ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: D2
Prepared by: John Conley, City Manager Meeting Date: April 23, 2024 Approved by: John Conley, City Manager Agenda Location: Discussion SUBJECT: UNAUTHORIZED ENCAMPMENTS ON PUBLIC PROPERTY
RECOMMENDATION: Discuss unauthorized encampments on public property and provide direction to staff.
PRIOR ACTION: None.
STATEMENT ON THE SUBJECT: Mayor Franklin requested the City Manager place a discussion item on an upcoming agenda to discuss unauthorized encampments on public property.
In June 2023, the City of San Diego established new regulations prohibiting encampments on public property and codifying how, when and where the city may abate or conduct enforcement related to violations of the regulations. Exhibit 1 provides a summary of these regulations for the City Council’s discussion.
FISCAL IMPACT: There is no direct fiscal impact associated with this discussion item.
EXHIBITS:
1.Summary of unauthorized encampment regulations adopted by the City of San Diego AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Discussed unauthorized encampments on public property and provide direction to staff to bring back an ordinance prohibiting camping within two (2) blocks of a homeless shelter, two (2) blocks of a school, and 250 yards of a play structure or recreation field if a bed is offered and refused. The City Council directed staff to bring the ordinance back once the Supreme Court has issued its ruling on City of Grants Pass, Oregon v. Johnson.
Vote: 4-1 (Contreras opposed)
Protection of Waterways
UNLAWFUL TO:
1. Build/Erect a structure along the banks
of any waterway; or affix an object into
any tree or vegetation to build an
encampment;
2. Move large rocks or destroy vegetation
or paths created by City (reconfigure
landscape) in any waters or along banks of
waterway;
3. Drive, park, or bring any vehicle along
the banks of a waterway unless
specifically designated;
4. Dig on the banks of a waterway, or
5. Discharge or store waste, including
garbage, refuse, or human or animal
waste along the banks or into the waters
of a waterway.
Unauthorized Encampments
UNLAWFUL TO:
1. Camp or maintain an encampment
on public property unless
specifically authorized by City
Manager;
Unlawful Regardless of Shelter:
2. Camp or maintain an encampment
where such activity poses:
a. An immediate threat or
unreasonable risk of harm
to a person;
b. An immediate threat or
unreasonable risk of harm
to public health or safety; or
c. Disruption to vital
government services.
3. Camp or Maintain a Camp:
a. Within 2 blocks of a school
does not include vocational
or higher education);
b. Within 2 blocks of any
shelter;
c. In any open space, water
way or banks of waterway;
d. Within a transit hub, trolley
platform or trolley tracks;
e. Any park that CM
determines there is a
substantial public
health/safety risk.
Enforcement
1. Misdemeanors
2. Except as otherwise indicated,
shall not issue a criminal citation
between hours of 9:00pm and
5:30am or when the person is on
public property at a time when no
shelter is reasonably available.
Abatement
CM REMOVE PROPERTY:
1. Written notice Required:
a. Posted on tent or distinct area
of encampment.
b. Minimum 24 hours notice
c. Date and time for abatement
2. After 24 hours, CM abate on date and
time on notice.
a. If abatement is delayed more
than 48 hours, must re-post
new date and time of
abatement.
3. If persons present during abatement:
a. Offer available shelter
b. Allow persons to remove
personal property
4. If property cannot be readily
identified:
a. Photograph and record
abatement process.
b. Store property for 90 calendar
days
EXPEDITED ABATEMENT:
Same process as above with a minimum of 3
hours notice.
04/23/2024 D2 2 of 2
EXHIBIT 1