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Salinas City Council to consider camping ban ordinance
On Tuesday, September 20 the Salinas City Council will consider for adoption an ordinance that prohibits camping in public areas within the City of Salinas. The ordinance also prohibits "loitering", and other mundane activities such as lying on a public bench and sitting on a fire hydrant.
Under proposed ordinance Sec. 16-140, "unlawful camping" in public area is defined:
"It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia".
The ordinances bans camping on all sidewalks and on all city property.
Sleeping in a public place with a sleeping bag would be considered camping under the proposed ordinance. Sleeping bags are defined as "camp paraphernalia".
The definition of loitering in the proposed ordinance closely resembles what other cities have called a "sit-lie" law:
"No person shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way".
Lying on a public bench would also be prohibited under the proposed ordinance.
Under Sec. 16-140.070, a person is in violation of the ordinance if they continue to lie on a bench after being warned by a police officer not to do so.
This section of the ordinance would also ban walking, sitting, standing, or lying on "any monument."
The ordinance gives the following examples of what types of public features are considered a monument: decorative fountains, fire hydrants, planters, railings, fences, stairwells, and parking lots or parking structures.
The ordinance focuses on "camping" and "loitering" and does not mention the word "sleep".
If adopted by the Salinas City Council on Tuesday, the ordinance will go into effect one month later.
"It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia".
The ordinances bans camping on all sidewalks and on all city property.
Sleeping in a public place with a sleeping bag would be considered camping under the proposed ordinance. Sleeping bags are defined as "camp paraphernalia".
The definition of loitering in the proposed ordinance closely resembles what other cities have called a "sit-lie" law:
"No person shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way".
Lying on a public bench would also be prohibited under the proposed ordinance.
Under Sec. 16-140.070, a person is in violation of the ordinance if they continue to lie on a bench after being warned by a police officer not to do so.
This section of the ordinance would also ban walking, sitting, standing, or lying on "any monument."
The ordinance gives the following examples of what types of public features are considered a monument: decorative fountains, fire hydrants, planters, railings, fences, stairwells, and parking lots or parking structures.
The ordinance focuses on "camping" and "loitering" and does not mention the word "sleep".
If adopted by the Salinas City Council on Tuesday, the ordinance will go into effect one month later.
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"...or use camp paraphernalia..."
Does this mean a tripod-base folding chair can no longer be used?
It's "Camp Paraphernalia".
Does this apply to a camp stove placed on a park picnic table?
If so, a lot of middle class picnics are going to be ruined by police action. (unh hunh, sure)
What cast of moron legal assistants to the city of Salinas wrote this crap?
In light of the DOJ brief defining government obligations to the houseless of America entered in Bell v Boise, I figure the camping statutes are moot. More concerning are the loitering, etc, sections of the law. The camping bullshit can be hashed out in court, but the general control of public space to prohibit poor people from congregating is a more thorny issue with many rulings in favor of those 'laws' because the areas of cities they're often applied to (sometimes solely) are, like Santa Cruz' downtown, "Special Economic Areas" allowed a lot of leeway by courts regarding how those 'economics' are 'regulated'.
Does this mean a tripod-base folding chair can no longer be used?
It's "Camp Paraphernalia".
Does this apply to a camp stove placed on a park picnic table?
If so, a lot of middle class picnics are going to be ruined by police action. (unh hunh, sure)
What cast of moron legal assistants to the city of Salinas wrote this crap?
In light of the DOJ brief defining government obligations to the houseless of America entered in Bell v Boise, I figure the camping statutes are moot. More concerning are the loitering, etc, sections of the law. The camping bullshit can be hashed out in court, but the general control of public space to prohibit poor people from congregating is a more thorny issue with many rulings in favor of those 'laws' because the areas of cities they're often applied to (sometimes solely) are, like Santa Cruz' downtown, "Special Economic Areas" allowed a lot of leeway by courts regarding how those 'economics' are 'regulated'.
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