REPEALING AND REPLACING
CHAPTER 11-22 OF THE SANT A ROSA
CITY CODE –CAMPING ORDINANCE
City Council
August 8, 2023
Kelli Kuykendall
Housing and Community Services
1 Current Ordinance
• Chapter 11-22 – Camping on Public
Streets and Public Property, adopted by
Council in 1994
• Applies to camping on public and
private property within the Santa Rosa
city limits
• Prohibits camping on public property
and conflicts with Martin v. City of Boise,
a 2019 decision by the U.S. Court of
Appeals for the Ninth Circuit.
• Martin prohibits cities from criminally
enforcing camping restrictions on public
property if there is no alternative shelter
available for those facing enforcement
2 Ordinance Amendments
3 Adopted Effective
Ord.
No. Provisions Amended
9/20/1994 10/21/1994 3147 Adopted – Prohibit habitation of vehicles, camping on public and private
property
11/10/2011 11/10/2011 3977 Urgency ordinance – regulate camping on public property in response to
issues that arose during the Occupy
Santa movement
1/24/2012 2/24/2012 3979 Eliminated the permitting option allowed under 3977 and restored
camping prohibition on public property
9/24/2013 10/25/2013 4010 Repealed prohibition on habitation of vehicles
Ordinance Changes
• Martin limits v. prohibits
enforcement of camping on public
property
• CA Jurisdictions updating
ordinances
Align with Martin
Adopt time, place, manner
restrictions on camping activities
4 City Practice
• Offer services and shelter prior to
any enforcement action
• Prioritize encampments that pose
an immediate threat to health and
safety
• Enforce violations of law, other
than camping, consistently
throughout City regardless
of housing status
5 Health & Safety Impacts
• Increased City resources to mitigate
• Threat to individuals residing in
encampments, surrounding
neighborhoods and businesses
• Fires/fire hazards, debris/garbage,
hazardous/biohazardous waste,
illegal activity, environmental harm
• Violate state and federal regulations
– water quality protection and clear
paths of travel
6 City Efforts
• Declared Homeless Emergency
• Established Homeless Services
Division
• Invest approx. $5M annually, $10M
COVID response
• Innovative Programs
inRESPONSE
Safe Parking Program
• City Encampment Team
• $3.8M State Encampment
Resolution Funding
7 Summary of Recent Ordinances
Rohnert Park
• Prohibits camping and storage of
personal property in specific
areas
• Establishes conduct regulations
prohibiting certain activities
• Prohibits camping on private
property
• Violations – Misdemeanor or
infraction
8 Summary of Recent Ordinances
County of Sonoma
• Prohibits camping in specific
areas
• Prohibits camping in remaining
areas – 7am to 9pm
• Prohibits camping on private
property
• Violations – Misdemeanor
9 Proposed City Ordinance
Prohibits camping and storage of
personal property in specific areas:
• City Parks
• Public right-of-way that impedes
passage by pedestrians, cyclists,
vehicles
• 25 ft. of driveway/loading dock;
building entrance/exit; fire hydrant,
lane, connection/equipment, transit
hubs/bus shelters
• 150 ft. of high-water mark
• 100 ft. of school 10
Proposed City Ordinance
If alternate shelter is not available –
Establishes conduct regulations
prohibiting certain activities:
• Occupying an area greater than
10x10 ft.
• Camping within 4 ft. of another
person
• Dumping gray/black water
• Unpermitted electrical
connections
• Possession of combustible
gas/liquids
11 Proposed City Ordinance
Continued
• Fires except for cooking in City
installed facilities
• Improper disposal of
hypodermic needles
• Environmental harm
• Damage to public property
• Camping near vegetation that
could aid in spreading fire
• Excessive noise 12
Proposed City Ordinance
Private Property
• Permission of property owner
• Limits location and duration
of stay
• Access to facilities
• Community Homeless
Assistance Program (CHAP)
Violations – Misdemeanor
13 Comparison of Ordinances
14 Time Place Manner
Santa
Rosa
No Yes Yes
Rohnert
Park
No Yes Yes
County Yes
7am-
9pm
Yes No
Implementation
• City Encampment Team
• Ordinance intended to mitigate
health and safety impacts of
encampments
• Not a solution to homelessness
15 Recommendation
16 It is recommended by the Housing and
Community Services Department that Council
introduce an ordinance repealing and
replacing Chapter 11-22 of the Santa Rosa City
Code (Camping on Public Streets and Public
Property) to: 1) eliminate a blanket ban on
camping on public property to align with
Martin v. City of Boise, a 2019 decision by the
United States Court of Appeals for the Ninth
Circuit; and 2) establish standards for camping
on public or private property that protect the
health and safety of the community.