HomeMy WebLinkAboutE.12 - GT Ordinance re Camping & Storage of Personal PropertyUNLAWFUL CAMPING & STORAGE
OF PERSONAL PROPERTY ON
PUBLIC PROPERTY
October 8, 2024
Adrian R. Guerra, City Attorney
Ji hea Oh, Associate Attorney
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City Council Goals
›Goal #2: “Maintain Public Safety”
–Campsites and personal property stored on public property cause fire risks,
environmental degradation, public access impediments, unsanitary
conditions, and public safety hazards.
›Goal #5: “Engage in Proactive Communication”
–Procedures for staff and the San Bernardino County Sheriff’s Department to
removal of unlawful campsites and unlawfully stored personal property.
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Legal Landscape
›Martin v. City of Boise (2018)
–Ninth Circuit Court of Appeals found
prohibition against sitting, sleeping,
or lying in public violates the Eighth
Amendment’s prohibition on cruel
and unusual punishment when the
homeless individuals have no access
to alternative shelter.
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Legal Landscape cont.
›City of Grants Pass v. Johnson
(2024)
–U.S. Supreme Court overruled the
Ninth Circuit’s decision by finding the
Cruel and Unusual Punishments
Clause does not prohibit the
enforcement of public-camping laws.
–Civil fines with repeat offenses
incurring larger fines or criminal
punishment not cruel or unusual.
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Implications of City of Grants Pass
›Holding in City of Grants Pass limited to Cruel and
Unusual Punishments Clause of Eighth Amendment.
›Other potential claims:
–Excessive Fines Clause of Eighth Amendment
–Due Process Clause of Fifth and Fourteenth Amendments
–Fourth Amendment protection against unreasonable searches
and seizures
–Right to travel
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Unlawful Camping
›Prohibits any person from camping, occupying
camp facilities or using camp paraphernalia on
public or private property.
–“Camp” or “Camping” means to place, pitch, or occupy
camp facilities; to live temporarily in a camp facility or
outdoors; to use camp paraphernalia in a single location
within the City for more than 24 hours.
–“Camp facilities” include, but are not limited to, tents, huts,
or temporary shelter.
–“Camp paraphernalia” include, but is not limited to,
bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks,
or cooking facilities and similar equipment.
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Exceptions
›Special events
–Programs operated by City departments, youth or school
events, marathons or other sporting events, and other scouting
activities.
›Lawful use of private property
–Activities of lawful user of private property normally associated
with and incidental to the lawful and authorized use of private
property for residential and/or other purposes.
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Procedures for Removal of Campsites
›Notice to Vacate 48 hours prior to removal
–Posting date and time
–Location
–“Vacate by” date and time
–Directions on how to retrieve collected property
–Date by which collected property must be retrieved
–Removal start and end dates
›Person who returns to campsite during removal may remove their own property
›Time-stamped photographs or videos
›Personal property to be inventoried
›Collected personal property to be stored for 60 days
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Exigent Circumstances
›No Notice to Vacate required
›Notice post-removal
–Posting date and time
–Location
–“Directions on how to retrieve collected property
–Date by which collected property must be retrieved
›Time-stamped photographs or videos
›Personal property to be inventoried
›Collected personal property to be stored for 60 days
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Unlawful Storage of Personal Property
›Prohibits any person from storing personal property on
any public property or any private property without
written consent of owner.
–“Personal Property” means any item having apparent value of
$50 or more; or any item that can reasonably be identified as
belonging to an individual and that has apparent value or
utility
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Procedures for Removal of Personal Property
›Notice of Removal 24 hours prior to removal
–Posting date and time
–Location
–“Remove by” date and time
–General description of unlawfully stored personal property
–Directions on how to retrieve the collected property
–Date of removal
›Person who claims personal property during removal may remove their own property
›Personal property to be time-stamped photographed and inventoried
›Collected personal property to be stored for 60 days
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Exigent Circumstances
›No Notice of Removal Required
›Notice post-removal
–Date and time of removal
–Location
–General description of unlawfully stored personal property
–Directions on how to retrieve the collected property
–Date by which collected property must be retrieved from the City before it is discarded
›Personal property to be time-stamped photographed and inventoried
›Collected personal property to be stored for 60 days
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Violations and Penalties
›1st Violation: Verbal or written warning before citation
issued.
–Provide reasonable opportunity to cure.
–Describe activity constituting violation, action required to fix,
date and time by which to cure violation.
›2nd Violation: Fine not exceeding $50.
›3rd Violation: Misdemeanor if convicted of infraction
within past year.
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Recommendation
›Introduce Ordinance Prohibiting Unlawful Camping and
Storage of Personal Property on Public Property
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