Supes introduce and waive first reading of public property camping ordinance

Citing concerns “associated with the significant increase in camping on public lands” and compliance with new case law, at its Tuesday, Dec. 10 meeting, the Lassen County Board of Supervisors conducted a public hearing, found a proposed camping ordinance is exempt from the California Environmental Quality Act, and introduced and waived the first reading of the ordinance expected to be adopted at the supervisors’ Dec. 17 meeting.

Lassen County Planning and Building Services Director Maury Anderson said, “Recently the Supreme Court held that criminal enforcement of anti-camping ordinances does not violate the 8^th Amendment prohibition on cruel and unusual punishment.”

Anderson said violation of the ordinance would be a misdemeanor punishable by a $500 fine and up to six months in jail.

The vote on the new ordinance was 4-0 (Lassen County District 1 Supervisor Chris Gallagher was absent).

Lassen County Sheriff John McGarva spoke in favor of the ordinance during the public hearing.

“This is going to give us the ability to help find these people the resources, and get them directed where they need to be,” McGarva said.

But Lassen County resident Dante Callegari spoke against the ordinance during the public hearing.

“The only thing I’m kind of worried about in this whole thing is, where are these people going to go?” Callegari asked. “If they don’t go to public land to do their homeless living, they’re going to go to private land … I’ve got concerns with that, and I think what we need to do probably would be to limit or have certain areas they’re restricted from. The public’s probably going to have to allow a spot to move them to so they’re not on private land.”

He said Sacramento just bought an old golf course for the homeless to set up their tents.

“Our population of homeless is growing,” Callegari said, “It’s not shrinking … I feel the private property owners are going to have to address this problem. I think if we close all public land to these people, we’re going to place them somewhere. Where is that place?”

Anderson said the ordinance does allow the CAO and the sheriff to allow camping on public property if they deem it necessary.

McGarva responded to Calegari’s concerns and said his department’s goal is to first direct the homeless to resources that are available.

“It gives us a little bit of teeth to kind of edge them toward the resources that can help them in whatever the transition is that they’re homeless,” McGarva said.

Lassen County District 2 Supervisor Gary Bridges said the county has “a pretty decent program” to serve the homeless in Lassen County, as well as Crossroad, Judy’s House and other programs that “really make a difference to those folks.”

Lassen County District 5 Supervisor Jason Ingram noted there are resources available from the county for those who are homeless or on the verge of homelessness.

District 3 Supervisor Tom Neely inquired about camping at special events, and Anderson said the CAO or the sheriff could allow camping in those instances.

District 4 Supervisor and Board Chair Aaron Albaugh said he was in favor of the ordinance and the safety valves it included, but he said the homeless come where the resources are, and we don’t have the ability to provide those resources.

Information from the staff report
According to a letter from McGarva to the board, “Camping on county owned property is an issue the sheriff’s office deals with routinely. Currently, county ordinances regulating this activity are inadequate. This ordinance would prohibit camping on county owned property unless approved by the board of supervisors, sheriff and/or county administrative officer. The ordinance authorizes the removal of encampments after 72 hours written notice or immediately if the encampment poses an imminent threat to public health or safety … It is the position of the sheriff’s office that the proposed ordinance will help alleviate camping on county owned property.”

According to the ordinance, adding Chapter 9.75 to the Lassen County Code, “This Chapter is intended to protect public property within the unincorporated area of Lassen County from the destruction, degradation and littering that may accompany prolonged camping or squatting and allow public spaces to be used for their intended purpose. Publicly accessible areas under the jurisdiction of the County of Lassen should be readily available and usable for the safe, healthy and peaceable enjoyment of 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.”

“The purpose and intent of this chapter, pursuant to Penal Code section 372, is to establish standards and prohibitions for behaviors related to public camping, bathing or other offenses that are detrimental to the preservation of public 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 the peaceable use and enjoyment for the public at large.”