The Sacramento City Council approved unanimously yesterday an ordinance to ban all homeless camps up to 25 feet away from all levees, however, did not address downtown street or public building encampments. City staff had recommended a much broader ban, but the council did not execute it.
Staff recommended an ordinance to prohibit homeless camps within 25 feet of riverfront levees, hospitals, bridges, police and fire stations, pump stations and other public facilities. It did not name schools. They cited safety issues concerning serious wildfire and flood dangers.
There have been over a thousand fires in the city caused by homeless encampments between May and October of last year. Also, serious weakening has occurred in the river levees by homeless encampments that dig deep holes in the levees to set up protected campsites.
Police agencies have been legally restricted from issuing citations to homeless people that are sleeping in public places if there is no available shelter bed. This was the Federal Ruling in the Martin vs City of Boise case.
There has been a slight change in the federal ruling passed in September 2018, issued by the 9th circuit US Court of Appeals that allows prohibition of homeless sites when there is health, safety and welfare dangers. Activists are claiming the City is using the footnote by the 9th court as an opening to expand the banning of homeless shelters within the city.
The proposed ordinance gave the Sacramento City Manager authority to designate these areas however, Mayor Steinberg suggested the City Manager be stripped of the responsibility to designate areas that would qualify for banning which was adopted by the council which then passed.
Several homeless people were interviewed by press reporters and stated they liked the levees because they are high, and they feel they can see danger coming. Also, they are concerned they have no place to go when forced to move when the ordinance takes effect in 30 days. Sacramento county has reported that 5,570 homeless people are living in the county on any given night. Homeless shelters are open at the Capitol Park Hotel, downtown, and in Oak Park and Meadowview this spring.