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 introducing a proposed Ordinance amending Chapter 9.51, “Camping and Storage of Personal Property” to create restrictions on camping in public spaces within the City of Merced.
RECOMMENDATION
City Council - Adopt a motion:
A. Introducing and approving the first reading of Ordinance No. 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. Setting 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 take action.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2024-25 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 against individuals experiencing homelessness does not violate those individuals’ constitutional rights.
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.
The proposed ordinance amendment includes any school or within 500 feet thereof in the definitions and areas prohibited from unlawful camping or storage of personal property. It also includes a new section regarding removal of encampments and personal property and another regarding the penalties for violations of Sections 9.51.030 and 9.51.040.
The proposed ordinances now include definitions of “inhabiting” and “occupy” along with a structured penalties section as requested by City Council.
IMPACT ON CITY RESOURCES
No impact on budget appropriations.
ATTACHMENTS
1. Proposed “Redline” Version of Ordinance
2. Proposed “Clean” Version of Ordinance