Ordinance No. MC-1673
1 ORDINANCE NO. MC-1673
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO , CALIFORNIA
AMENDING CHAPTER 12.98 OF TITLE 12 OF THE CITY
MUNICIPAL CODE RELATED TO CAMPING ON PUBLIC
STREETS AND PARKS AND OBSTRUCTION OF PUBLIC
RIGHTS OF WAY
WHEREAS, Section 300 of the City Charter of the City of San Bernardino (“City”) vests the City Council and Mayor with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant t o any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; and
WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24, following the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520, which encourages local governments to adopt policies and use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs, to take urgent action to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them; and
WHEREAS, City of San Bernardino has adopted ordinances to address, regulate and enforce violations of both camping and storage of personal property in parks, streets and public parking lots or public spaces, improved or unimproved; and
WHEREAS, Chapter 12.98 (Camping on Public Streets and Parks) to Title 12 (Streets, Sidewalks, and Public Places) (“Chapter 12.98”) of the City’s Municipal Code (“Code”) outlines the requirements to maintain public streets and areas within the City in a clean and ac cessible condition; and
WHEREAS, the number of individuals experiencing homelessness and residing in encampments on public property within the City has increased significantly, and these encampments pose significant risks to public health and safety, including increased fire hazards, accumulation of waste, obstruction of public access and public health risks; and
WHEREAS, residents of homeless encampments face considerable health and safety risks including exposure to the elements, worsening of chronic health conditions, increased vulnerability to crime and theft and more prolonged periods of homelessness; and
WHEREAS, the City is committed to addressing homelessness through a comprehensive approach that includes providing adequate shelter and supportive services while also ensuring the safety, health and general welfare of all of its residents, visitors and businesses; and
Ordinance No. MC-1673
2 WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep the public areas clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, famili es, children, and visitors to the City of San Bernardino; and
WHEREAS, for all of the foregoing reasons, the City Council desires to amend Chapter
12.98 to provide additional protections for the public health, safety and general welfare and additional enforcement mechanisms for those purposes.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct, and are incorporated herein by this reference.
Section 2. Amendment. Chapter 12.98 is hereby repealed in its entirety and replaced with the language in Attachment “A,” which is attached hereto and incorporated herein by this reference.
Section 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.
Section 4. CEQA. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment.
Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ______ day of ______ 2026.
Ordinance No. MC-1673
3 Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Albert J. Maldonado, City Attorney
Ordinance No. MC-1673
4 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1673, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1673 was approve passed and adopted at a regular meeting held the ___ day of 2026 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ________ 2026.
Telicia Lopez, CMC, City Clerk
Ordinance No. MC-1673
5 ATTACHMENT A
Chapter 12.98 Municipal Code Updates
CHAPTER 12.98: CAMPING ON PUBLIC STREETS AND PARKS
Sections:
12.98.010 Purpose
12.98.020 Definitions
12.98.030 Unlawful camping
12.98.040 Storage of personal property in public places
12.98.050 Obstruction of public access to sidewalks, trails, public facilities, and other public rights of way, and other public offenses
12.98.060 Abatement of encampments and camp facilities and materials
12.98.070 Enforcement
§ 12.98.010 PURPOSE.
The public streets and areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for the purposes for which they were intended. The purpose of this chapter is to maintain public streets and areas within the city in a clean and accessible condition.
§ 12.98.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP. To place, pitch, establish or occupy any temporary structure or materials including but not limited to the laying down of bedding or erecting a tent for the purpose of temporarily, irregularly, or permanently sleeping, staying, living, or residing. An activity shall constitute camping or lodging when it reasonably appears, in light of all circumstances, that the individual(s), in conducting these activities, are in fact using the area as living accommodations, including to dwell or reside, regardless of the intent of the individual(s) or the nature of any other activity in which they may be engaging.
CAMP FACILITIES OR MATERIALS. Includes but is not limited to, tents, huts, tarpaulins, cardboard boxes, blankets, bedrolls, mattresses, cots, sleeping bags, hammocks, lawn and folding chairs, cooking equipment, fire starters, materials used for fire fuel, ice chest, and similar items, or vehicles, including Recreational Vehicles (RV), operable or otherwise.
Ordinance No. MC-1673
6 ENCAMPMENT. Places where a group of individuals reside that is not intended for long-term, continuous occupancy.
ENFORCEMENT OFFICER. Any code enforcement officer or other city employee or agent of the city with the authority to enforce any provision of the municipal code.
PARK. Means the same as defined in § 12.80.020, as amended from time to time, which currently means all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of the Parks and Recreation Department.
PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, items used for camping such as tents or bedding, money, books, and shopping carts.
PUBLIC PROPERTY. Includes but is not limited to, public buildings, streets, right-of-way, sidewalks, bus benches, trails, alleys, medians, greenways, parks, waterways, canal banks, curbs, crossings, intersections, parkways, highways, boulevards, tunnels, bridges, thoroughfare or any other similar public way, a utility easement in which the City has an interest, and other public amenities.
STORE OR STORING. To put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.
STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular and/or pedestrian travel. STREET includes highways. § 12.98.030 UNLAWFUL CAMPING.
(A) It shall be unlawful and a violation of this code for any person to camp, occupy camp facilities or use camping materials on or directly adjacent to public property not specifically designated for day and/or overnight campgrounds. (B) It shall be unlawful and a violation of this code for any person to obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using, or maintaining, or placing personal property on public property:
(1) In a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;
Ordinance No. MC-1673
7 (6) Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine;
(7) Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or cancer treatment center.
