DATE: August 20, 2024
TO: Board of Supervisors
SUBMITTED BY: Steve Brandau, Supervisor, District Two
SUBJECT: Adoption of Amendment to the Ordinance Code of Fresno County, Adding Chapter 10.70, "Unlawful Camping and Obstruction of the Public Right of Way" to Title 10, "Public Peace, Morals and Welfare"
RECOMMENDED ACTION(S):
TITLE
Conduct second hearing and adopt an Ordinance to amend the Fresno County Ordinance Code, Title 10, to add Chapter 10.70, "Unlawful Camping and Obstruction of the Public Right of Way"; and waive reading of the Ordinance in its entirety.
REPORT
The recommended action will add Chapter 10.70, "Unlawful Camping Ordinance" to Title 10, "Public Peace, Morals and Welfare" of the Ordinance Code of Fresno County to prohibit unlawful camping on public and private property, and obstructions to public rights of way. The purpose and intent of this amendment is to protect the public health, safety, and welfare of all County of Fresno residents, including those residing within unlawful camping sites, by establishing a clear process for abating unlawful camping on public and private property. Article 11, section 7 of the California Constitution authorizes the legislative body of a county to adopt ordinances for the preservation of the health, safety, and welfare of the community. The proposed amendments to the ordinance would make a violation for unlawful camping punishable as a misdemeanor and impose criminal penalties for a violation with an option of behavioral health treatment or housing services in lieu of charges or penalties. California Government Code section 25132, subdivision (a), provides the authority for the legislative body of a county for unincorporated areas to enact ordinances to impose criminal fines and penalties for violations of a county's local ordinances. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board may determine not to approve the recommended action; however, the current enforcement mechanisms for addr...
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