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SR 11-15-2022 10A City Council Report City Council Meeting: November 15, 2022 Agenda Item: 10.A 1 of 4 To: Mayor and City Council From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and Adoption of an Emergency Ordinance Amending Santa Monica Municipal Code Section 4.08.095, Prohibition Against Camping in Public Spaces, to Clarify: (1) the Applicability of the Section’s Prohibitions; and (2) the Definition of “Camp Facility” Recommended Action Staff recommends that the City Council: 1. Adopt a finding of Exemption pursuant to 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines. 2. Introduce for adoption an Emergency Ordinance amending Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public spaces (“Section 4.08.095”), to clarify: (1) the applicability of the section’s prohibitions in line with recent case law; and (2) the definition of “Camp Facility.” Summary Johnson v. City of Grants Pass (“Grants Pass”), a recent decision from the United States Court of Appeals for the Ninth Circuit, has held that a city cannot prohibit homeless individuals from sleeping or using blankets, pillows, sleeping bags, cardboard boxes, and other rudimentary protections against the weather on public property, unless shelter space is available for their use. The proposed amendment seeks to clarify Section 4.08.095 in response to the Grants Pass decision. The ordinance also clarifies Section 4.08.095’s definition of “camp facility” for ease of enforcement. Discussion Section 4.08.095 was enacted on September 13, 1994 to prohibit maintaining camp facilities for the purposes of living accommodation in the City’s public places. The 10.A Packet Pg. 431 2 of 4 purpose of this Section was to address public health and safety concerns and to prevent the potential deterioration in the physical condition of the community’s parks and public places. At the time of enactment, case law with respect to such provisions was not yet settled. Since then, case law has evolved and clarified which provisions a public entity can enforce. Specifically, Martin v. Boise (“Martin”) and, now, Grants Pass, have provided additional clarification with respect to prohibitions against camping in public, such as Section 4.08.095. Pursuant to Martin, cities cannot criminalize sleeping in public unless a shelter bed is available. Many cities, in response, approved ordinances that did not prohibit sleeping, but prohibited using “camping items,” such as blankets and sleeping bags in public. To remain compliant with new case law, the proposed amendments are as follows: 4.08.095 Prohibition against camping in public places. (a) No person shall camp in a prohibited public place. (b) For the purpose of this Section: (1) “Camp” means to erect, maintain, store, or occupy a camp facility for the purpose of living accommodations. (2) “Camp facility” may means the use of, settling, fixing in place, setting up, storing, locating, or leaving behind in a prohibited public place contain any or a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, or hammocks, or bedrolls. (3) “Prohibited public place” means any of the following: the public parks listed in Section 4.08.091 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified 10.A Packet Pg. 432 3 of 4 School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica. (c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks. (d) This ordinance does not prohibit those who are homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping. This Section shall not take effect until March 1, 1995. It is important to emphasize that this decision, and the proposed amendments, will not require the City to allow encampments, temporary structures, or inoperable vehicles to be used for habitation in the City. Thus, case law allows the City to continue to provide for public safety and access to our public locations while also allowing individuals who are unhoused to have rudimentary protections against the elements while they sleep. The proposed amendments seek to balance these two objections. In accordance with Santa Monica Charter Sections 615 and 619, this proposed amendment is being introduced as an emergency ordinance as it is necessary for ensuring compliance with recent case law, safeguarding the rights of homeless individuals as determined by the courts, and by otherwise preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption. Environmental Review Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA Guidelines, section 15061(b)(3), has determined with certainty that there is no possibility that this project may have a significant effect on the environment. Therefore, this project is not subject to CEQA. 10.A Packet Pg. 433 4 of 4 Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the proposed action. Prepared By: Michelle Hugard, Deputy City Attorney Approved Forwarded to Council Attachments: A. CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 10.A Packet Pg. 434 1 City Council Meeting: November 15, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.095, PROHIBITION AGAINST CAMPING IN PUBLIC PLACES, TO CLARIFY: (1) THE APPLICABILITY OF THE SECTION’S PROHIBITIONS, AND (2) THE DEFINITION OF “CAMP FACILITY.” WHEREAS, for many years, the City of Santa Monica has experienced numerous individuals maintaining camp facilities for the purposes of living accommodations in public places, including City parks; and WHEREAS, an increase in individuals maintaining camp facilities for the purposes of living accommodations in the City’s parks and public places can lead to serious health, safety, and accessibility concerns and an overall deterioration in the physical condition of the community’s parks and public places; and WHEREAS, Santa Monica Municipal Code Section 4.08.095, Prohibition against camping in public places, was initially enacted to address these concerns; and WHEREAS, the City Council wishes to continue protecting public safety in, and access, to Santa Monica’s parks and other public places by prohibiting camping and camping facilities except in designated areas as determined by the City Council; and WHEREAS, recent case law, however, has made clear that cities cannot prohibit, by criminal penalty or administrative citation that may lead to criminal penalty, a homeless individual from sleeping or merely using blankets, pillows, sleeping bags, or other 10.A.a Packet Pg. 435 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 2 rudimentary protections against the weather on public property, unless there is shelter space available for that individual to use; and WHEREAS, the City wishes to clarify Section 4.08.095 in compliance with recent case law by not enforcing its camping prohibitions against homeless individuals who are merely sleeping with the use of blankets, pillows, sleeping bags, and other rudimentary protections against the weather on public property; and WHEREAS, the City Council also wishes to clarify the definition of “camping facility” for ease of enforcement; and WHEREAS, to ensure compliance with applicable case law and to protect the due process rights of homeless individuals, the City Council finds and declares that a current and immediate threat to the public health, safety, and general welfare exists such that this amendment qualifies for an emergency ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code 4.08.095 is hereby adopted to read as follows: 4.08.095 Prohibition against camping in public places. (a) No person shall camp in a prohibited public place. (b) For the purpose of this Section: (1) “Camp” means to erect, maintain, store, or occupy a camp facility for the purpose of living accommodations. (2) “Camp facility” may means the use of, settling, fixing in place, setting up, storing, locating, or leaving behind in a prohibited public place contain any or 10.A.a Packet Pg. 436 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 3 a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, or hammocks, or bedrolls. (3) “Prohibited public place” means any of the following: the public parks listed in Section 4.08.091 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica. (c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks. (d) This ordinance does not prohibit those who are homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping. This Section shall not take effect until March 1, 1995. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a 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 passed 10.A.a Packet Pg. 437 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord) 4 this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above, the staff report accompanying this ordinance, oral and written testimony received by the City Council, and City Council discussion, the City Council declares this ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this ordinance shall be introduced and adopted at the same meeting and shall become effective immediately upon its adoption. APPROVED AS TO FORM: _______________________ DOUGLAS SLOAN City Attorney 10.A.a Packet Pg. 438 Attachment: CC-Ord-Camping Proposed Amendment to SMMC 4.08.095 (5461 : Camping - Emergency Ord)