HomeMy WebLinkAboutItem 9b - Unlawful Camping and Storage on Public Property
DATE: April 16, 2019
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Assistant to the City Manager
Laena Shakarian, Management Aide
SUBJECT: ORDINANCE NO. 2360 AMENDING CHAPTER 9 OF ARTICLE VII OF
THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND
STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY
Recommendation: Adopt
SUMMARY
At its regular meeting on April 2, 2019, the City Council, by a vote of 5-0, introduced
Ordinance No. 2360 amending Chapter 9 of Article VII of the City of Arcadia Municipal
Code relating to camping and storage of personal property on public property in
response to recent court decisions. Attached is a copy of Ordinance No. 2360, and the
April 2, 2019, City Council staff report.
RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 2360 amending Chapter 9
of Article VII of the City of Arcadia Municipal Code relating to camping and storage of
personal property on public property.
Attachment: Ordinance No. 2360
April 2, 2019, City Council Staff Report
DATE: April 2, 2019
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Assistant to the City Manager
Laena Shakarian, Management Aide
SUBJECT: ORDINANCE NO. 2360 AMENDING CHAPTER 9 OF ARTICLE VII OF
THE CITY OF ARCADIA MUNICIPAL CODE RELATING TO CAMPING
AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY
Recommendation: Introduce
SUMMARY
The United States Court of Appeals for the Ninth Circuit held that cities cannot
prosecute people criminally for sleeping outside on public property if they have no home
or shelter options available to them. The Court held that prosecution under such
circumstances amounted to cruel and unusual punishment in violation of the Eighth
Amendment to the United States Constitution.
Importantly, the Court limited its decision in several ways. The Court made it clear that
its ruling would not apply to individuals who can pay for temporary shelter and choose
not to, or to individuals who have realistic access to free shelter and choose not to use
it. Similarly, the Court noted that a jurisdiction may, in certain circumstances, criminalize
the act of sleeping outside; for example, at particular times or in particular locations.
Therefore, it is recommended that the City Council introduce Ordinance No. 2360
amending Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to
camping and storage of personal property on public property.
DISCUSSION
The proposed Ordinance would prohibit the use of public property for camping
purposes. Camping on public property may create an unsanitary and unhealthful
environment for the persons engaged in the camping as well as persons coming into
contact with the campers. Both campers and the general public can be affected by the
unsafe and potentially disorderly environment. In addition, some camping may interfere
Ordinance No. 2360 - Unlawful Camping
April 2, 2019
Page 2 of 2
with the rights of others to use the areas for their intended purposes. Furthermore,
camping can contribute to blight and cause damage to public property.
Introduction of Ordinance No. 2360 is in accordance with the Ninth Circuit’s recent
decision. The proposed Ordinance includes an exception when an individual is camping
by necessity; for example, when every shelter in the local area is at capacity or the
individual in question is involuntarily homeless. The proposed Ordinance also
authorizes the City Manager to establish local guidelines to determine whether an
individual is camping by necessity so that City staff can ensure that the Ordinance is
being enforced consistent with current case law. The provisions of this Ordinance shall
not apply to any persons camping in public areas with a permit that are legally
established and clearly designated for camping purposes, like at Wilderness Park.
Upon the approval of this Ordinance, the City Manager and Police Chief will work to
establish and implement the necessary local guidelines pertaining to this Ordinance in a
timely manner.
ENVIRONMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the
environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
RECOMMENDATION
It is recommended that the City Council introduce Ordinance No. 2360 amending
Chapter 9 of Article VII of the City of Arcadia Municipal Code relating to Camping and
Storage of Personal Property on Public Property.
Attachment: Ordinance No. 2360