Yolo County Municipal Code Ch. 20 Promotion of Safe and Open Public Spaces

(a) Homeless encampments such as tents and other habitable structures persist and have become a major problem on County property. Such encampments are unsafe and unhealthy for the people living in them, and they make our public spaces and the adjoining neighborhoods intimidating, less safe, and less healthy for families, residents, and visitors to County facilities. The County already prohibits camping on public and private property in the unincorporated areas of the County without permission, and the unregulated placement of tents and other habitable structures on County properties—including parking lots, areas of ingress and egress, patios, and similar spaces—is not a traditional or customary use of these important public spaces.

(b) The County of Yolo is a compassionate county and must do everything reasonably possible to transition people experiencing homelessness to stable and successful permanent housing by providing services and low-barrier-to-entry shelters. But maintaining accessible and safe access to County facilities for everyone is an important public safety objective. Tents and other habitable structures erected for temporary shelter often exhibit the following public safety hazards, all of which present public health risks and can become vectors for disease, illness, and rodents:

(1) solid waste from discarded food and other garbage, which can be an attractant to vermin and create conditions for vermin infestation;

(2) the presence of syringes;

(3) untreated human waste, which can lead to the transmission of diseases;

(4) food storage is not sanitary;

(5) no potable running water for personal hygiene, such as hand washing, the lack of which is a primary way communicable disease is spread.

(c) In addition to the foregoing concerns, tents and other habitable, temporary shelters provide a shield for criminal activity and expose members of the public and law enforcement to increased risk of assault and other threats to personal safety. This risk extends not only to members of the public seeking to access County facilities for lawful purposes, but also to nearby residents, business owners, and pedestrians. (Ord. 1514, eff. December 5, 2019)

For purposes of this Chapter:

(a) "County property" shall mean all real property owned or leased by the County or any agency or department thereof, irrespective of whether such real property is located within an incorporated area.

(b) “Encampment” shall mean a tent or any similar temporary structure consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied to a structure or bush to create an enclosed area;

(c) “Enforcing employee” shall mean the employee of the County, or the city in which the County property is located, authorized to enforce this Chapter.

(d) “Housing” shall mean placement in a shelter or another housing option provided by the County or the incorporated cities located within the County;

(e) “Personal Property” shall mean any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication;

(f) “Shelter” shall mean temporary shelter or another shelter option. (Ord. 1514, eff. December 5, 2019)

It is unlawful to place an encampment upon County property. This prohibition shall not apply to the placement of an encampment on County property pursuant to and in compliance with a permit or other written authorization signed by the County Administrator or other County employee with authority to provide such permits or authorizations. (Ord. 1514, eff. December 5, 2019)

Prior to directing a person to remove an encampment or prior to removing the encampment, the enforcing employee shall offer information to the occupant(s) regarding any available housing or shelter and other health and human services that said employee reasonably believes are relevant to the occupant(s) and their individual circumstances. (Ord. 1514, eff. December 5, 2019)

The prohibition of Section 6-20.03 may be enforced by: (1) the Sheriff’s Office, (2) the Health and Human Services Agency, (3) the Department of Environmental Health, (4) the Department of General Services, and (5) on County property within an incorporated city, the local law enforcement agency. The County Administrator, or a department designated by the County Administrator, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Chapter and may create any additional procedures consistent with this Chapter necessary or appropriate to protect the property rights of individuals whose property is taken into custody pursuant to this Chapter.

All references to enforcement are to the process of implementing the prohibition of Section 6-20.03, as set forth in this Chapter, and violations of this Chapter do not constitute infractions, misdemeanors, or felonies. No citation may be issued for a violation of this Chapter. As set forth in Section 6-20.08, below, nothing in this Chapter is intended or shall be interpreted to limit or in any way constrain enforcement action (including but not limited to the issuance of citations) for other violations of federal, state, or local law occurring in connection with an encampment. (Ord. 1514, eff. December 5, 2019)

The enforcing employee shall provide occupants of an encampment notice of intent to remove the encampment at least 24 hours in advance of any action to remove the encampment. Notice shall be in writing and shall be served personally on the occupant(s) of the encampment present when the enforcing employee attempts to serve notice. In addition, the enforcing employee shall post the notice on or near the encampment, so as reasonably to communicate the notice to persons living at the encampment but not present during the attempt to serve notice. The notice shall contain the following information:

(a) the location of the encampment;

(b) the date and time notice was served or posted;

(c) a statement that the encampment violates this chapter;

(d) an advisement that the County or City will remove the encampment 24 hours after the date and time of the notice;

(e) information about any housing or shelter and homeless services available for occupants of the encampment and the phone number and address to contact in order to obtain the housing or shelter or other health and human services;

(f) an advisement that any personal property remaining at the encampment site when the enforcing employee returns to remove the encampment will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and

(g) the address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved and that the County or City will charge no fee for storage or retrieval. (Ord. 1514, eff. December 5, 2019)

A person occupying an encampment who is present at the time the enforcing employee is removing the encampment may retain his or her personal property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permissible by law. Any personal property seized by the County or City shall be stored for no less than 90 days, with the following exceptions:

(a) Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and

(b) Items that constitute evidence of a crime or contraband may be seized and discarded, as permissible by law. (Ord. 1514, eff. December 5, 2019)

Nothing in this chapter shall be construed to permit any conduct prohibited by or limit the County’s or City’s authority to enforce any other federal, state, or local law. (Ord. 1514, eff. December 5, 2019)

In enacting and implementing this Chapter, the County is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 1514, eff. December 5, 2019)

If any section, subsection, sentence, clause or phrase of this ordinance is held by a court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this ordinance. The Board of Supervisors hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 1514, eff. December 5, 2019)