DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Introduction of Ordinance No. MC-1673 Amending Chapter
12.98 of the City’s Municipal Code Related to Camping on Public Streets and Parks
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, Read by Title Only, and Waive Further Reading of Ordinance No. 1673 of the Mayor and City Council 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 right of ways, and scheduling the second reading and adoption for the October 7, 2026 regular meeting of the Mayor and City Council.
City Manager's Comments
The City Manager recommends approval of first reading of the Ordinance.
Executive Summary
Following the U.S. Supreme Court’s City of Grants Pass v. Johnson decision and Governor Newsom’s Executive Order N-1-24, the City may strengthen its regulations regarding camping on public property. Despite the City’s ongoing efforts to address homelessness, encampments continue to impact public health, safety, and access to public spaces. The proposed amendments clarify camping regulations and procedures for the removal and repossession of personal property to help maintain safe, clean, and accessible public areas.
Background
On July 25, 2024, Governor Gavin issued Executive Order N-1-24, following the Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, et al., 144 S.
Ct.2202 (2024), which encouraged 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.
Prior to the aforementioned case and order, municipalities were required to demonstrate possession of adequate shelter beds available for individuals before enforcing camping prohibitions on public property, or risk facing eighth amendment “cruel and unusual” punishment charges. However, the ruling in Grants Pass clarified that creation and enforcement of anti-camping ordinances, did not constitute an eight amendment violation, and therefore expanded cities’ ability to regulate unauthorized camping.
Discussion
The City has previously adopted ordinances to address, regulate, and enforce camping and unauthorized personal storage violations in various public spaces, including public parking lots and along public streets. However, the number of individuals experiencing homelessness and residing in encampments on public property within the City has increased significantly over the years.
The City has taken numerous steps towards addressing the homelessness issue within the area, including applying for various public housing grants, partnering with local agencies and nonprofits to provide shelter to those in need, and developing City-owned shelters to target vulnerable populations. Even with these efforts, many of the encampments still remain and pose significant risks to public health and safety, including increased fire hazards, accumulation of waste, obstruction of public access and public health risks.
Given the recent legislative updates and the City’s continued commitment to addressing homelessness through a multifaceted approach, staff believes amending the current code to clarify camping abilities and detail the removal and repossession of personal storage will help keep the City’s public areas clean, safe, and available for public use by all residents, visitors, families, and children alike.
Strategic Goals and Priorities
Approval of Ordinance No. 1673 aligns with Goal No. 2b “developing and implementing a community engagement plan,” and Goal No. 3a, “reducing the burden of homelessness through engagement, collaboration, and alignment with other entities.” The Mayor and City Council’s approval of the City’s ordinance provides the public with a focused and aligned plan to engage with the community, while also working to improve the quality of life for residents.
Fiscal Impact
No fiscal impact to the City.
OR
The fiscal impact to the City would amount to minor increases in staff costs for enforcement of the ordinance, including patrol, administrative, and storage fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, Read by Title Only, and Waive Further Reading of Ordinance No. 1673 of the Mayor and City Council 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 right of ways, and scheduling the second reading and adoption for the October 7, 2026 regular meeting of the Mayor and City Council.
Attachments
Attachment 1 Ordinance No. MC- 1673
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A