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HomeMy WebLinkAboutItem 7c - Camping and Storage of Personal Property on Public Property STAFF REPORT POLICE DEPARTMENT DATE: October 21, 2025 TO: Honorable Mayor and City Council FROM: Roy Nakamura, Police Chief Justine Bruno, Deputy City Manager SUBJECT: ORDINANCE NO. 2410 AMENDING CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY; AND AMENDING PARTS 2 AND 4 OF CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO PUBLIC WELFARE, MORALS, AND POLICY CEQA: Not a Project Recommendation: Adopt SUMMARY At its regular meeting of October 7, 2025, the City Council voted 5-0 to introduce Ordinance No. 2410, amending Chapter 9, Article VII of the Arcadia Municipal Code relating to Camping and Storage of Personal Property on Public Property, and amending Parts 2 and 4 of Chapter 2, Article IV of the Arcadia Municipal Code relating to Public Welfare, Morals, and Policy. The complete October 7 staff report is attached for reference. The purpose of this item is to provide a second reading of this ordinance, as required by law. It is recommended that the City Council adopt Ordinance No. 2410, amending certain sections of Arcadia Municipal Code relating to camping, the storage of personal property on public property, public intoxication, and trespassing. DISCUSSION The City of Arcadia has a range of local laws to protect public health, safety, and public welfare, which include regulations on public camping, intoxication, and trespassing. Following the Grants Pass decision, cities now have broader authority to Ordinance No. 2410 Camping and Public Welfare Ordinances October 21, 2025 Page 2 of 3 enforce public camping bans. Arcadia’s current ordinance requires an offer of shelter and includes several exemptions before enforcement can occur. Through Ordinance No. 2410, Arcadia will be able to reinstate a citywide ban on public camping without the need to offer shelter, provide certain notices, or store personal belongings. Although these changes strengthen enforcement capabilities, Arcadia will continue its "service first" approach, maintaining full-time case managers and outreach programs to support unhoused individuals. Ordinance No. 2410 also proposes two technical updates to the Arcadia Municipal Code regarding public intoxication and trespass notices. Under the proposed ordinance, the following will occur: (1) a repeal of local public intoxication provisions that are preempted by state law, and (2) an amendment allowing peace officers to issue trespass notices directly for private property. Although the City will no longer enforce public intoxication under its municipal code, the Arcadia Police Department will continue to issue citations and make arrests under applicable state law (California Penal Code 647(f)). The proposed changes would also expand the authority of peace officers in trespass situations, improving enforcement and the successful prosecution of these events. It is recommended that the City Council adopt Ordinance No. 2410 to align the Arcadia Municipal Code with the updated legal framework on public camping and improve the enforcement and prosecution of public intoxication and trespass violations. ENVIRONMENTAL ANALYSIS At the Council Meeting on October 7, 2025, the City Council found and determined that the adoption of Ordinance No. 2410 does not constitute a project under the California Environmental Quality Act (“CEQA”), Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The recommended action has a nominal fiscal impact. The modifications proposed under Ordinance No. 2410 will improve the efficiency of enforcement actions related Ordinance No. 2410 Camping and Public Welfare Ordinances October 21, 2025 Page 3 of 3 to public camping, and the City will realize minor cost savings in legal costs related to prosecutions of public intoxication and trespass notices. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2410, amending Chapter 9 of Article VII of the Arcadia Municipal Code relating to Camping and Storage of Personal Property on Public Property; and amending Parts 2 and 4 of Chapter 2, Article IV of the Arcadia Municipal Code relating to Public Welfare, Morals, and Policy. Attachment No. 1: Ordinance No. 2410 Attachment No. 2: October 7, 2025, City Council Staff Report (No Attachments) 1 ORDINANCE NO. 2410 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY; AND AMENDING PARTS 2 AND 4 OF CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO PUBLIC WELFARE, MORALS, AND POLICY WHEREAS, the Arcadia Municipal Code contains the laws and regulations of the City, including laws relating to public health, safety and welfare; and WHEREAS, in order to protect the health, safety and welfare of the City, the Arcadia Municipal Code has consistently prohibited camping in public spaces; and WHEREAS, in the case of Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), the Ninth Circuit Court of Appeal held that “the Eighth Amendment preclude[s] the enforcement of a statute prohibiting sleeping outside against homeless individuals with no access to alternative shelter,” while still allowing for reasonable time, place and manner restrictions; and WHEREAS, in response to the Boise case, the City Council adopted Ordinance No. 2374, which required an offer of shelter prior to enforcement of the camping laws and which contained an exemption for necessity, with certain limited exceptions to the exemption; and Attachment No. 1 2 WHEREAS, in 2024, the United States Supreme Court issued an opinion in Grants Pass v. Johnson that upheld the City of Grants Pass’s camping ordinance and overturned the Ninth Circuit’s opinion in Boise; and WHEREAS, the City Council desires to amend the Arcadia Municipal Code in a