Police Department
www.santa-ana.org/pd
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 19, 2024
TOPIC: Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
AGENDA TITLE
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and Chapter 36 of the Santa Ana Municipal Code
RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance adding and amending various articles and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with public rights of access to public property to address changes in the law brought by the City of Grants Pass, Oregon v. Johnson, et. al., 144 S. Ct. 2202 (2024):
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCE WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND
MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10, CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC) TO
PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESS TO
PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024) GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City of Santa Ana, including all city departments, remains committed to ensuring the safety, health, and general welfare of all of its residents, visitors, and businesses. As part of that commitment, it 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
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code
November 19, 2024
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property, both public and private, by the disabled, elderly, families, children, and visitors to the City of Santa Ana. The Police Department is primarily responsible for the enforcement of the laws and the Public Works Agency collaborates with the Parks, Recreation, and Community Services Agency to maintain the cleanliness of all public areas, including the parks.
The City has taken proactive measures to address the underlying issues leading to unlawful camping and the storage of personal items on public property, including, but not limited to, the implementation of two outreach and engagement teams to address needed resources for unsheltered persons. On June 12, 2022, the City opened the Navigation Center, which operates 24 hours a day, seven days a week, providing 200 beds for men, women, couples, and families, a commercial kitchen, and an outdoor area for participants and their pets, to provide shelter to homeless persons in the City of Santa Ana. Despite these efforts, the challenges persist.
In May of 2024, the County of Orange released its 2024 point in time count and estimated a total of 7,322 individuals experiencing homelessness living in Orange County, a 28% increase from two years prior. During the same count, it was estimated the City of Santa Ana has 871 unsheltered persons living in the City, a significant increase from 2022, where it was estimated the City had 508 unsheltered persons living in the City.
The City of Santa Ana has adopted regulations to address interference and access to public areas and continues to look for ways to provide necessary resources to the unsheltered in order to provide a multi-faceted and holistic approach to ensuring the safety, health, and general welfare of all of its residents. However, the public continues to express concern that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights-of-way to sit, sleep, and lie down.
In 2024, the United States Supreme Court issued new law addressing the enforcement of laws regarding sleeping, camping, and storing personal property in public parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) (“Grants Pass”).
Based upon the court’s ruling, City Staff recommends adding to and amending the Santa Ana Municipal Code to provide additional enforcement mechanisms to complement and enhance existing efforts to the on-going Quality of Life challenges experienced by our residents, visitors, and businesses.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code
November 19, 2024
4 6
9 0
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance (Redline for First Reading)
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, City Manager