(A) Unlawful camping. It shall be unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia in the city, whether on public or private property, or in any public area, whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by applicable law. It shall also be unlawful and a public nuisance for any landowner or occupant of private property to willfully allow, authorize or permit another person to occupy camp facilities or use camp paraphernalia on such private property in the city, whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by applicable law.
(B) Exceptions.
(1) This section shall not apply to any person camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp facilities and camp paraphernalia, in any public area designated by the city for such purposes. The City Council may, by resolution or ordinance, establish specified public areas for such purposes.
(2) Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this section will not be enforced against homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018), and only during the timeframe that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit, unless the following procedures are followed:
OUTREACH AND ENGAGEMENT (O&E) PERSONNEL. Includes, but is not limited to, any organization that the city has contracted with for homeless outreach and engagement services (e.g., Riverside University Health System or RUHS). OUTREACH AND ENGAGEMENT PERSONNEL may include city employees, homeless liaisons and police officers.
(b) Procedures. Prior to any citation or arrest for unlawfully camping, occupying camp facilities or using camp paraphernalia, storing personal property in public areas, a person shall be referred to O&E personnel to determine potential shelter placement or available services.
1. If the homeless person declines the offered placement, or available services, then this exception under § 11.21.030(B)(2) shall not apply and the city may proceed with enforcement of this section after giving such person a warning and an opportunity to immediately leave the location where unauthorized camping is occurring, or an opportunity to voluntarily decide to relocate outside of the jurisdiction of the city, before engaging in citation and/or arrest. If such person relocates upon warning, he or she will not be cited or arrested for violating this section. If the homeless person fails to relocate as directed, then he or she may be issued a citation, or placed under custodial arrest for such violations.
2. If any alleged violation arises from the homeless person's presence in a city or valley-wide park outside of the established operational hours of the park and there is no appropriate and immediately available shelter placement for such person, then such person will be advised to move and referred to O&E personnel so that he or she may avoid citation or arrest for a violation of this section until an appropriate and immediately available bed is made available to such person.
3. These procedures under § 11.21.030(B)(2) are only mandatory during the timeframe that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit.
(c) This exception shall not apply where a homeless person and/or their personal property obstructs and actually interferes with a public area or the intended use of the public area, provided that, absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the homeless person is first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so. However, this § 11.21.030(B)(2)(c) shall not apply if such personal property is unattended.
(Ord. 2021-328, passed 10-20-2021)