manner that prohibits public camping within the City consistent with Grants Pass; and WHEREAS, California Penal Code section 647(f) prohibits public intoxication in preemption of local ordinances; and WHEREAS, the Arcadia Municipal Code prohibits trespasses upon private property after being notified by the owner or lessee or other person in charge of the property; and WHEREAS, the City Council desires to amend the trespass ordinance to prohibit trespasses upon private property after notice from a peace officer on behalf of the owner or lessee or other person in charge of the property. NOW, THEREFORE, the City Council of the City of Arcadia does hereby ordain as follows: SECTION 1. Part 1 of Chapter 9 of Article VII of the Arcadia Municipal Code is hereby amended to be as shown in Exhibit 1 to this Ordinance. The amendments are shown for reference in Exhibit 2 to this Ordinance. SECTION 2. Sections 4240 and 4240.1 of the Arcadia Municipal Code are hereby repealed. 3 SECTION 3. Section 4224 is amended in part to read as follows, with the added text underlined: “(1) No person shall remain upon any private property or business premises, after being notified by the owner or lessee or other person in charge thereof, or by a peace officer acting at the request of any of the above, to remove therefrom. (2) No person, without permission, express or implied, of the owner or lessee or other person in charge of private property or business premises, shall enter upon such private property or business premises after having been notified by the owner or lessee or other person in charge thereof, or by a peace officer acting at the request of any of the above, to keep off or keep away therefrom.” SECTION 4. If any portion of this Ordinance is found to be invalid or unenforceable, such provisions shall be deemed severed and the remainder of the Ordinance shall remain in full force and effect. SECTION 5. This Ordinance is effective upon the 31st day following its adoption by the City Council. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same or summary thereof, to be posted per Resolution No. 7483 and within fifteen (15) days after its adoption. 4 Passed, approved and adopted this 21st day of October, 2025. _____________________________ Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 5 EXHIBIT 1 ARCADIA MUNICIPAL CODE ARTICLE VII. PUBLIC WORKS CHAPTER 9 – CAMPING AND STORAGE OF PERSONAL PROPERTY PART 1. - PURPOSE AND DEFINITIONS 7870. - PURPOSE. This Chapter 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 public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to public property. This Chapter 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. 7871. - DEFINITIONS. 6 The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended. (a) "Camp" or "Camping" means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp. (b) "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 7 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. (c) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating facilities and similar equipment. (d) "Landscaped area" means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs. (e) "Personal property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication. (f) "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; freeway on- ramps and off-ramps; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment 8 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. (g) "Public utilities" means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties located within the City that are not designated for public use. (h) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. 7872. - UNLAWFUL CAMPING. It shall be unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or use public utilities on any public property within the City, except as otherwise provided herein or mandated by applicable law. It is a violation of this section to set up provisions for the purpose of camping whether or not a full night is actually spent at the location. 7873. - STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY. 9 It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein or mandated by applicable law. 7874. - OTHER EXEMPTIONS. The provisions of this Chapter shall not apply in the event of an emergency, including a City declared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in organized and supervised recreational activities in parks within the City or the Civic Center area, if approved by the City's Director of Recreation and Community Services or City Manager, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the City or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment. 7875. - ENFORCEMENT. The prohibition of Sections 7872 and 7873 may be enforced by: (1) the Arcadia Police Department; (2) the City's Code Services and Enforcement Division; (3) Parks and Facilities personnel; (4) or other local law enforcement. The City Manager, or a department designated by the City Manager, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Chapter and may create any additional procedures consistent with this Chapter 10 necessary or appropriate to protect the property rights of individuals whose property is taken into custody pursuant to this Chapter. 7876. - PENALTY. Violations of Sections 7872 may be charged as a misdemeanor and be eligible for referral to any applicable prosecutorial-led diversion program. Violations of Sections 7873 are subject to an administrative citation pursuant to Chapter 4A of this Code. 11 EXHIBIT 2 ARCADIA MUNICIPAL CODE ARTICLE VII. PUBLIC WORKS CHAPTER 9 – CAMPING AND STORAGE OF PERSONAL PROPERTY PART 1. - PURPOSE AND DEFINITIONS Deletions shown in strikethrough and additions shown in underline: 7870. - PURPOSE. This Chapter 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 public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to public property. This Chapter 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. 