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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />will locate and offer an available and appropriate placement in the City for the <br />individual in question. <br />4.1.3 If the individual declines the offered placement, the City <br />may proceed with enforcement of the Anti -Camping Ordinances in its sole <br />discretion subject to the dispute resolution process detailed herein. <br />4.1.4 If the alleged violation arises from an individual's <br />presence in a park outside of the established operational hours of the park, and if <br />there is no appropriate and immediately available placement for that person, the <br />City will advise the individual that they must leave the park and move to any <br />public area outside of the park. If the person does not leave the park after <br />receiving this warning, the City may issue a citation to the individual. <br />4.1.5 The requirements of this Section 4.1 shall only apply <br />until the earlier of: (a) the date on which the case of Martin v. City of Boise, 902 <br />F.3d 1031 (9th Cir. 2018) ("Martin v. Boise") is no longer applicable law within <br />the jurisdiction of the Ninth Circuit or (b) the date on which the Court finds that <br />there are sufficient appropriate and immediately available placements for the <br />unsheltered homeless population in the City. <br />4.2 Nothing in this Agreement constitutes an admission by the City <br />that its current policies and procedures for enforcement of the Anti -Camping <br />Ordinances are either: (a) different from those set forth above or (b) in any way <br />legally inadequate, or a concession by the OCCW Plaintiffs that they are legally <br />adequate. <br />4.3 Nothing in this Agreement constitutes a promise, <br />representation, or warranty, on the part of the City, that any number of beds will be <br />available to any particular person(s) at any time. The lack of availability of an <br />appropriate and immediately accessible bed for any person or persons at any time, <br />including any of the individual OCCW plaintiffs, may impact the ability of the <br />City to punish a purported violation of the Anti -Camping Ordinances. <br />25H-11 <br />