Santa Cruz Homeless Camping Law Passes, But Changes Are Coming

SANTA CRUZ, CA — The Santa Cruz City Council passed an ordinance regulating homeless camping early Wednesday morning at the close of a marathon 10-hour meeting, which included nearly two hours of public comment on the subject.

The vote was largely symbolic. The council approved the measure with a major caveat: More work must be done on the ordinance before officials can enforce it.

The council voted 5-2 to give final approval to the ordinance, which would effectively ban camping in many public places such as beaches, public parking lots and downtown and limit camping hours to nighttime. Councilmembers Sandy Brown and Justin Cummings voted in opposition.

In an unusual move, the council subsequently voted 6-1 to hold off enforcing the just-approved ordinance until councilmembers consider revisions that would include a slew of amendments discussed during the overnight meeting. City staff members were directed to submit a revised draft by April 13. Brown cast the lone dissenting vote.

The council must discuss and vote on the updated version twice before it can be approved.

Some critics called the proposal a callous, overly punitive solution to deal with a population in need of compassion. Dozens of protesters gathered outside of City Hall to protest the ordinance, Lookout Santa Cruz reported.

"You're picking on the poorest people in town," one man said during the public comment portion of the council's meeting Tuesday night.

Others felt the ordinance didn't go far enough. Residents who live near homeless encampments said the ordinance should do more to protect them from the threat of property crime or wildfires sparked by campers.

An estimated 1,200 homeless people reside in Santa Cruz, which has a housed population of about 65,000.

Santa Cruz's homeless ordinance comes two years after the 9th U.S. Circuit Court of Appeals ruled in the landmark Martin v. Boise case that police in Boise, Idaho, could enforce that city's ban on sleeping in public only if there were enough shelter beds to accommodate every homeless person in the city. The Martin v. Boise ruling forced Santa Cruz to scrap its existing ordinance and look for a new solution.

The new law on homeless camping could go into effect in early June, Cummings said during the meeting.

The timeline depends on the state of the coronavirus pandemic. Proposed changes to the ordinance include waiting to enforce the regulations until the U.S. Centers for Disease Control and Prevention loosens its COVID-19 guidelines or Santa Cruz County enters the yellow tier of the state's four-tier, color-coded COVID-19 risk assessment system.

What The Santa Cruz Homeless Ordinance Currently Says

The ordinance defines homeless camping areas, which could include sidewalks outside of prohibited areas and open spaces that are not within 75 feet of trails. Select city officials may be able to designate certain areas such as parking lots for homeless campers.

Camping would be allowed from 8 a.m. to 8 p.m. in select areas. Camping would be allowed outside of those hours if it's raining or if a person has a disability that prohibits them from being able to move often.

Some areas of Santa Cruz would be off limits to homeless campers because of cleaning and health and safety, maintenance and environmental concerns.

That includes the following (see map).

• Neighborhood and community parks.
• City-owned oceanfront areas and beaches.
• Downtown Santa Cruz.
• Public parking lots.
• Neary Lagoon.
• Jessie Street Marsh.
• Arroyo Seco Canyon.
• Areas within 75 feet of trails in open space areas.
• Bike and pedestrian paths along the San Lorenzo River.
• Areas that contain city equipment.
• Areas that pose a safety hazard or need to be accessible by first responders.
• Areas with species that are endangered or special status.

The city could also deem other areas as closed if necessary.

Campers would also be expected to abide by certain rules, such as not starting fires, keeping belongings confined to a 12-by-12-foot space per person, keeping the environment in good condition and following trash, litter and storage limitations, including not leaving out needles, car tires, bike parts and gas or generators.

More cars could park at safe sleeping sites at local businesses and religious institutions.

Increased penalties could be assessed on those who ignore the order, which could include misdemeanor charges. Santa Cruz Police Chief Andrew Mills previously said officers will seek to reduce the size of homeless encampments and the amount of time they spend in one location.

A storage program for the property of displaced homeless campers would be created. Similar programs exist in other cities that wrestle with homelessness; they allow campers to pick up their belongings after an encampment is swept.

Proposed Amendments To The Santa Cruz Homeless Ordinance

Some proposed changes include the following.

• Add Moore Creek Preserve, De Laveaga Park, Pogonip Open Space and Arana Gulch to the list of places off limits to public camping.
• Provide people camping illegally with transportation to storage facilities for their belongings.
• Require the city to conduct a quarterly census of the homeless population if the budget allows.
• Ensure a safe sleeping program — under which homeless campers can have designated, safe spots to sleep — is available when enforcement of the ordinance begins.

The public will have additional opportunities to comment on the amended ordinance at subsequent City Council meetings.

Read the original version of the ordinance below.