12 7871. - DEFINITIONS. The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended. (a) "Camp" or "Camping" means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp. (b) "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 13 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. (c) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating facilities and similar equipment. (d) "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources. (e) "Enforcing employee" means the employee of the City, authorized to enforce this chapter. 14 (df) "Landscaped area" means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs. (eg) "Personal property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication. (fh) "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; freeway on- ramps and off-ramps; 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. 15 (gi) "Public utilities" means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties located within the City that are not designated for public use. (hj) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (k) "Very High Fire Severity Zones" means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e. moderate, high, and very high). 7872. - UNLAWFUL CAMPING. It shall be unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or use public utilities on any public property within the City, except as otherwise provided herein or mandated by applicable law. It is a violation of this section to set up provisions for the purpose of camping whether or not a full night is actually spent at the location. 7873. - STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY. 16 It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein or mandated by applicable law. 7874. - OFFER OF HOUSING, SHELTER AND SERVICES. Prior to directing a person to remove camp facilities or prior to removing the camp facilities, the enforcing employee shall offer information to the occupant(s) regarding any available housing or shelter and other health and human services that said employee reasonably believes are relevant to the occupant(s) and their individual circumstances. 7875. - EXEMPTION FOR NECESSITY. The provisions of this Chapter shall not apply, except as stated below, to any individual camping by necessity, including, for example, those instances in which every shelter in the local area is at capacity. In order to comply with applicable case law, the City Manager may establish local guidelines to determine whether an individual is camping by necessity. If an individual is camping by necessity, the following criteria for safe camping shall apply: 17 (a) No person shall erect, configure, or construct any camp facilities in any public area from 7:00 a.m. to 8:00 p.m. (except during rainfall). A person must take down, fold, and completely remove or put away any camp facilities erected, configured, or constructed on any public property between the hours of 7:00 a.m. and 8:00 p.m. (except during rainfall). At no time shall any person obstruct access to a street, sidewalk, park playground, public utility, public property, or other public right-of-way open for pedestrian travel or governmental use:1.By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property in a manner that does not allow for passage as required by the Americans with Disabilities Act of 1990, as amended from time to time; or2.By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property within ten feet or any operational or utilizable, entrance, exit, driveway, or loading dock; or3.By creating any barrier with string, wire, rope, or chain, or other attachments or appurtenances upon City owned trees, light poles, fences, equipment or other public facilities. (b) The use of public utilities not designated for public use is prohibited. 18 (c) Upon resolution adopted by the City Council and the posting of signage, camping is prohibited on the following public property and related areas including without limitation, the entirety of the real property or lot on which each of the following is located: 1. City benches located in areas as described in Section 7915(c)2 through 14 2. Bridges and highway underpasses or overpasses (within 500 feet thereof) 3. Park Playgrounds and Synthetic Turf Areas 4. Park Picnic Areas including Tables, Bleachers, Benches, and Pavilions 5. Arcadia Transit Plaza 6. Arcadia City Hall 7. Arcadia Public Library 8. Gilb Museum of Arcadia Heritage 9. Museum Education Center 10. Arcadia Community Center 19 11. Arcadia Recreation Office 12. Arcadia Par 3 Golf Course 13. Landscaped Areas 14. Freeways onramps and off-ramps 15. Very High Fire Severity Zones 16. Within 25 feet of the following City designated zoning: i. Central Business District (CBD) ii. General Commercial (C-G) iii. Professional Office (C-O) iv. Regional Commercial (C-R)v.Mixed Use (MU)vi.Downtown Mixed Use (DMU) 78767874. - OTHER EXEMPTIONS. The provisions of this Chapter shall not apply in the event of an emergency, including a City declared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in organized and supervised recreational activities in parks within the City or the Civic Center area, if approved by the City's Director of Recreation and Community Services or City Manager, nor to camping in public areas 20 legally established and clearly designated for camping purposes, nor to any employee of the City or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment. 7877. - NOTICES. The enforcing employee shall provide occupants of a camp facility notice of intent to remove the