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UID:Indybay-18828410
SEQUENCE:18978517
CREATED:20191125T192100Z
DESCRIPTION:Come to City Hall on Tuesday, November 26 at 7PM to address the lack of 
 available shelter and unconstitutionality of their camping ban!\n\nA long 
 list of amendments to the camping ban in the City of Santa Cruz has been 
 put forth by Chief of Police Andrew Mills, City Attorney Tony Condotti, and 
 City Manager Martin Bernal.\n\nThe Santa Cruz City Council will hear the 
 motion at 7:30 pm.\n\n\nPROPOSED AMENDMENTS\n\nThe Police Department has 
 refrained from enforcing Chapter 6.36 on public property since Boise ws 
 decided. The proposed amendments are intended to establish enforceable 
 camping regulations as follows:\n\n• Continue to prohibit overnight 
 sleeping or setting up bedding on public property. Currently, SCMC Section 
 6.36.010 prohibits sleeping or setting up bedding between the hours of 
 11:30 p.m. and 8:30 a.m. As proposed, camping between the hours of 10:00 
 p.m. and 7:00 a.m. would continue to be prohibited. A homeless person found 
 in violation of new Section 6.36.030, however, would only be cited if he or 
 she has immediate access to available alternative shelter (as determined by 
 the Police Department) but, after notice and a reasonable opportunity to do 
 so, declines to avail himself or herself of it.\n\n• Current Section 
 6.36.010(c) makes it unlawful to establish or maintain a campsite at any 
 time. New Section 6.36.020 would make it unlawful, between the hours of 
 7:00 a.m. to 10:00 p.m., to “establish or maintain outdoors or in, on, or 
 under any structure not intended for human occupancy, a temporary or 
 permanent place for cooking or sleeping, by setting up or maintaining 
 bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping 
 equipment, or by setting up any cooking equipment, with the intent to 
 remain in that location overnight.\n\n• For both daytime and nighttime 
 encampments, new Sections 6.36.020 and 030 would require, prior to issuing 
 a citation, the person found in violation to be provided with notice and a 
 reasonable opportunity move their belongings and vacate the area.\n\n• 
 Current Section 6.36.020 – CAMPING PERMITTED (renumbered as 6.36.040), 
 which specifies circumstances under which camping is permitted in the City 
 (e.g., legally established campgrounds, in rear yard or enclosed side yard 
 of a residence, in a vehicle on business or church parking lots, etc.), 
 remains largely unchanged, except to add camping events authorized by 
 resolution of the City Council. This would include, for example, if the 
 City Council identifies a suitable location on public or private property 
 to establish an temporary emergency homeless shelter.\n\n• Current 
 Section 6.36.030 – PERMIT FOR CAMPING IN CITY PARKS (renumbered 6.36.050) 
 authorizes the director of parks and recreation to issue a permit allowing 
 camping in certain park areas under specified terms and conditions but 
 prohibits any person or group from camping in a city park under that 
 section for more than three nights in any twelve months. This section is 
 largely unchanged, except that the three-day limitation could be extended 
 by resolution of the City Council.\n\n• Current Section 6.36.040 – 
 PENALTY – SINGLE OFFENSE (renumbered 6.36.060), which declares a single 
 offense as an infraction punishable by a fine of $20 or no more than 8 
 hours community service, would be modified to reduce community service 
 hours to 3.\n\n• Current Section 6.36.040 – PENALTY – SUBSEQUENT 
 OFFENSE WITHIN TWENTYFOUR HOURS, which declares a subsequent offense for a 
 violation of Section 6.36.010(c)\n\n– Setting Up Campsite a misdemeanor, 
 would be renumbered as Section 6.36.070, and would declare a second 
 violation of Section 6.36.020 – Daytime Encampments within 48 hours a 
 misdemeanor.\n\n• Current Section 6.36.055, which requires dismissal of 
 any citation issued to a person while on a on a waiting list for shelter at 
 the Homeless Services Center or River Street Shelter, or when the National 
 Guard Armory winter shelter is filled to capacity, would be deleted in its 
 entirety.\n\n• Current Section 6.36.060 – PUBLIC NUISANCE DECLARED, 
 which authorizes, upon a determination that a campsite constitutes an 
 immediate threat to health, safety or welfare, that it be removed 
 “forthwith” would be removed. In its place is Section 6.36.080 – 
 REMOVAL AND STORAGE, which authorizes the removal of attended or unattended 
 encampments, pursuant to standard operating procedures (SOPs) to be 
 established by resolution of the City Council, which are in the process of 
 being developed. The intent here is to ensure that ample notice is provided 
 before, during and after an illegally established encampment is closed by 
 the City.\n\no For occupied encampments, that will entail hand-delivered 
 notice to occupants and an opportunity to dismantle and relocate their 
 equipment and belongings before City personnel will remove what remains. 
 Unoccupied encampments will be provided posted notice.\n\no The length of 
 notice will depend upon various factors to be fleshed out in the SOPs, such 
 as location, size and upkeep of the encampment, the presence of any threats 
 to health and safety, including of the occupants, and the presence of any 
 hazardous conditions (such as fire risk factors).\n\no For items remaining 
 after an encampment is closed, the City personnel will make a good faith 
 attempt to identify and remove, tag, inventory and store personal effects 
 from the encampment, other than stolen property, contraband, evidence of a 
 crime, garbage, material constituting a bio-hazard or clearly discarded 
 items.\n\no Following removal the site will again be posted with notice, to 
 include a list of items removed, a telephone number for information on 
 retrieval, the location where the material is stored, and the length of 
 time during which the personal effects may be claimed. \n 
 https://www.indybay.org/newsitems/2019/11/25/18828410.php
SUMMARY:Oppose the Camping Ban Amendments at Santa Cruz City Council
LOCATION:Council Chambers, Santa Cruz City Hall\n809 Center St, Santa Cruz
URL:https://www.indybay.org/newsitems/2019/11/25/18828410.php
DTSTART:20191127T030000Z
DTEND:20191127T060000Z
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