CC - Item 5C – An Ordinance of the City Council of the City of Rosemead, CA, Amending Chapter 12.36 of the Rosemead Municipal Code Relating to Unlawful Camping and Personal Property in Public PlacesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: BEN KIM, CITY MANAGER 7(/1
DATE: JANUARY 28, 2025
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, AMENDING CHAPTER 12.36 OF THE
ROSEMEAD MUNICIPAL CODE RELATING TO UNLAWFUL
CAMPING AND PERSONAL PROPERTY IN PUBLIC PLACES
SUMMARY
This staff report introduces a proposed ordinance addressing the regulation of camping and the
storage of personal property in public spaces within Rosemead. The proposed ordinance seeks to
balance the City's commitment to maintaining public health, safety, and access to public spaces
with its legal authority under the recent United States Supreme Court decision in City of Grants
Pass v. Johnson. The ordinance, along with the attendant cleanup policy, reflects a measured
approach that emphasizes compliance with federal and state law while incorporating strategies to
connect individuals experiencing homelessness with available resources. This report outlines the
ordinance's key components, relevant legal considerations, community needs, and anticipated
fiscal implications.
Legal Background
In Grants Pass v. Johnson, the U.S. Supreme Court held that regulating camping on public
property does not constitute "cruel and unusual punishment" prohibited by the Eighth
Amendment. The decision reversed the holding of the Ninth Circuit Court of Appeals, which
held that camping prohibitions were `cruel and unusual punishment" if a person was
"involuntarily" homeless. The Supreme Court held that legislative bodies, rather than courts, are
the appropriate decision maker when determining criminal regulations and penalties for camping
in public. The Court acknowledged legislative bodies have broad discretion in this regard.
However, the Court also acknowledged that a number of Constitutional and common law
protections still apply, for example competency to stand trial, a "necessity defense," due process,
and equal protection, among others.
The Grants Pass decision does not mandate changes to existing city legislation or practices but
provides clear authority for municipalities to regulate camping under specific conditions. It did
AGENDA ITEM 5.0
City Council Meeting
January 28, 2025
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not address encampment cleanup procedures, which are governed by Fourth and Fourteenth
Amendment considerations as outlined in cases such as Lavan v. City of Los Angeles and Garcia
v. City of Los Angeles. These cases establish procedural requirements for removing personal
property from public spaces, including notice, storage, and due process safeguards.
Governor Newsom's Executive Order
Following the Grants Pass decision, Governor Gavin Newsom issued Executive Order N-1-24
on July 25, 2024, urging local agencies to adopt cleanup policies consistent with Caltrans
Maintenance Policy Directive 1001-R1. This directive outlines procedures similar to those
implemented by Los Angeles post-Lavan and Garcia. The order also explained that California is
experiencing a homelessness crisis decades in the making and highlighted the potential dangers
associated with encampments, including subjecting unsheltered occupants to extreme weather,
fires, predatory and criminal activity, and widespread substance abuse.
Section 3 of the Executive Order specifically encourages local governments to adopt policies
consistent with the Caltrans policy, prioritize the removal of encampments that most threaten
public health and safety, while leveraging available State resources.
Community Need
City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse
community of users including businesses, government, and the general public for gathering,
recreating, movement of people, maintenance, and cleaning, and are frequently used by people
relying on a variety of mobility devices. Meanwhile the City is obligated to protect public health
and safety and its natural resources by maintaining clean, safe, and accessible City properties for
all residents to enjoy, including parks, open space, and the public right of way.
Rosemead has a history of proactively addressing homelessness. The proposed ordinance
regulating encampments and the storage of personal property in public spaces serves as a prudent
corollary to these initiatives. This dual approach underscores the City's dedication to ensuring
that public spaces remain accessible while supporting vulnerable populations.
Proposed Ordinance
The proposed ordinance includes the following key provisions:
• Makes it unlawful to camp, use camp paraphernalia, or sleep on public property, including
streets, sidewalks, parks, and other areas, without prior authorization;
• Prohibits the storage of personal property, including camping equipment, on public
property unless authorized by the City Manager or a City -issued permit;
Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022.