encampment at least 24 hours in advance of any action to remove the camp facility for a violation of Section 7873. Notice shall be in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcing employee attempts to serve notice. In addition, the enforcing employee shall post the notice on or near the camp facility, so as reasonably to communicate the notice to persons living at the camp facility but not present during the attempt to serve notice. The notice shall contain the following information: A. The location of the camp facility; B. The date and time notice was served or posted; C. A statement that the camp facility violates this Chapter; D. An advisement that the City will remove the camp facility 24 hours after the date and time of the notice; 21 E. Information about any housing or shelter and homeless services available for occupants of the camp facility and the phone number and address to contact in order to obtain the housing or shelter or other health and human services; F. An advisement that any personal property remaining at the camp facility site when the enforcing employee returns to remove the camp facility will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and G. 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. 7878. - PERSONAL PROPERTY. A person occupying a camp facility who is present at the time the enforcing employee is removing the camp facility may retain his or her personal property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permitted by law. Any personal property seized shall be stored for no less than 90 days, with the following exceptions: 22 A. Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and B. Items that constitute evidence of a crime or contraband may be seized and discarded, as permitted by law. 78797875. - ENFORCEMENT. The prohibition of Sections 7872, and 7873, and 7875 may be enforced by: (1) the Arcadia Police Department; (2) the City's Code Services and Enforcement Division; (3) Parks and Facilities personnel; (4) or other local law enforcement. The City Manager, or a department designated by the City Manager, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Chapter and may create any additional procedures consistent with this Chapter necessary or appropriate to protect the property rights of individuals whose property is taken into custody pursuant to this Chapter. 78807876. - PENALTY. Violations of Sections 7872 and 7875 may be charged as a misdemeanor and be eligible for referral to any applicable prosecutorial-led diversion program. Violations of Section 7873 are subject to an administrative citation pursuant to Chapter 4A of this Code. STAFF REPORT POLICE DEPARTMENT DATE: October 7, 2025 TO: Honorable Mayor and City Council FROM: Roy Nakamura, Police Chief Justine Bruno, Deputy City Manager SUBJECT: ORDINANCE NO. 2410 AMENDING CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY; AND AMENDING PARTS 2 AND 4 OF CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING TO PUBLIC WELFARE, MORALS, AND POLICY CEQA: Not a Project Recommendation: Introduce SUMMARY The City of Arcadia enforces various ordinances related to public health, safety and welfare, including those that prohibit public camping, public intoxication, and trespassing on private property. Due to recent changes in the law, cities are now able to enforce camping bans, resulting in the need to update Arcadia’s local ordinance. Currently, the City’s camping ordinance requires an offer of shelter prior to enforcement and contains a number of exemptions. The proposed amendments to Article VII of the Arcadia Municipal Code would simplify the City’s camping law by removing these exemptions and the offer of shelter requirement, effectively reinstating a full Citywide camping ban. The proposed ordinance also makes two technical modifications: (1) removing sections related to public intoxication, which are preempted by state law, and (2) adding new language authorizing peace officers to issue trespass notices directly for private property. While the City will no longer regulate public intoxication through its own code, the Arcadia Police Department will still be able to cite and make arrests for public intoxication in accordance with state law. Additionally, the City’s current entry onto private property when the owner or person in charge of the property has Attachment No. 2 Ordinance No. 2410 Camping and Public Welfare Ordinances October 7, 2025 Page 2 of 5 issued a no-trespass notice would continue to apply, but the proposed ordinance would enable peace officers to also provide this notice. It is recommended that the City Council introduce Ordinance No. 2410 to amend Chapter 9, Article VII of the Arcadia Municipal Code relating to Camping and Storage of Personal Property on Public Property; and amend Parts 2 and 4 of Chapter 2, Article IV of the Arcadia Municipal Code relating to Public Welfare, Morals, and Policy. BACKGROUND As with many cities, prior to 2021, the City had a blanket ban on public camping without a permit. Since 2021, Arcadia has prohibited camping in public spaces through Ordinance No. 2374, which set time, place, and manner restrictions in line with Martin v. City of Boise. This ordinance banned most camping on public property while including exemptions for those camping “by necessity”. The ordinance also required an offer of shelter before enforcement, reflecting a key element of the Boise decision. In Martin v. City of Boise (2019), the Ninth Circuit ruled that cities cannot enforce anti- camping laws against individuals that have no access to shelter, citing the Eight Amendment’s ban on cruel and unusual punishment. However, the court also allowed for reasonable time, place, and manner restrictions, provided that public