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Cas��8:18-cv-00155-DOC-JDE Document 340 Filed 09/23/19 Page 11 of 20 Page ID #:3760 I. will locate and offer an available and appropriate placement in the City for the 2 individuaLin question. 3 4.1..3 If the individual declines: the offered placement, the City 4 may proceed with enforcement of the Anti -Camping Ordinances in its sole 5 .discretion subject to the dispute resolution process detailed herein, 6 4.:1..4 .If the alleged violation arises from an individual's. 7 presence in a paik outside, of the established .operational hours of the park, and if 8 there is noappropriate and. immediately -available placement for that person, the 9 City will advise the individual that they.must leavethe park and trove to any 10.. public area outside of the park, if the person does hot leave the park. after 11 receiving this warning, .the City.may issue a citation to the individual. 12 4.1:5 The requirements of this Section 4.1 shall only apply 13 until the earlier of: (a) the date on which the case of Martin v.. City of Boise, 962 14 RM 1031 (9th Cii. 201`8) ("Martin v: Boise") is no, longer;applicablelaw within 15 the jurisdiction of the Ninth Circuit or (b) the date on which the. Court finds .that: 16 there are sufficient appropriate' and immediately available placements for the 17 unsheltered homeless population in the City, 18 4.2 Nothing in this Agreement constitutes. -an admission by the. City 19 that its current policies and procedures for enforcement of the Anti -.Camping 20 Ordinances.:are,either: (a) different: from those set forth above or (b) in any way. 2.1 legally inadequate, or a concession by the OCM Plaintiffs that they .are legally 22 adequate. 23 4.3 Nothing in this:A,greemcht constitutes a promise, 24 representation, or warranty, on the part of the City, that. any number of beds will he 25 available to any particular persons) at anytime: The lack of availabilityof.ad 26 appropriate and immediately aceessible:bed for any person or persons at.anytime, 27 including:any of the individual OCCW plaintiffs, may impact the ability of the 28 City too punish a purported violation of die „Anti -Camping Ordinances, 3