Agenda Item No. 10
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council Members
FROM: Trevor Benson, Public Safety Manager
FOR: City Council Meeting of August 12, 2024
SUBJECT: Ordinance No. 451, Reinstating the Prohibition on Camping and Storage of Personal Property in Public Spaces following the United States Supreme Court's Decision in Johnson v. City of Grants Pass
RECOMMENDATION:
That the City Council approve the introduction and first reading of Ordinance No. 451, an Ordinance of the of the City Council of the City of Yucaipa, California, amending section 12.06 of the Yucaipa Municipal Code following the United States Supreme Court's Decision in Johnson v. City of Grants Pass.
BACKGROUND/DISCUSSION:
Johnson v. City of Grants Pass is a recently decided landmark case by the U.S. Supreme Court, which addressed the legality of municipal ordinances prohibiting camping in public spaces. The case arose from the enforcement of anti -camping laws in Grants Pass, Oregon, which led to fines and penalties for individuals camping on public property.
The plaintiffs argued that the City of Grants Pass' ordinances criminalized the status of being homeless, thus violating the Eighth Amendment's prohibition on cruel and unusual punishment.
The Ninth Circuit Court had previously ruled in favor of the plaintiffs, holding that the ordinances were unconstitutional when applied to homeless individuals with no other place to go. This was consistent with the Ninth Circuit's decision in Martin v. Boise.
On June 28, 2024, in a 6-3 decision, the Supreme Court reversed the Ninth Circuit's ruling, allowing the City of Grants Pass to enforce its anti -camping ordinances. The majority opinion, authored by Justice Neil Gorsuch, held that the ordinances did not violate the Eighth Amendment when they were applied in a manner targeting the conduct of camping in public spaces, rather than the status of being homeless.
.:Key Points from the Decision:
Conduct vs. Status: The Court distinguished between penalizing conduct (camping in public spaces) and penalizing status (being homeless). It emphasized that the ordinances were
constitutional as long as they addressed the act of camping and not the individual's status as homeless.
Public Health and Safety: The Court acknowledged the City of Grants Pass' interest in maintaining public health, safety, and welfare, which includes regulating the use of public spaces to prevent hazards and ensure accessibility for all community members.
Supportive Measures: The decision noted the importance of cities providing supportive services and resources to homeless individuals. The Court suggested that punitive measures alone are insufficient without adequate support systems.
The proposed ordinance aligns with the Supreme Court's decision by targeting the act of camping and storing personal property rather than the status of individuals. It ensures that enforcement is based on conduct, thereby avoiding unconstitutional penalties based on status. Provisions within the ordinance mandate that enforcement officers attempt to provide notice and opportunities for individuals to remove their belongings before any penalties are applied, ensuring a compassionate and fair approach.
Camping in public spaces often leads to health hazards, unsanitary conditions, and increased risks of fire and crime. The ordinance is necessary to mitigate these risks and maintain the safety and cleanliness of public spaces, fire and crime. This ordinance would apply to anyone camping without a permit, including but not limited to protestors, nature enthusiasts and the homeless.
Through the actions taken by our Solutions Oriented Policing (SOP) Team, the City of Yucaipa has demonstrated its commitment to a holistic approach where enforcement is only one aspect, the City also has various resources provided through its contacts with shelters, housing programs, and other essential services.
FISCAL IMPACT:
None with this item.
Attachments:
1. Ordinance No. 451
Approved by:
ATTACHMENT
ORDINANCE NO.451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING CHAPTER 12.06 OF THE YUCAIPA
MUNICIPAL CODE FOLLOWING THE UNITED STATES SUPREME
COURT'S DECISION IN JOHNSON V. CITY OF GRANTS PASS
WHEREAS, the City of Yucaipa recognizes the need to maintain public order, safety, and the quality of life for all its residents and visitors; and WHEREAS, the City has an obligation to ensure that public spaces such as parks, sidewalks, and other public properties remain accessible and safe for all members of the community; and
WHEREAS, camping in public spaces leads to health and safety hazards, including unsanitary conditions, fire risks, and increased crime; and WHEREAS, the Supreme Court decision in Johnson v. City of Grants Pass affirmed that generally applicable bans on camping in public places do not violate the Eighth Amendment when applied in a manner that does not specifically target individuals based on their status of being unhoused, but rather on the conduct of camping in public places; and WHEREAS, the City of Yucaipa seeks to provide compassionate solutions to homelessness by supporting shelters, housing programs, and services designed to assist individuals in finding stable and permanent housing; and WHEREAS, the City has determined that the enforcement of a ban on camping in public places by anyone is essential to maintaining public health, safety, and welfare; and WHEREAS, the City lacks the facilities for anyone to camp in public, whether due to lack of housing, the desire to recreationally camp, or for any other reason; and WHEREAS, the City Council finds that this ordinance is necessary to promote the health, safety, and welfare of the community, and to preserve the public order and quality of life in the City of Yucaipa.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
The recitals set forth above are hereby adopted as findings in support of this Ordinance.
Section 2: Section 12.06.010 of the Yucaipa Municipal Code is hereby amended to read as follows:
(a) Purpose.
This Section is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the City limits for their intended purposes. Public property within the City should be readily accessible and available to residents and the general public at large. Use of public property for camping or storage of personal property interferes with the rights of others to make use of such shared public spaces for their intended purposes and causes blight, pollution, and damage to public property. This Section is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City, and preserve such open spaces and natural resources.
(b) Definitions.
The following words and phrases, when used in this Section, shall have the below meanings unless it is readily apparent from the context that another meaning is intended. (1) "Camp" or "Camping" means the conduct of more than one of the following activities on public property, when it reasonably appears, in light of all circumstances, that a person is using such public or private property for living accommodation purposes:
(A) sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicle's windows; (B) erecting or using any tent, camp facilities, or building any other form of shelter;
(C) unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;
(D) making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City -provided cooking facilities designed for such purposes; or (E) doing any digging or earth breaking activities for purpose of creating or improving a shelter.
Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property.
(2) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
(3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non -City designated cooking or heating equipment.
(4) "Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights -of -way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.
(c) Camping Prohibited.
It shall be unlawful for any person to camp on any public property within the City, except as otherwise provided herein.
(d) Storage of Personal Property Prohibited.
(1) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein.
(2) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
(A) The location of where the personal property was located; (B) The date and time notice was served or posted;
(C) A statement that the storage of personal property violates this Section; (D) An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed. (E) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval.
(F) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;
(3) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
(e) Exceptions.
The provisions of this Section shall not apply in the event of a declared state of emergency, nor to any persons participating in an event subject to a permit issued in conformity with this Code, nor to camping in public accommodations that are properly zoned, legally established and designated for camping purposes.
(f) Enforcement.
(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Section shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.
(2) The city attorney, in his or her sound discretion, may prosecute a violation of this Section as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Section shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Section within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (3) This Section may be enforced by injunction issued by the superior court upon a suit brought by the City Attorney.
Section 3. Municipal Code Amendment.
Sections 12.06.020 through 12.06.050 are hereby repealed.
Section 4. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 5. Effective Date.
This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Yucaipa.
Section 6. Publication.
The City Clerk is authorized and directed to cause this Ordinance to be published in the manner required by law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
PASSED, APPROVED and ADOPTED this day of
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Justin Beaver, Mayor
APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven G. Pacifico, City Attorney
Director of General Services/City Clerk