2 Garcia v. City of Los Angeles (9th Cir. 2021) 11 FAth 1113.
City Council Meeting
January 28, 2025
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• Empowers the City Manager to establish regulations and policies for enforcing the
ordinance; and
• Specifically authorizes removal of personal property, camping equipment, contraband,
litter, and waste in accordance with City administrative policies.
Attendant Cleanup Policy
The accompanying administrative policy supplements the ordinance, outlining procedures for
cleanup operations while ensuring due process. Key provisions include:
• Posting of a notice of the cleanup 48 hours in advance;
• Removal, inventory, and storage of personal property;
• Immediate disposal of trash and hazardous items;
• Notice of where to retrieve the stored personal property;
• Storage of personal property by the City for 60 days before disposal;
• An exception for immediate, no -notice removal if the encampment/storage constitutes an
imminent threat to life, health, or infrastructure; and
• Direction to connect individuals experiencing homelessness with available resources
where feasible.
These provisions align with relevant legal precedents and State directives. As a policy of the City
Manager, there is no Council action required.
FISCAL IMPACT
There is no immediate fiscal impact associated with the recommendation of this report; however,
stricter enforcement may require additional resources in the future.
STAFF RECOMMENDATION
It is recommended that the City Council introduce for first reading Ordinance No. 1026,
amending Chapter 12.36 of the Rosemead Municipal Code relating to unlawful camping and
personal property in public places and direct staff to place the ordinance on the next agenda for
consideration of adoption.
CEOA
The proposed ordinance qualifies for a finding of no possibility of significant effect pursuant to
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
Prepared by:
Rachel Richman, City Attorney
Attachments: Proposed Ordinance No. 1026 - Administrative Policy
Attachment A
Proposed Ordinance No. 1026
ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, AMENDING CHAPTER
12.36 OF THE ROSEMEAD MUNICIPAL CODE RELATING
TO UNLAWFUL CAMPING AND PERSONAL PROPERTY
IN PUBLIC PLACES
WHEREAS, the City of Rosemead is authorized by California Constitution, Article XI,
Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws; and
WHEREAS, the City is committed to protecting the life, health, and safety of its residents
and all people within the geographical boundaries of the City; and
WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared
use by a diverse community of users including businesses, government, and the general public for
gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by
people relying on a variety of mobility devices; and
WHEREAS, the City is obligated to protect public health and safety and its natural
resources by maintaining clean, safe, and accessible City properties for all residents to enjoy,
including parks, open space, and the public right of way; and
WHEREAS, on June 28, 2024, the U.S. Supreme Court issued its decision in Johnson v.
City of Grants Pass, Oregon, where, among other things, the United States Supreme Court held
that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on
public property; and
WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24,
that, among other things, explained that California is experiencing a homelessness crisis decades
in the making and highlighted the potential dangers associated with encampments, including
subjecting unsheltered occupants to extreme weather, fires, predatory and criminal activity, and
widespread substance abuse; and
WHEREAS, the Governor's order highlighted the Supreme Court's Johnson decision and
encouraged local governments to take action "with urgency" to remove encampments from public
spaces, "prioritizing those encampments that most threaten the life, health, and safety of those in
and around them;" and
WHEREAS, Chapter 12.36 of the Rosemead Municipal Code prohibits camping on public
property and storage of personal property in public; and
WHEREAS, consistent with the Supreme Court's Johnson decision, Governor Newsom's
Executive Order N-1-24, and other applicable law, the purpose of this Ordinance is to modernize
and clarify the City's tools in order to help protect the public health, safety and welfare to the
fullest extent as authorized by law; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Incorporation of Recitals. The recitals above are each incorporated by
reference and adopted as findings by the City Council.
SECTION 2. Amendment. Chapter 12.36 [Camping and Personal Property in Public Places] of
the Rosemead Municipal Code is hereby amended and restated to read in its entirety as follows:
"Chapter 12.36 — UNLAWFUL CAMPING AND PERSONAL PROPERTY IN PUBLIC
PLACES
12.36.010 - Purpose.
The regulations within this chapter are necessary to maintain public health and safety.
