On May 6, 2024, the City Council passed Ordinance 2035, amending its regulations for camping on public property by individuals experiencing homelessness.

The ordinance will be effective starting on June 5, 2024. Recent changes to the camping ordinance include restrictions on the maximum space allowed for campsites, and minimum distances those campsites must be located from private property lines, other campsites, and schools, for individuals with no alternative shelter available. The City also has committed to providing longer warning and notice periods to individuals in violation of the ordinance, and will assist them in knowing how they can comply. These changes reflect the City's commitment to addressing homelessness through a compassionate and balanced approach.

Click here to review the full text of the ordinance

Details of the Camping Ordinance

Campsite Size Restrictions:

The changes to the camping ordinance are aimed at improving clarity and effectiveness. These include allowing campsites of up to 200 sq. ft. for one person and 400 sq. ft. for up to 4 people camping together; this doubles the space for an individual allowed in the prior ordinance.

Proximity and Safety Buffers:

Campsites must now maintain a 10-foot clearance area around each campsite and a 10-foot setback to any other campsite, public utility infrastructure, or neighboring private properties; the prior ordinance required much more distance between campsites. The former ordinance required spacing of 200 ft between campsites; this requirement is eliminated.

Proximity to Schools:

The changes add a requirement that camps be located a minimum of 250 ft from the property line of any preschool or K-12 school.

Additionally, the changes clarify that enforcement will only take place after a person in violation receives notices and opportunities to comply.

When would the changes take effect?

As required by California law, the newly enacted local ordinance will take effect 30 days after its passage. The regulations will be effective on June 5, 2024.

Changes to the Ordinance Based on Supreme Court Decision

Considering the recent Grants Pass decision and the administrative burden associated with the proliferation of illegal structures being constructed in City parks and public rights of way, the City Council will adopt an amended ordinance to the City’s regulation of camping on public property. The proposed amendments include the following:

Grant’s Pass Amendments: Provides the City with greater flexibility to either prohibiting camping and/or adopting time, place or manner conditions on camping on public property.
Unpermitted Structures and Building Materials: Clarifies that no person shall occupy, construct, or erect on public property or affix or tie to public or private property any building, shed, shack, fence, or other structure made of building material or store any building material on public property for camping. This provision further clarifies that fabric tents, fabric tarps, or other similar non-permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed to tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item into unimproved ground on public property.
Additional Safety Setbacks: Campsites would be required to be at least 5 feet from the edge of roadway pavement. This is to ensure that campers are a safe distance from passing traffic and that their belongings do not impede the flow of traffic.
Updated Enforcement Provisions: The enforcement of this amended ordinance proposes to align with the provisions in Governor Newsom’s recent Executive Order. Generally, the City will provide individuals with a 48-hour notice to cure the violation of the Camping Ordinance. However, the City will require immediate removal/abatement when the encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action.For violations relating to unpermitted structures and building materials, the proposed ordinance now permits the City to tag the structure with a notice to remove it from public property within 48 hours, again aligning with the Governor’s recent Executive Order. If the noticed structure is not removed within that timeframe, the City may immediately remove such structure and restore the public property. This would allow the City to remediate unpermitted structures in a much more efficient manner than the administrative hearing process the City currently has had to utilize to abate unpermitted structures.It is important to note that the City maintains a standard practice whereby, the City first seeks voluntary compliance and works with its non-profit community service provider partners to provide additional notice and outreach, and where available, offers assistance to affected persons including but not limited to providing new tents and sleeping bags.
Streamlined Definitions: The proposed amended ordinance consolidates the term “Camp Facility” into the term “Camp paraphernalia.” Now “camp paraphernalia” is defined as implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, camp facilities, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment, with the underlined portion representing the prior “Camp Facility” term. The definition for “public-right-of-way” now states the definition found in San Rafael Municipal Code Section 11.04.020(K)

Ordinance Regulating Camping on Public Property