TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Naved Qureshi, Commander
DATE: January 30, 2026
SUBJECT: INTRODUCTION OF ORDINANCE NO. O-26-1425 (FIRST READING) AMENDING SECTION 14.05.01 (DISORDERLY
CONDUCT) OF CITY OF SAN MARINO MUNICIPAL CODE
CHAPTER XIV, ARTICLE 5, AND ADDING SECTIONS
14.05.05 (ENFORCEMENT) AND 14.05.06 (PROHIBITION
ON HABITATION IN VEHICLES ON PUBLIC STREETS OR
PUBLIC PARKING LOTS) TO CITY OF SAN MARINO
MUNICIPAL CODE CHAPTER XIV, ARTICLE 05
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Engaged and Connected Residents
Efficient, Responsive, and Effective City Services
Safe Community
BACKGROUND
In recent years, two decisions by the Ninth Circuit Court of Appeals significantly narrowed the permissible scope of local regulations of public camping in Martin v. Boise (“Martin”) and in Johnson v. City of Grant Pass Oregon (“Johnson”).
The legal and policy developments have clarified and reinforced local governments’ authority to regulate homeless encampments when such regulations are grounded in legitimate health and safety concerns. A recent court ruling has affirmed that cities may adopt and enforce reasonable restrictions on camping and encampments in public spaces, provided those Tony Chou, Mayor
Calvin Lo, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Gretchen Shepherd Romey, Council Member
regulations are not punitive in nature and are justified by public health, safety, and welfare considerations.
In addition, the Governor has issued guidance encouraging cities and counties to proactively address encampments through the adoption of clear local regulations. This guidance emphasizes the importance of balancing compassion for individuals experiencing homelessness with the responsibility to maintain safe, sanitary, and accessible public spaces for the broader community.
In response to recent developments, the proposed ordinance seeks to amend the Municipal Code to update and clarify the City’s encampment regulations.
These amendments aim to establish clear criteria for when and where camping may be restricted due to health and safety concerns. They also identify sensitive areas where encampments are prohibited because of heightened risks.
The amendments outline procedures for notice, outreach, and coordination with service providers, and ensure consistent enforcement mechanisms in line with current legal standards. Together, these changes are intended to make the City’s regulations more transparent. The changes focus on protecting public health and safety while fostering constructive engagement with individuals experiencing homelessness.
DISCUSSION
Recent court decisions have confirmed that cities have the authority to regulate camping in public spaces. While the Eighth Amendment limits excessive punishment, it does not prohibit municipalities from enforcing laws that restrict public camping. The Court upheld the City of Grants Pass’ ordinance, finding that its progressive enforcement approach is constitutional and consistent with practices used by many cities.
The Court further clarified that public-camping ordinances regulate conduct rather than a person’s housing status and therefore do not criminalize homelessness. These regulations apply uniformly to all individuals who engage in camping in public areas, regardless of personal circumstances.
As a result of this decision, cities in California may update and enforce encampment regulations to address public health and safety concerns. Local governments must balance compassion for individuals experiencing homelessness with the responsibility to keep public spaces safe, clean, and accessible. When encampments are unmanaged, they can present fire
hazards, sanitation issues, blocked pedestrian access, and impacts to environmentally sensitive areas.
In response, these amendments establish a transparent and consistent framework for enforcement, notification, cleanup, and the protection of personal belongings. The amendments also create opportunities for outreach teams to engage individuals living in encampments and connect them with shelter, health services, and longer-term support. This approach benefits the broader community by improving public safety and accessibility, while supporting unhoused individuals through increased access to services.
Specifically, Section 14.05.05 clarifies and standardizes the City’s enforcement procedures related to encampments on public property. It establishes uniform requirements for advance notice, outreach, and reasonable efforts to offer shelter and supportive services prior to enforcement actions, except in exigent circumstances. The section also sets forth clear standards for notice, enforcement scheduling, post-enforcement procedures, and the collection, storage, and disposal of personal belongings in a manner that protects public health and safety while preserving items of personal value.
In addition, new Section 14.05.06 prohibits the use of vehicles for human habitation on public streets and public parking lots. It defines “habitation” and specifies enforcement and penalty provisions intended to address public safety, sanitation, and nuisance concerns.
Together, these amendments promote lawful, humane, and consistent enforcement, provide clear guidance to City staff and the public, reduce ambiguity and potential legal exposure, and support the City’s interest in maintaining public health, safety, and order.
FISCAL IMPACT & PROCUREMENT REVIEW
This ordinance will not create any fiscal impacts.
LEGAL REVIEW
Apart from the staff time necessary to draft and implement this Ordinance, there is no anticipated direct fiscal impact.
RECOMMENDATION
Staff recommends the City Council introduce for first reading Ordinance No.
O-26-1425. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-26- 1425, an Ordinance of the San Marino City Council amending Municipal Code Section 14.05.01 and adding sections 14.05.05 and 14.05.06 to City of San Marino Municipal Code, adding disorderly conduct, enforcement, and prohibition of habitation in vehicles on public streets or public parking lots.”
ATTACHMENTS
1. San Marino Ordinance No. O-26-1425, Proposed San Marino Municipal Code Section 14.05.05 and Section 14.05.06