Irwindale Municipal Code Ch. 9.72 Prohibition of Unsanctioned Government-Sponsored Relocation of Unhoused…

The purpose of this chapter is to:

1. Help preserve the city's limited homelessness-related resources, including, but not limited to, shelter and outreach, for the benefit of individuals residing in the city; and

2. Encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to persons experiencing homeless within their jurisdiction, rather than simply transporting these individuals elsewhere; and

3. Prevent government agencies from engaging in the cruel and inhumane treatment of unhoused persons.

(Ord. No. 791, § 2, 12-11-24)

A. No law enforcement officer, agent, or employee of a county, city, or other governmental entity, when acting in their official capacity, shall transport and drop off an individual on public property or private property that is accessible to the public within the city of Irwindale if the individual lacks a fixed, regular, and adequate nighttime residence.

B. A person "lacks a fixed, regular, and adequate nighttime residence" within the meaning of this section if that person:

1. Has a primary nighttime residence that is on public property or private property not meant for habitation; or

2. Lives in a publicly or privately operated shelter designated to provide temporary living arrangements, including, but not limited to, congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs; or

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

(Ord. No. 791, § 2, 12-11-24)

The prohibitions of this chapter shall not apply to the following authorized activities:

1. Transporting a person to be treated at a hospital or other medical facility; or

2. Transporting a person to reside at a facility such as a shelter, temporary housing, or permanent housing, when a law enforcement officer, agent, or employee of a county, city, or other governmental agency has verified that the individual being transported has already been accepted to reside at the facility; or

3. Transporting a person to attend a verified appointment with a governmental or non-profit social service provider; or

4. Any transportation or drop off activities undertaken by the city of Irwindale or the city of Irwindale Police Department on the city's behalf within the city of Irwindale; or

5. The operations of a governmental provider of public transportation, including, but not limited to, the Metro, Metrolink, and Foothill Transit.

(Ord. No. 791, § 2, 12-11-24)

A violation of any provision of this chapter shall be a misdemeanor.

(Ord. No. 791, § 2, 12-11-24)