A California city passed one of the nation’s strictest anti-homeless encampment ordinances to combat the ongoing crisis.
The Fremont City Council voted 6-1 Tuesday night in favor of the law which bans camping on any public property “including any street, sidewalk, park, open space, waterway, or banks of a waterway or any private property not designated and equipped for such camping” as well as “any land designated as a high fire risk area.”
“The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city,” the ordinance read.
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It continued, “The use of streets and public areas within the city for camping purposes or for storage of personal property interferes with the rights of the public to use these areas for which they were intended. Such activity can constitute a public health and safety hazard that adversely impacts residential neighborhoods and commercial areas. Camping without the consent of the owner and proper sanitary measures adversely affects private property rights, public health, safety, and welfare of the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.”
The law stated that anyone “causing, permitting, aiding, abetting or concealing” encampments shall be guilty of a misdemeanor and subjected to either a $1000 fine or up to six months in jail. Violators may also be subjected to a temporary seizure of personal property.
However, the ordinance also requires the city to provide any violator with information regarding housing support, though the city will not be obligated to provide housing for a violator.
It is slated to take effect 30 days after it was originally passed on Tuesday.
The ordinance was originally penned in 2024 following a U.S. Supreme Court ruling that upheld anti-camping laws that have been used to prevent homeless people from sleeping in public parks.
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This vote also came months after California Gov. Gavin Newsom enacted an executive order to dismantle homeless encampments throughout the state.
“This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them — and provides guidance for cities and counties to do the same,” the order read.
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