, sleeping, or lying outside on public property on homeless individuals who could not obtain shelter; while this was not to say that city had to provide sufficient shelter for the homeless, as long as there were a greater number of homeless individuals in city than the number of available beds in shelters, city could not prosecute homeless individuals for involuntarily sitting, lying, and sleeping in public on the false premise they had some choice in the matter.Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584BACKGROUND1 2 10/8/2024
2 RiversideCA.gov3
City ordinances which prohibited sleeping or camping on public property and which provided for progressive consequences in form of civil fines, exclusion orders, and criminal prosecution for trespass did not constitute cruel and unusual punishment when applied to individuals experiencing homelessness, even if homelessness was involuntary; sanctions were not designed to superadd terror, pain, or disgrace, sanctions were similar to usual modes for punishing offenses throughout the country, ordinances did not criminalize mere status, as ordinances could apply, for example, to backpacker passing through on vacation or a student who abandoned their dorm room to camp out in protest on lawn of municipal building, and Eighth Amendment protections did not apply to any claim of selective enforcement.City of Grants Pass, Oregon v. Johnson (2024) 144 S.Ct. 2202BACKGROUND RiversideCA.gov4
State law which made “status” of narcotic addiction a criminal offense, inflicted a “cruel and unusual punishment,” in violation of the Fourteenth Amendment.Robinson v. California (1962) 370 U.S. 660.Texas has not sought to punish a mere status; impose a criminal sanction for public behavior which may create substantial health and safety hazards, both for appellant and for members of the general public, and which offends the moral and esthetic sensibilities of a large segment of the community.Powell v. State of Tex. (1968) 392 U.S. 514, 532BACKGROUND3 4 10/8/2024
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PUBLIC HEALTH AND SAFETY RISKS
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PUBLIC HEALTH AND SAFETY RISKS
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The proposed Urgency Ordinance establishes that it is unlawful for any person to camp in or upon any public property.Within two blocks of an elementary, middle, or high school citywide.Within two blocks of any shelter citywide, provided signs are posted prohibiting camping that are clearly visible to pedestrians.In any park citywide, provided signs are posted prohibiting camping that are clearly visible to pedestrians.In the Wildland Urban Interface.ORDINANCE KEY FACTS RiversideCA.gov10
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; andIn 2023, 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 The City counted approximately 730 encampments, including contacts and notices issued, along the riverbed in 2023 and collected over 267.29 tons of trash.HOMELESS IN THE CITY OF RIVERSIDE9 10 10/8/2024
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/E-WasteGarbage – Hazardous/MedicalHousehold Hazardous/Special WastesHuman and Animal Biological WastesMedical Wastes, Sharps Waste and Pharmaceutical WastesCombustible and Noncombustible RubbishUsed OilRecyclablesAbandoned VehiclesNon-CRV RecyclablesDead AnimalsWaste TiresPUBLIC HEALTH AND SAFETY RiversideCA.gov12
Just prior to 2019, California experienced a large hepatitis A outbreak, primarily among persons experiencing homelessness and/or using drugs in settings of limited sanitation. (CDC website)California - 708 Cases - 464 (66%) HospitalizationOn June 5, 2023, a 3-year-old child suffered Fentanyl exposure and stopped breathing. The child, his 2-year-old sister, 5-year-old brother, and parents had been experiencing homelessness for the past few months and living in their car. All exposed to Fentanyl, parents died attributed to illicit drug use. PUBLIC HEALTH AND SAFETY11 12 10/8/2024
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California is Home to Half Homeless in this Nation.78 % Mental Health / 75 % Substance AbuseEncampments: Freedom No Rules; Illegal Drugs, Fentanyl/Heroin; Exponential Increase Crimes; Sexual Assault; Seattle 2022 40% ShootingsLack Proper Sanitation: Typhus, Shigella, Trench FeverAdults/Children Navigate Needles, FecesSeattle & Portland 60-70% Services DeclinedCITY OF GRANTS PASS, OREGON V. JOHNSON (2024) 144 S.CT. 2202 RiversideCA.gov14
2.4. Support programs and innovations that enhance community safety, encourage neighborhood engagement, and build public trust.6.2. Maintain, protect and improve assets and infrastructure within the City’s built environment to ensure and enhance reliability, resiliency, sustainability, and facilitate connectivity.
STRATEGIC PLAN ALIGNMENT13
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That the Honorable Mayor and City Council:1. Receive a report regarding a proposed Urgency Ordinance to regulate homeless encampments throughout the City of Riverside; and2. On September 18, 2024, the Safety, Wellness, and Youth Committee voted 3-0 to recommend that the City Council approve and adopt the proposed Urgency Ordinance regarding the regulation of camping and encampments.RECOMMENDATIONS15