In light of the Grants Pass decision and the administrative burden of illegal structures in parks and rights-of-way, the City Council amended its camping ordinance.
The City’s ability to enforce its camping regulations at the Mahon Creek Area encampment (including Andersen Drive) had been limited due to an ongoing federal lawsuit which was based on claims brought under the “state-created-danger” doctrine via the Fourteenth Amendment and under the Americans with Disabilities Act. The Grant’s Pass decision, however, reversed the Ninth Circuit Court of Appeals’ ruling that Grants Pass violated the “cruel and unusual punishments” clause of the Eighth Amendment when they prohibited camping on public property.
The City had been sued on the basis that implementation of our camping regulations constituted a “state-created danger,” and since the Grants Pass decision was based on “cruel and unusual punishments” and not a “state created danger,” the Grant’s Pass decision did not provide the City with any immediate relief.
In August 2024, the court granted the City’s motion to dismiss the Boyd case and upheld the City’s amendments to its camping ordinance, allowing the ordinance’s implementation (SRMC 19.50).
The following updates now apply:
1. Grant’s Pass Amendments: Provides the City with greater flexibility to prohibit camping and/or adopt time, place, or manner conditions.
2. Unpermitted Structures and Materials: Clarifies that permanent structures are prohibited on public property. Temporary items (tents, tarps) are allowed if removable and not affixed to property, vegetation, or infrastructure.
3. Updated Enforcement Provisions: Generally, a 48-hour notice is provided before abatement. Immediate removal occurs when an encampment poses an imminent threat to life, health, safety, or infrastructure. For unpermitted structures, a 48-hour removal notice applies; if not removed, the City may abate the structure directly. The City prioritizes voluntary compliance, outreach, and assistance (including tents and sleeping bags when available).
4. Streamlined Definitions: Consolidates “Camp Facility” into “Camp paraphernalia,” defined broadly as implements and equipment used for camping (e.g., tents, cots, mattresses, sleeping bags, cookware). Updates the definition of “public-right-of-way” to align with San Rafael Municipal Code Section 11.04.020(K).