This Chapter shall be known as "the Unlawful Camping Ordinance."
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
The Board of Supervisors finds as follows:
A.
The lack of housing options for persons experiencing homelessness in Sacramento County has led to an increase in the number of encampments within the unincorporated area of the County.
B.
Encampments generally consist of camp facilities and camp paraphernalia such as tents, makeshift structures, sleeping bags, or blankets, and may also include vehicles, trailers, campers or recreational vehicles, providing shelter to one or more individuals experiencing homelessness.
C.
The presence of encampments in specific areas and locations within the unincorporated County area poses a threat to the public health, safety, and welfare of those residing in the encampments and the community-at-large because of the damage to public and private property, risk of fire, unsanitary conditions, environmental degradation, and restricted access for maintenance, operations or emergency services purposes.
D.
It is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and hazardous activity, including but not limited to, widespread substance use, harming their health, safety and well being, and which also threaten the safety and viability of nearby neighborhoods and businesses and undermine the cleanliness and usability of parks, water supplies, and other public resources.
E.
The existence of encampments in, on, under, or within public property that is critical to the provision of public services such as law enforcement, fire protection, flood protection, transportation, and utilities including communication, water, and waste disposal leads to the destruction of, damage to, or interference with maintenance and operation of said infrastructure.
F.
The County as well as other public agencies are committing significant funding to establish and operate emergency shelters for individuals experiencing homelessness including shelters located on County-controlled or owned property that have been designated as areas in which encampments can remain.
G.
The establishment and presence of encampments near or within 1000 feet of emergency shelters and other locations providing shelter to homeless individuals may create a nuisance to the surrounding residents and also undermine efforts to support individuals seeking services to transition into more permanent housing.
H.
The prohibition on camping on public property will enable the County to protect and preserve lives and infrastructure, ensure the provision of vital public services, advance the County's efforts to increase the supply of emergency shelters by providing an additional enforcement tool to address nuisance activity, protect the public health and safety during severe weather, and maintain safe access to public property.
I.
The enforcement of this Chapter shall in no way relieve the County from fulfilling its obligation to provide social, mental health, and substance abuse services to persons experiencing homelessness. The County spends over $220 million dollars annually on programs and services to serve persons experiencing homeless and to mitigate the impacts of homelessness. This Chapter furthers the County's interest in connecting persons experiencing homelessness with social, mental health, and substance abuse services by increasing outreach and engagement with County staff and contractors.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
The purpose of this Chapter is to protect the health, safety, and welfare of the public by prohibiting camping in, on, within or under public and private property.
Publicly accessible areas under the jurisdiction of the County of Sacramento should be readily available and usable for the safe, healthy, and peaceable enjoyment of residents, county employees, persons/people doing business in county buildings, and the public at large. The use of public areas for camping purposes or storage of personal property interferes with the rights of others to use and access these areas in a safe, healthy, and peaceable manner within the purposes for which they are intended. Camping on private property without the express written consent of the record owner(s) and proper sanitary measures can adversely affect the rights of property owners as well as jeopardize the health, safety, and welfare of the community. The further purpose and intent of this chapter is to establish standards and prohibitions for behaviors related to camping, or other offenses that are detrimental to the preservation of property and the health, safety and welfare of the public accessing public property or traversing public rights of way; and to ensure and maintain publicly accessible areas in a safe and sanitary manner, and for peaceable use and enjoyment for residents, county employees, persons/people doing business in county buildings, and the public at large.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
When used in this Chapter, the following words and phrases have the following meanings:
A.
"Camp" or "camping" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
B.
"Camp facilities" include, but are not limited to, tents, huts, temporary shelters (e.g. not permanently affixed to the ground) or vehicles, trailers, campers or recreational vehicles.
C.
"Camp paraphernalia" shall mean, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
D.
"County Executive Officer" means the County Executive Officer or his or her designee.
E.
"Debris" means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.
F.
"Encampment" means one or more camp facilities and/or camping paraphernalia that are being used, occupied or stored on public property. Encampment specifically does not include an item or collection of items that reasonably appear to be for less than 12-hour, daytime only use such as items brought to a park for a picnic, nap, or day-time party.
G.
"Facility" means a building, structure, equipment, system, or asset.
H.
"Garbage" means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any nonputrescible material mixed in the same container with or contaminated by putrescible waste. Garbage does not include source-separated recyclables or yard waste.
I.
