FROM:
Administrative Services
SUBJECT:
Title
Introduction and First Reading of Ordinance No. 1968, adding Article VII to Fontana Municipal Code Chapter 16 regarding Camping in the City.
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RECOMMENDATION:
Recommendation
Introduce and conduct the first reading, by title only, for Ordinance No. 1968, an Ordinance adding Article VII entitled “Camping” to Chapter 16 of the Fontana Municipal Code, establishing procedures for the handling of camping and associated matters.
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COUNCIL GOALS:
• Operate in a businesslike manner by correcting problems immediately.
• Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
• Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.
DISCUSSION:
The City of Fontana continues to strive for a safe, clean and healthy environment, walkways, streets, parks, and public spaces. These areas are sometimes used by some members of the public to set up sleeping and camping spaces which can include tents, bedding, personal property, and pets. Some of these encampments are made of even more permanent materials. These encampments are often unsanitary, left with abandoned personal property, and can impact the public use and enjoyment of these areas.
In 2018, in the case of Martin v Boise, the U.S. Court of Appeals for the Ninth Circuit prohibited a municipality from enforcing its “camping” laws unless the municipality could provide a bed for the person to sleep. This restriction was rooted in the Eighth Amendment to the US Constitution preventing Cruel and Unusual Punishment.
In June 2024, in the case City of Grants Pass v. Johnson, the US Supreme Court ruled that cities can enact a ban on camping on public property, even if there is no bed or shelter space available, while not violating the Eighth Amendment.
Therefore, staff was directed to draft an amendment to the Fontana Municipal Code banning camping on public property in the City of Fontana and establishing rules for noticing campers that camping on public property in Fontana is prohibited, the potential removal for personal property, the penalties for camping on public property and how those penalties will be implemented.
Additionally, the safety of the public as well as the safety of staff who may be called upon to removal personal property is paramount. The amendment provides options for immediate disposal of personal property if that property is deemed to constitute a public health risk.
FISCAL IMPACT:
The fiscal impact is undetermined at this time but could include the cost to store personal property, as well as staff time to patrol for camping and clear out camping sites.
MOTION:
Approve staff’s recommendation