DATE:
March 11, 2025
13
TO:
Board of Supervisors
SUBJECT
Title
ESTABLISHING AN UNSAFE CAMPING ORDINANCE IN SAN DIEGO COUNTY TO PREVENT WILDFIRE HAZARDS AND ENSURE PUBLIC SAFETY IN OUR COMMUNITIES (DISTRICTS: ALL)
Body
OVERVIEW
On October 24, 2023 (19), the Board of Supervisors (Board) directed the Chief Administrative Officer to draft an Unsafe Camping Ordinance that will allow law enforcement to prohibit and abate illegal encampments, remove improperly stored property on public property, and protect vacant property, such as the San Diego River corridor, from fire and pollution. This action also requested the development of a list of properties that would create the capacity needed to meet then existing shelter requirements to enforce an Unsafe Camping Ordinance. On June 28, 2024, the Supreme Court of the United States (Supreme Court) issued its ruling on City of Grants Pass v. Johnson, which overturned Martin v. Boise, a Ninth Circuit case holding that an individual could not be cited for sleeping on public property unless they were first offered alternative shelter. In Grants Pass, the Supreme Court upheld enforcement of local ordinances regulating camping on public property even if no shelter beds were available. Under this new guidance, the County of San Diego's (County) existing camping ordinances could be enforced. Subsequently on August 27, 2024 (15), the Board reiterated its direction to ensure that the draft Unsafe Camping Ordinance should include provisions to address the threat of fires occurring from illegal encampments.
Based on direction from the Board, staff have prepared options that include keeping the existing County ordinance or modifying the County's existing ordinance with components that address fire risk, adding protections to additional areas, and formalizing noticing practices. The County has, and would continue to have, a 'services first' approach with the goal of connecting people with sheltering, food, and, where appropr...
Click here for full text