Addressing Homelessness: Questions and answers on Santa Monica’s anti-camping ordinance

Addressing Homelessness: Questions and answers on Santa Monica's anti-camping ordinance

September 13, 2024 1:31 PM
by David White

Santa Monica has implemented a balanced approach to addressing homelessness for more than 30 years, leading with compassion by providing resources, housing and other support to help people get on a pathway out of homelessness.

At the same time, enforcement of local, state, and federal laws is a critical component of keeping the community clean and safe. The Santa Monica Municipal Code has included a prohibition on camping in public spaces for decades, and Santa Monica has remained responsive to evolving judicial guidance, including several cases at the United States Supreme Court.

The combination of a services-forward approach and enforcement of the anti-camping ordinance, when necessary, supported by the availability of temporary shelter beds, has ensured that Santa Monica has not seen the large-scale tent cities and encampments that many neighboring jurisdictions are grappling with today.

On Tuesday, Sept. 10, the Santa Monica City Council discussed the city's approach to anti-camping enforcement and approved an update to the Municipal Code, returning to the language of the ordinance in effect from 1995 to 2022. Below is a list of frequently asked questions and answers to help clarify the actions taken by the City Council and provide greater detail on the path forward.

Frequently asked questions

What does the Santa Monica Municipal Code define as camping?

4.08.095 Prohibition against camping in public places:

(a) No person shall camp in a prohibited public place.

(b) For the purpose of this Section:

• "Camp" means to erect, maintain, or occupy a camp facility for the purpose of living accommodations.
• "Camp facility" means the use of, settling, fixing in place, setting up, locating, or leaving behind in a prohibited public place any or a combination of the following: tents, huts, other temporary physical shelters, cots, beds, sleeping bags, hammocks, or bedrolls.
• "Prohibited public place" means any of the following: the public parks listed in Section 4.55.020, public beaches, the Santa Monica Municipal Pier, public streets, public alleyways, public parking lots, public passageways, public rights-of-way, publicly-owned landscaped areas or greenbelts, public educational institutions including properties owned by the Santa Monica-Malibu Unified School District or Santa Monica College, or other government-owned properties located within the City of Santa Monica.

(c) The City Council may, by majority vote, establish one or more specified camping areas. Such camping areas, if any, may be located in prohibited public places, except that such camping areas shall not be located within public parks.

What is the history of the city's anti-camping ordinance?

The city's prohibition against camping has remained largely intact since it was originally implemented in 1995. The camping prohibition was adopted as part of a series of code changes aimed at managing the city's public spaces.

In 2022, the U.S. Court of Appeals for the 9th Circuit released a decision in the case of City of Grants Pass v. Johnson. Decisions by the 9th Circuit apply to all jurisdictions in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and Guam.

The ruling made clear that people experiencing homelessness were entitled to the use of rudimentary protections from the elements. To comply with the ruling, the Santa Monica City Council modified the Municipal Code to remove sleeping bags and bedrolls from the list of items that could be used to determine whether an individual is camping in a public space in violation of the municipal code. The ordinance also added the following: "This ordinance does not prohibit those who are homeless from using sleeping bags, blankets, pillows, and/or bedrolls while sleeping."

This year, the U.S. Supreme Court reversed the 9th Circuit's ruling in the Grants Pass case. As a result, cities across Southern California, including Santa Monica, have been re-examining their anti-camping ordinances.

Read the Supreme Court's full written opinion here.

What did the Santa Monica City Council do on Sept. 10 and what did it change?

As a result of the 2024 Supreme Court ruling in Grants Pass, the Santa Monica City Council approved an ordinance on Sept. 10 amending the section of the Municipal Code pertaining to camping in public spaces. The ordinance will return for final adoption on Sept. 24.

The ordinance:

• Reinserted "bedrolls and sleeping bags" into the definition of a "camp facility"
• Removed 2022 added language that explicitly allowed people living in homelessness to use "sleeping bags, blankets, pillows, and/or bedrolls while sleeping."

The updated ordinance allows the city to continue camping enforcement and consider bedrolls and sleeping bags when determining if an individual is taking over public space for the purpose of establishing a living environment (or "camp facility" as defined in the Municipal Code).

The City Council also asked city staff to monitor actions in other West Coast cities about anti-camping ordinances and enforcement as well as addressing temporary shelter availability.