Unauthorized camping can lead to unsanitary conditions, increased risk of fires, and other hazards
that endanger both those camping and the general public. The City intends to mitigate the inherent
risks associated with unauthorized camping and unauthorized storage of property in public while
ensuring the rights of preserving for the public the proper use of public spaces, such as parks and
sidewalks. The purpose of this chapter is also to afford due process of law to any person who is
directly affected by this process.
12.36.020 - Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this
section shall govern the construction, meaning, and application of words and phrases used in this
chapter.
"Camp" means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, for
remaining outdoors overnight.
"Camp facilities" means a temporary, makeshift, or hand -built structure, including, a tent, hut, or
other temporary shelter.
"Camp paraphernalia" means personal property used to facilitate occupancy of an area, including,
a tarpaulin, cot, bedding, sleeping bag, hammock, or non -city -designated cooking facilities and
similar equipment.
"City Manager" means the City Manager, or his or her designee.
"Park" means any public property held out by the City or used by the public for active or passive
park and recreation uses.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place
or leave in a location.
"Street" means all streets, highways, avenues, lanes, alleys, courts, sidewalks, parkways, curbs,
public parking lots or other public ways in this City.
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12.36.020 - Unlawful camping prohibited.
It is unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or sleep
upon any public property, including any street, sidewalk, park, public parking lot, or public area,
except as authorized in writing by the City Manager.
12.36.030 - Sleeping in public places prohibited.
It is unlawful for any person to sleep upon any street at any time, as a matter of individual and
public safety.
12.36.040 - Storage of personal property in public places prohibited.
It is unlawful for any person to store any personal property, including camp facilities and camp
paraphernalia, upon any public property, including any street, sidewalk, park, public parking lot,
or public area, except as authorized in writing by the City Manager or pursuant to a City -issued
permit or license.
12.36.050 - Authority to enforce chapter; removal of personal property stored in public.
A. The City Manager may adopt regulations or policies to implement and interpret this
chapter. Any regulation or policy must conform with the purpose of this chapter.
B. The City Manager may remove personal property, camping paraphernalia,
contraband, litter, and waste found at a camp facility or any other public place, in accordance with
an administrative policy approved by the City Manager.
12.36.060 - Enforcement.
A. Violation Unlawful. It is unlawful and declared a public nuisance for any person to
violate any provision of this chapter.
B. Willful Obstruction Prohibited. It is unlawful to willfully resist, delay, or obstruct
a City employee from moving, removing, impounding, or discarding personal property stored in
public in violation of Section 12.36.030.
C. Ongoing Violations. Each and every day a violation is maintained, caused, aided,
abetted, concealed, suffered, or permitted is a separate offense.
D. Criminal Penalties. Violation of any provision of this chapter is a misdemeanor
according to Section 1.16.010 of this code, except the City Attorney may prosecute a violation of
this chapter as an infraction, at his or her discretion.
E. Administrative Citations and Civil Enforcement. Nothing in this chapter prevents
the issuance of an administrative citation for violations of the provisions of this chapter, prevents
the City Attorney from bringing a civil action, at his or her discretion, to seek the abatement of
any violation of this code.
F. Remedies Cumulative. The remedies, procedures, and penalties provided by this
chapter are cumulative to each other and to any other available under City, State, or federal law."
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SECTION 3. Environmental Review. The City Council exercises its independent judgment and
finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3: (1) Section
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment); (2) Section 15060(c)(3) (the activity is not a project as defined in
Section 15378), because the subject regulations have no potential for resulting in any significant
physical change to the environment, directly or indirectly, and (3) Section 15321 (the ordinance
addresses administrative procedures for City Manager duties).
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this ordinance or any part thereof. The City Council
hereby declares that it would have adopted this ordinance and each section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be
declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are
declared to be severable.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance
and publish in accordance with law.
PASSED, APPROVED, AND ADOPTED this day of 2025.
Margaret Clark, Mayor
APPROVED AS TO FORM: ATTEST:
Rachel H. Richman,
City Attorney
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Erick Hernandez, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROSEMEAD
I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of
California, hereby attest to the above signature and certify that Ordinance No. 1026 was first
introduced at the regular meeting of , 2025 by first reading. Said Ordinance was approved
and adopted by the City Council of the City of Rosemead at a regular meeting held on the
day of 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
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