Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Introduction of an Ordinance Amending Chapter 9.51, “Camping and Storage of Personal Property” of the Merced Municipal Code
REPORT IN BRIEF
Considers the introduction of a draft Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces with the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance 2568, an Ordinance of the City Council of the City of Merced, California, Amending Chapter 9.51 “Camping and Storage of Personal Property” of the Merced Municipal Code; and,
B. Set the Ordinance for a second reading and adoption.
Body
ALTERNATIVES
1. Introduce and approve first reading of the Ordinance as recommended by staff; or,
2. Provide direction on specific revisions to the Ordinance; or,
3. Request additional information; or
4. Continue the matter to a date certain; or
5. Decline to act.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2023-24 Adopted Budget.
DISCUSSION
On June 28, 2024, the United States Supreme Court issued a decision in City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (2024) holding that a municipality’s enforcement of an ordinance banning camping on public property is not a constitutional violation of the 8th Amendment’s prohibition against cruel and unusual punishment.
The proposed ordinance amendment addresses the concerns regarding public safety, health and safety, efficient movement of public and vehicle traffic, and peaceable enjoyment of public spaces within the City of Merced.
On October 21, 2024, the City Council reviewed a draft of the proposed changes to this Chapter. The City Council requested changes to the draft ordinance. The changes have been incorporated into the proposed ordinance, which include removal of the term “sleep” from Section 9.51.030 and any school or within 1000 feet thereof in the definitions and areas prohibited from unlawful camping or storage of personal property, instead of 500 feet. It also includes a decrease of the penalties for violations of Sections 9.51.030 and 9.51.040.
IMPACT ON CITY RESOURCES
No impact on budget appropriations.
ATTACHMENTS
1. Proposed Ordinance
2. Redline Ordinance