Is it illegal to sleep in public spaces?

No. The Municipal Code's prohibition against camping requires a determination that an individual is using a public space for purposes of a "living accommodation." There is no prohibition against simply sleeping in a public place.

The code does include additional prohibitions against obstructing the public right of way, blocking doorways in certain areas overnight, and being in parks after hours.

How does the updated ordinance change the city's approach to addressing camping in public spaces?

The updated ordinance does not allow police officers to arrest or cite someone solely for having a sleeping bag or bedroll, or for lying down with a blanket in the grass and sleeping.

The updated code does allow police to consider bedrolls and sleeping bags as part of their determination of whether someone is camping. A person may be in violation of the anti-camping ordinance if they have erected or maintained a camp facility in a public space for their own living accommodation. To determine if this is the case, a police officer takes into consideration the totality of the circumstances, including the possession of a tent, sleeping bag, bedroll or other prohibited items.

Can the city arrest people for sleeping in cars?

The ruling in the Grants Pass case does not address sleeping in cars. The City Council may direct staff and the City Attorney's Office to explore options and potential code updates in light of this ruling.

What other ordinances does the Municipal Code include regarding use of public spaces?

For decades, the city has taken proactive steps to ensure major encampments, as seen in neighboring cities, do not pop up in Santa Monica. The Santa Monica Police Department takes an active role in enforcing the following code sections:

• 4.08.095 Prohibition against camping in public
• 4.08.097 Prohibition against sitting or lying in doorways at night in specific locations
• 3.12.360 Obstructing, leaving or placing property on, or sitting or lying on public rights of way or public property
• 4.55.120 Park closure at nighttime to discourage overnight camping in parks
• 4.55.240 Beach - Tents

What has the state directed California agencies to do about encampments?

On July 25, Gov. Gavin Newsom issued an executive order mandating agencies and departments under his authority to draft polices to address encampments on property controlled by the State of California. Gov. Newsom directed agencies to follow the California Department of Transportation's Maintenance Policy Directive 1001-R1 as a guide.

Although this order has no direct effect on Santa Monica, much of what is stated in the policy are actions the city has already taken for years. The city will continue to uniformly enforce its anti-camping, sit/lie, and doorway violation ordinances to the fullest extent that the law and resources allow.

What is the Santa Monica Police Department's approach to enforcing the prohibition of camping in public spaces?

The Supreme Court decision in the Grants Pass case effectively restores the authority of local governments to create and enforce laws that regulate behavior within their jurisdictions, including anti-camping ordinances.

The court was clear that cities should lead with offering services and alternatives for individuals who are camping in public spaces prior to pursuing criminal enforcement.

For decades, the Santa Monica Police Department (SMPD) has been committed to enforcing the anti-camping ordinance legally and in accordance with case law and best practice. This means giving warnings and making referrals to shelters and other social services prior to issuing citations for camping.

What training is provided to SMPD officers around approaching people living in homelessness?

All uniformed police personnel whose jobs include interacting with and/or advising or citing individuals under the anti-camping ordinance participate in ongoing training conducted by members of the Homeless Liaison Program (HLP) Team.

This includes properly identifying and articulating the presence of a camp facility as defined by the municipal code. Additional training is provided by members of the City Attorney's Office who prosecute violations. The City Attorney's Office regularly provides legal updates and guidance for officers and supervisors about best practices for enforcement.

What happens after someone is cited or arrested for violation of the anti-camping ordinance?

All misdemeanor citations and arrests are referred to the Santa Monica City Attorney's Office, where they are reviewed by a prosecutor who makes an independent decision on whether to file a criminal charge. Charges are filed based on a review of all available evidence that demonstrates someone has created a camp facility for the purpose of a living accommodation. This can include a police report, body cameras, pictures, and the individual's prior contacts with SMPD for the same crime.

Consistent with the city's lead-with-compassion approach, the City Attorney's Office has created several diversion programs to prioritize treating the underlying conditions that may have led to the violations, such as mental health and drug addiction issues.

What do I do if I see someone in crisis from drugs, alcohol, or mental health?

If you believe someone is experiencing a medical emergency or is an immediate threat to public safety, call 911.

For non-urgent requests or concerns, call the non-emergency police and fire number at (310) 458-8491 or contact the city's 311 system online, by calling (866) 311-7266 or by emailing [email protected].

Authored By

David White
City Manager

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