"Location providing shelter to the homeless" means a site where temporary or emergency overnight-shelter is being provided to individuals experiencing homelessness established pursuant to official action by the County on publicly-owned or leased property including, but not limited to, a homeless shelter, warming center, respite center, year-round overnight shelter, navigation center, and an encampment designated or established by formal action of the County.
J.
"Personal property" means personal effects or property consisting of the following items: identification or social security cards; medications, medical devices and eyeglasses; photos/photo albums; tax or medical records; reasonably usable, non-soiled, non-verminous items that are reasonably believed to have value to persons experiencing homeless, including tents, blankets, sleeping bags, clothes, and operational bicycles (i.e. complete bicycles, not standalone bicycle parts). The definition of personal property does not include contraband.
K.
"Private property" means all private property including, but not limited to, real property, yards, streets, sidewalk, private alleys, trails and improved or unimproved land.
L.
"Public property" means all public property including, but not limited to, public buildings, streets, sidewalks, alleys, trails, medians, improved or unimproved land and parks, waterways, canal banks and county highways, and other rights of way dedicated for public use and lawfully accepted by the County, and other public amenities.
M.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
N.
"Street" means a street, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code and the Streets and Highways Code.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
A.
Except as otherwise provided in this section, it is unlawful to camp, pitch or occupy camping facilities upon private property. No person shall set up any camping facility, or any other temporary shelter or movable structure for the purpose of camping, nor shall any person leave upon any private property any temporary structures, movable structures or vehicle, of any type, to be used or that could be used for such a purpose.
B.
Exceptions. This section shall not apply to persons camping, with sanitary conditions and proper waste disposal in compliance with applicable state and local laws, in the following situations:
1.
Persons camping upon their own land or camping with the record owner(s) of the land, for not more than 72 consecutive hours in duration, and not to occur more than three times per calendar year.
2.
Persons camping with the express written consent of the record owner(s) of the land, for not more than 72 consecutive hours in duration, and not to occur more than three times per calendar year, provided that such express written consent is in the person's possession at the time and is shown upon demand of any enforcement officer.
3.
Persons lawfully camping within campgrounds or trailer parks approved by the county.
C.
Nothing in this section is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing herein is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such uses or activities are expressly authorized by the County’s Zoning Code or other applicable laws, ordinances, and regulations.
(SCC 1771, 1/13/2025)
A.
The County may abate or remove camp facilities, camp paraphernalia, or an encampment established in violation of section 9.120.040 after providing 48-hours written notice of said abatement. Any encampment established in violation of Section 9.120.040 may be abated with less than 48-hours written notice by the County, if the encampment poses an imminent threat to public health or safety or is within 1000 feet of a shelter providing services to homeless individuals. For purposes of this section a structure, tent, or camp facility poses an imminent threat to public health or safety if there are facts and circumstances that would cause a reasonable person to believe, that there is an increased risk of fire or flood, actual fire or flooding, obstructions or interference with the flow of pedestrian or vehicular traffic, and blockage of driveways or access points providing access to emergency vehicles.
B.
Abatement pursuant to subsection A may include, but is not limited to, removal of camp facilities, camp paraphernalia, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further violations. Any personal property identified and left behind during the abatement shall be stored for at least 90 days and notice shall be provided regarding the retrieval process.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
It shall be a misdemeanor to willfully prevent, delay, resist, obstruct, or otherwise interfere with a County official, employee, contractor, or volunteer in their execution of an abatement pursuant to this Chapter.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
A.
A violation of any section of this Chapter is declared to be a public nuisance and subject to the penalties stated herein.
B.
Any action to enforce this Chapter through the issuance of criminal penalties shall be taken after verbal or written warnings have been given notifying the person of the risk of enforcement.
C.
Any person who violates this Chapter shall be guilty of a misdemeanor.
D.
Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this Chapter.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
A.
The County may enforce this Chapter in accordance with Chapter 16.18 of this Code, including abatement of the public nuisance.
B.
The County shall enforce this Chapter in a manner that is consistent with applicable federal, state and local laws, including but not limited to applicable case law.
C.
The Sheriff is authorized to administer and enforce this Chapter and the Sacramento County Regional Park Rangers are authorized to administer and enforce this Chapter as it relates to County Regional Parks including the American River Parkway.
D.
The County Executive or designee is hereby authorized to promulgate rules, protocols and procedures for the implementation of this Chapter, including but not limited to directing staff to post signage referencing this Chapter, consistent with the provisions therein.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
A.
Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
B.
In enacting and implementing this Chapter, the County is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)
If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(SCC 1699 § 1, 2022; SCC 1744, 11/5/2024; SCC 1771, 1/13/2025)