Agenda Item _IQ_
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Chris Mann, City Manager �
Steven Pacifico Graham, City Attorney
FOR: City Council Meeting of March 13, 2023
SUBJECT: Discussion l Direction Regarding Chapter 12.06 - Camping RECOMMENDATION:
Based on the analysis below, the City Manager and City Attorney's Office recommend that the City Council hold a discussion and provide direction on updating the City ofYucaipa's camping ordinance (Chapter 12.06) to ensure compliance with the 9�h Circuit Court of Appeal decision in Boise v. Martin.
BACKGOUNDIDISCUSSION:
In 2018 the 9th Circuit Court of Appeals in Boise v. Martin ruled that it is unconstitutional for cities to enforce anti-carnping ordinances against homeless individuals who have no other available shelter.
The court found that such enforcement violates the Eighth Amendment's prohibition against cruel and unusual punishment. The decision has since led to many cities updating; their camping ordinances to ensure compliance with the ruling,
The City of Yucaipa's camping ordinance was originally enacted by Ordinance No. 336 in 2015 and has not been updated following the Boise decision. Since 2018, there has been a significant reduction in enforcement as the ordinance's current language would be difficult to defend following the Boise decision as the current ordinance does not provide any exemptions or exceptions for homeless individuals who may have no other available shelter.
To ensure enforceability and constitutionality of the City's camping ordinance, the City Council should consider updating the ordinance.
For example, the City of Hemet recently updated their ordinance to remove all references to sleeping in public places and instead now regulates "Obstructing Public Property." The relevant section of that city's municipal code is attached hereto as Attaclunent 1 for the City Council to review and aid in discussion.
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Attachment 1
City of Hemet Municipal Code Section 53-2 (Amended 01-11-2022) Sec. 53-2. - Obstructing public property.
(a) No person shall obstruct a street, sidewalk, or other public right-of-way in any manner, including but not hmited to, by sitting or lying, or by storing, using, maintaining, or placing personal property:
1) In a manner that impedes passage by reducing the width of a sidewalk to fewer than 48 inches, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat, 328 (1990), as amended from time to time; 2) Within 20 feet of any:
a. Operational or utilizable driveway or loading dock;
b. Operational or utilizable building; entrance or exit; c, Any fire hydrant, fire plug, or other fire department connection; 3) Within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the city has issued a permit. (b) No person shall obstruct any portion of any street or other public right -of- way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting or lying, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public right-of-way.(c) (c) Except as limited by subsection (d), no person shall obstruct, including to sit or lie, or store, use, maintain, or place personal property, in or upon any street, sidewalk, or other public right- of-way or public property:
1) Within 500 feet of a sensitive use. As used in this chapter, "sensitive use" means a property used as a school, day care center, public park, or public library; 2) Within 500 feet of a tunnel, bridge, pedestrian bridge, wash, flood control channel, domestic water well or pump station, common area landscaping maintained by the city, fire station, police station, reservoir, or spreading ground; 3) Within 500 feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center; 4) That has been posted with signage prohibiting sitting or lying, or storing, using, maintaining, or placing personal property. In order to designate a section of street, 525
sidewalk, or other public right-of-way or public property as prohibited under this subdivision, the city manager shall detennine, based on specific documentation, that the circa nstances of continued sitting or lying, or storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety.
5) In or upon any parking area or path of travel open to the public that has been posted with signage prohibiting sitting or lying, or storing, using, maintaining, or placing personal property and referencing this chapter.
(d) No person shall be found to be in violation of any prohibition set forth in subsection (c), unless and until either: (i) signage is posted at the designated area indicating that sitting or lying, or storing, using, maintaining, or placing personal property is prohibited, or (ii) the person has been provided with a warning that sitting or lying, or storing, using, maintaining, or placing personal property is prohibited in the designated area. (e) Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies acid enforcement measures authorized by this Code. 526