(C) This section shall not apply to public property specifically designated for camping or where camping has been authorized by a responsible local, state, or federal agency.
Persons desiring to camp on City or County owned, controlled, or maintained public property designated for camping must comply with applicable laws, regulations, and permitting requirements of the responsible local, state or federal agency. Persons desiring to camp on public property owned, controlled, or maintained by a department of the United States, the California Department of Parks and Recreation, or other local public agencies must comply with the applicable laws, regulations and permitting requirements of the applicable government agency.
(D) Nothing in this ordinance shall prohibit the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of this ordinance.
(E) In the situation where an unpermitted camp is erected and no exigent circumstances exist to public safety, notification to vacate shall be provided at least 72 hours prior to enforcement action.
(F) Notwithstanding subsection (E), if a camp or an encampment poses an imminent threat to life, health, safety or infrastructure, advanced notice to vacate shall be provided only as reasonably necessary under the circumstances.
(G) Nothing in this Chapter shall be read to permit camping on private property without explicit authorization from said property owner.
§ 12.98.040 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.
It shall be unlawful for any person to store personal property, including camp facilities and camp materials, on any public property except as otherwise provided herein this Code. § 12.98.050 OBSTRUCTION OF PUBLIC ACCESS TO SIDEWALKS, TRAILS, PUBLIC
FACILITIES, AND OTHER PUBLIC RIGHTS OF WAY, AND OTHER PUBLIC OFFENSES.
(A) No individual, firm, corporation or association shall obstruct a street, sidewalk, alleyway, trail, highway, entrance to public facilities, driveway, or other public right- Ordinance No. MC-1673
8 of-way by sitting, lying or sleeping, maintaining, abandoning, affixing, attaching, using, or storing personal property in, or upon any street, sidewalk, alleyway, trail, highway, alley intersect, or within any part of the public right-of-way, including all of the following:
(1) Or in a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;
(6) Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine;
(7) Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or cancer treatment center.
(B) Except as excluded under paragraph (C) of this section, any object, material, or substance which hinders or prevents the free passage of the public on that part of sidewalks, trails, public facilities, or other public rights-of-way, where it is located shall constitute an obstruction for purposes of this section. (C) The following shall not constitute an obstruction for purposes of this section:
(1) Legally parked vehicles;
(2) Trash and refuse placed for collection by the municipal collection service; (3) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct; (4) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created; (5) Minor encroachment of buildings and such appurtenances to buildings as are not readily capable of removal;
(6) Any legally located bus passenger bench or shelter or material located in accordance with any municipal permit or authorization or with any requirement or regulation of any state or Federal agency or with any requirement of law.
Ordinance No. MC-1673
9 (D) No individual, firm, corporation or association shall tamper with, injure, deface or commit acts of vandalism upon any bench or bus shelter lawfully upon a public way, pursuant to the provisions of this Chapter.
(E) Immediate Removal: Personal Property in violation of this Section shall be subject to immediate removal by Enforcement Officers.
(F) Nothing in this section shall be construed to in any way limit any other rights or remedies to which the City may be entitled to abate any obstruction or encroachment in the public right-of-way.
§ 12.98.060 ABATEMENT OF ENCAMPMENTS AND CAMP FACILITIES AND MATERIALS.
(A) Notwithstanding Section 12.98.050(E), the City may abate or remove camp facilities and materials, personal property (subject to Section 12.98.060(D)), or an encampment established in violation of this chapter after providing written notice of such abatement.
Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the City, if the encampment poses an imminent and substantial threat to public health or safety, as determined by the Enforcement Officer.
(B) Except in circumstances governed by Section 12.98.050 or where there is an immediate threat to public health or safety, prior to abatement the City will, to the extent possible, provide homeless outreach services to affected individuals in an effort to connect unhoused residents to services. This subsection is directory, not mandatory, and the failure to provide homeless outreach services specified in this subsection does not affect the validity of an abatement action.
(C) Abatement pursuant to this section may include, but is not limited to, removal of camp facilities and materials, personal property, trash, debris, junk, hazardous waste, infectious waste, and vehicles.
(D) Personal Property taken that does not constitute a health or safety hazard, shall be collected, inventoried, and stored for at least 90 days. Personal Property that constitutes a health or safety hazard may be immediately discarded. Examples of Personal Property that constitutes a health or safety hazard and may be immediately discarded includes, but is not limited to, the following:
(1) Sharp objects, such as needles, scissors, knives, that can pierce skin and potentially contribute to the spread of disease.
(2) Chemicals: bleach, paint, oils, etc. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids. (3) Moldy, mildewed items.
(4) Items that may be infested by rodents and insects, including rats, mice, fleas, lice, and bed bugs.
Ordinance No. MC-1673
10 (5) Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. (6) Perishable items such as food.
(7) Controlled substances and contraband.
(8) Backpacks and closed containers that have been determined by an individual who is licensed to identify and handle hazardous materials to contain one or more of the items listed above. Such backpacks and closed containers may be discarded where no individual who is licensed in hazardous materials is present to make a determination.
(9) Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids.
(10) If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.
§ 12.98.070 ENFORCEMENT.
(A) Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.
(B) Nothing in this Section shall be interpreted as limiting an Enforcement Officer from impounding a vehicle used in violation of this Chapter if permitted by Vehicle Code Section 22651.