spaces were not entirely closed off to unhoused individuals who had no other options. Following Boise, the City of Grants Pass, Oregon, faced a similar legal challenge against its camping ordinances. In a 6-3 opinion, the U.S. Supreme Court upheld the City of Grants Pass ordinance, finding that it did not violate the Eighth Amendment and that general laws regulating camping on public property do not constitute cruel and unusual punishment, as they criminalize certain behavior, not the status of being unhoused. This shift in legal precedent now enables cities like Arcadia to adapt and revisit their ordinance on public camping to ensure alignment with the latest Supreme Court interpretation. Ordinance No. 2410 Camping and Public Welfare Ordinances October 7, 2025 Page 3 of 5 DISCUSSION The following sections summarize the proposed changes outlined in Ordinance No. 2410, which seek to repeal certain sections of the Arcadia Municipal Code regarding public camping, as a result of a recent legal interpretation; repealing sections of the Arcadia Municipal Code on the issuance of citations for public intoxication due to conflicts with the State Penal Code; and authorizing peace officers to directly enforce trespass violations on private property. Public Camping As a result of the Grants Pass decision, certain provisions of the Arcadia Municipal Code related to public camping are no longer required. Ordinance No. 2410 seeks to repeal several sections of Part 1, Chapter 9, Article VII of the Arcadia Municipal Code, allowing Arcadia to reinstate its Citywide prohibition against camping on public property, without first requiring an offer of shelter, providing an exemption for necessity, providing notice, or storage of personal property. By removing these exemptions, the Arcadia Police Department will be able to enforce the City’s camping ordinance more effectively and efficiently. Importantly, repealing and amending these sections of the Arcadia Municipal Code will not negate Arcadia’s “service first” approach, which includes utilizing three full- time case managers to offer shelter and other resources to Arcadia’s unhoused population. Despite the proposed changes to the ordinance, Arcadida will maintain its approach of providing street outreach and using a variety of prevention and diversion programs to address homelessness. However, when necessary and appropriate, having the ability to immediately cite and remove campers citywide will be a beneficial deterrent. Despite the proposed changes to the Municipal Code, the presence of unhoused individuals in Arcadia is likely to remain, especially during daytime hours when the unhoused tend to move about the community. The proposed changes should not be construed as a ban on homelessness, nor an elimination of unhoused individuals from Arcadia. Rather, Ordinance No. 2410 will better align Arcadia’s local laws with recent court rulings, while providing a better tool for enforcement that encourages the use of available services. Ordinance No. 2410 Camping and Public Welfare Ordinances October 7, 2025 Page 4 of 5 Public Intoxication Citations The courts have informed the City’s prosecutors that they will dismiss cases brought under the Arcadia Municipal Code for public intoxication because state law preempts the local ordinance. Since the courts will not enforce these provisions, removing them from the Arcadia Municipal Code will avoid potential confusion or the potential need to dismiss future cases. While Ordinance No. 2410 seeks to repeal Sections 4240 and 4240.1 of the Arcadia Municipal Code, it will still allow the Arcadia Police Department to issue citations under Penal Code 647(f) for public intoxication violations, which have been and will continue to be enforced by City prosecutors. Trespass Enforcement on Private Property The City’s trespass ordinance, and trespass laws in general, criminalize entering or remaining on a property when the owner or other person in charge of the property has ordered others to leave or to “keep off”. The proposed change is a technical adjustment to Section 4224 of the Arcadia Municipal Code, to enable peace officers to also provide notice to leave the property. This change will aid in the City’s ability to enforce and prosecute trespass violations, as Arcadia Police officers are often the ones who provide notice to potential offenders. ENVIRONMENTAL ANALYSIS The proposed adoption of Ordinance No. 2410 does not constitute a project under the California Environmental Quality Act (“CEQA”), Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. To the extent that public camping has impacts on the environment, a more expansive ban is likely to result in fewer environmental impacts. FISCAL IMPACT The fiscal impact of adopting Ordinance No. 2410 is nominal. The removals and additions proposed under Ordinance No. 2410 will improve efficiency of enforcement actions related to public camping, and the City will realize minor cost savings in legal costs related to prosecutions of public intoxication and trespass notices; however, these efficiencies are unlikely to result in a significant cost savings to departmental budgets. Ordinance No. 2410 Camping and Public Welfare Ordinances October 7, 2025 Page 5 of 5 RECOMMENDATION It is recommended that the City Council determine that the proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”); and introduce Ordinance No. 2410 to amend Chapter 9 of Article VII of the Arcadia Municipal Code relating to Camping and Storage of Personal Property on Public Property; and amend Parts 2 and 4 of Chapter 2, Article IV of the Arcadia Municipal Code relating to Public Welfare, Morals, and Policy. Attachment No. 1: Ordinance No. 2410 Attachment No. 2: Ordinance No. 2374