Article Source:  CA Governor Newsom

OFFICE OF THE GOVERNOR

After the Supreme Court’s decision in Grants Pass v. Johnson clarified that
officials can take reasonable actions to clear encampments, the Governor
signed Executive Order N-1-24, which directed state agencies to develop
policies to prioritize addressing encampments on state property while providing
reasonable advance notice and partnering with shelter and services providers.
That Executive Order also encouraged local governments to adopt similar
policies, and to use all available resources and infrastructure, including the
historic resources provided by the State, to take urgent action to humanely
remove encampments from public spaces. And the Governor directed the
California Interagency Council on Homelessness to create guidance, published
here, for local governments to follow in creating and implementing those
programs.

This model ordinance is intended to provide a starting point that
jurisdictions may build from and adjust in creating their own policies. It draws
from the state’s proven and workable approach — an approach that, between
July 2021 and May 2025, has cleared more than 16,000 encampments and over
311,873 cubic yards of debris from sites along the state right of way. These results
demonstrate that the policy is both effective and scalable, offering a sound,
adoptable framework for jurisdictions to resolve encampments with urgency
and dignity. 

This model ordinance is not intended to be comprehensive or to impose a
one-size-fits-all approach for every city. Tailoring is expected and appropriate to
account for local differences and priorities. For example, a jurisdiction may
choose to restrict camping at all times in certain sensitive locations, such as near
schools; limit camping to no more than one night in the same location; or
require a longer notice period before removal. While specific policies may vary,
all local approaches should reflect three basic principles embodied in this
model: 

• No person should face criminal punishment for sleeping outside when they
have nowhere else to go. Policies that prohibit individuals from sleeping
outside anywhere in the jurisdiction without offering adequate indoor
shelter, effectively banishing homeless individuals from the jurisdiction’s
borders, are both inhumane and impose externalities on neighboring
jurisdictions, which must face the costs and challenges of an increased
unsheltered homeless population.

• Encampment policies must prioritize shelter and services and ensure that
people experiencing homelessness and their belongings are treated with
respect. 

• Policies must not unduly limit local authority to clear encampments.
Officials must be able to enforce common-sense policies to protect the
health and safety of their residents and maintain their public spaces.
When officials lack appropriate tools, encampments persist, endangering
the health and safety of those living in and alongside them. 

There is no compassion in abandoning Californians to the dangers and
indignities of encampments. Encampments pose a serious public safety risk,
often causing fires and exposing encampment residents to increased risk of
sexual violence and criminal activity, to property damage and break-ins, and
unsanitary conditions affecting both residents and neighbors. And they dampen
and deter both commercial and recreational activity through the accumulation
of hazardous material and excessive debris, harming downtowns and depriving
Californians of their public spaces.  Large encampments and those with semi
permanent structures exacerbate and perpetuate these harms. Every local
government must have a plan to address them.

Model Ordinance [For Local Customization]
Section XX1. Encampments
Unless authorized by permit or other applicable law, it is unlawful:

(a) To construct, place, or maintain on public property any semi-permanent
structure, including but not limited to hand-built sheds and structures with
metal or other heavy roofing and siding materials, for the purpose of
sheltering one or more persons.

(b) To camp on public property, including but not limited to using, placing or
maintaining a tent, sleeping bag, blanket, or other materials for the
purpose of sleeping, lying, or sheltering one or more persons for more than
three consecutive days or nights in the same location. For purposes this
section, the same location shall mean within 200 feet of the location in
which the person camped on the previous day or night.

(c) To camp within 200 feet of any posted notice to vacate or other official
signage designating a location for encampment clearance or otherwise
prohibiting sitting, sleeping, lying, camping, or placing personal property in
that location.

(d) To sit, sleep, lie, or camp on any public street, road, or bike path, or on
any sidewalk in a manner that impedes passage within the meaning of
the American Disabilities Act. 

Section XX2. Enforcement
(a) Except in exigent circumstances involving an imminent threat to life,
safety, health, or infrastructure, each of the following shall be satisfied
prior to the enforcement of section XX1: 

(i)
City officials, or any agent acting on their behalf, shall make every
reasonable effort to identify and offer shelter at an emergency
shelter, navigation center, or other appropriate housing, and to
offer supportive services, to persons living in the encampment. 

(ii)
City officials, or any agent acting on their behalf, shall post a notice
to vacate in a prominent location at the encampment site at least
48 hours prior to the enforcement action. That notice shall include,
at a minimum: 

(1) The anticipated date and time of the enforcement action
(iii)
(2)  Information on services, including shelter, that are
immediately available to persons living in the encampment
(3)  Information on how unattended belongings will be handled
the day of the enforcement action, including what will be
stored, how they can be recovered, and the date by which
they must be claimed.

No enforcement operations shall begin earlier than the date and
time on the notice to vacate. If the enforcement work does not
begin within two days of the date written on the notice, a new
notice must be posted a minimum of 48 hours before enforcement
operations may begin. 
(b) Where exigent circumstances require less than 48 hours’ notice prior to
enforcement of section XX1:
(i)
(ii)
City officials, or any agent acting on their behalf, shall provide as
much advance notice of enforcement as reasonably possible
under the circumstances; and
As soon as reasonably possible following enforcement action, city
officials or any agent acting on their behalf shall post notice at or
near the encampment site describing where items taken during the
enforcement action are stored, how they can be recovered, and
the date by which they must be claimed.
(c) Personal belongings collected at the encampment site that are not a
health or safety hazard shall be collected, tagged, and stored for not less
than 60 days following an enforcement action.
(i) 
“Personal belongings” includes: 
(ii)
(1) items of apparent value of $50 or more 
(2) items of apparent personal value, including, but not limited
to: eyeglasses, operational wheelchairs, walkers, crutches,
other medical equipment, habitable tents, personal papers
(such as photographs, albums, ID's, bank statements, and
legal papers), backpacks, containers, and operational
bicycles, scooters, and strollers.

Items that constitute a health and safety risk and will not be
collected include, but are not limited to: 
(1) Toxic sharps: needles, scissors, knives.
(2)  Chemicals: bleach, paint, oils, etc.
(3)  Items (including bedding and clothing) soiled by infectious
materials, including human waste and bodily fluids.
(iii)
(4) Moldy, mildewed items.
(5) Items that may be infested by rodents and insects: rats, mice,
fleas, lice, bed bugs.
(6) Items that pose a risk of fire or explosion, combustibles and
propane tanks; any item containing fuel or corrosives or other
unidentified liquids.
(7) Backpacks and closed containers that have been
determined by an individual licensed to identify and handle
hazardous materials to contain items listed in (1)-(6) above or
(iii) below. Such backpacks and closed containers may be
discarded where no individual licensed in hazardous
materials is present to make a determination.
(8) If personal belongings are co-mingled or littered with needles,
human waste, or other health risks, the entire pile of
belongings may be disposed of. The presence of clothing in a
backpack or container shall not be the sole reason to discard
the backpack or container.
Bulky items such as mattresses and sheds, perishable items such as
food, controlled substances, contraband, and trash or debris will
not be collected and stored. Contraband and controlled
substances should be handled by trained professionals and
consistent with applicable law.
(d) Nothing in this section shall be construed to limit or prohibit city officials
from enforcing any other city or state laws, including, but not limited to,
laws governing use of controlled substances or weapons, fire codes, and
public nuisance laws. 
Section XX3. Regulations
(a) The [relevant department or agency] shall issue regulations or guidelines
necessary to aid in the implementation or enforcement of this chapter.