Fresno Municipal Code Art. 27 Prohibition of Government-Sponsored Transport of Homeless Persons

The purpose of this Article is to help preserve the City's limited homelessness-related resources for the benefit of individuals residing in the City of Fresno, and to encourage the appropriate government agencies to provide shelter, care and outreach and other homelessness-related resources to the person experiencing homelessness within their jurisdictions, rather than transporting individuals to the City of Fresno.

(Added Ord. 2025-003, § 1, eff. 3-21-25).

(a) No law enforcement officer, agent or employee of a county, city, or any other governmental entity, when acting in their official capacity or using government property, shall transport and drop-off an individual on public property, or private property that is accessible to the public, within the City of Fresno, when the person being transported and dropped-off lacks a fixed, regular or adequate residence.

(b) A person "lacks a fixed, regular or adequate residence" [in accordance with] the meaning of subdivision (a) above when that person:

(1) Has a primary residence that is a public or private place not meant for habitation; or

(2) Lives in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, hotels, and motels paid for by charitable organizations or by federal, state or local government programs); or

(3) Is exiting an institution where they have resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

(c) The prohibition contained in subdivision (a) above shall not be interpreted to prohibit the following authorized activities:

(1) Transporting a person to be booked into a County Jail or admitted to a County-designated custody alternative facility; or

(2) Transporting a person to be treated at a hospital or other medical facility; or

(3) Transporting a person to reside at a shelter, temporary housing, or permanent housing, when the officer, agent or employee has independently verified that the individual being transported has already been accepted to reside at the facility; or

(4) Transporting a person to attend a verified appointment with a governmental or non-profit social service provider; or

(5) Transporting a person to attend a verified hearing at a federal or state court; or

(6) Any transportation or drop-off activities undertaken by the City of Fresno within the City of Fresno; or

(7) The operations of a governmental provider of public transportation, such as the Fresno Transit System.

(Added Ord. 2025-003, § 1, eff. 3-21-25).

A violation of Section 10-2702 (a) is a misdemeanor and upon conviction punishable by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment for a term not exceeding six months, or by both fine and imprisonment.

(Added Ord. 2025-003, § 1, eff. 3-21-25).