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Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 19, 2024
TOPIC: Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law
Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and
Chapter 36 of the Santa Ana Municipal Code
AGENDA TITLE
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law
Enforcement Provision) and Amending Related Sections in Chapter 31, Chapter 33, and
Chapter 36 of the Santa Ana Municipal Code
RECOMMENDED ACTION
Conduct a first reading and adopt an ordinance adding and amending various articles
and sections of the Santa Ana Municipal Code to prohibit conduct that interferes with
public rights of access to public property to address changes in the law brought by the
City of Grants Pass, Oregon v. Johnson, et. al., 144 S. Ct. 2202 (2024):
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADDING ARTICLE XIV (PROHIBITING INTERFERENCE
WITH AND ACCESS TO PUBLIC PROPERTY) TO CHAPTER 10 (CRIMES AND
MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) OF THE SANTA ANA
MUNICIPAL CODE AND AMENDING RELATED SECTIONS IN CHAPTER 10,
CHAPTER 31 (RECREATION, PARKS AND PLAYGROUNDS), CHAPTER 33
(STREETS, SIDEWALKS AND PUBLIC WORKS, AND CHAPTER 36 (TRAFFIC) TO
PROHIBIT CONDUCT THAT INTERFERES WITH PUBLIC RIGHTS OF ACCESS TO
PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY
OF GRANTS PASS, OREGON V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The City of Santa Ana, including all city departments, remains committed to ensuring
the safety, health, and general welfare of all of its residents, visitors, and businesses. As
part of that commitment, it continues to be the obligation of the City to keep the public
areas clean and available for public use and to ensure access by the public to all
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement
Provision) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of
the Santa Ana Municipal Code
November 19, 2024
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property, both public and private, by the disabled, elderly, families, children, and visitors
to the City of Santa Ana. The Police Department is primarily responsible for the
enforcement of the laws and the Public Works Agency collaborates with the Parks,
Recreation, and Community Services Agency to maintain the cleanliness of all public
areas, including the parks.
The City has taken proactive measures to address the underlying issues leading to
unlawful camping and the storage of personal items on public property, including, but
not limited to, the implementation of two outreach and engagement teams to address
needed resources for unsheltered persons. On June 12, 2022, the City opened the
Navigation Center, which operates 24 hours a day, seven days a week, providing 200
beds for men, women, couples, and families, a commercial kitchen, and an outdoor
area for participants and their pets, to provide shelter to homeless persons in the City of
Santa Ana. Despite these efforts, the challenges persist.
In May of 2024, the County of Orange released its 2024 point in time count and
estimated a total of 7,322 individuals experiencing homelessness living in Orange
County, a 28% increase from two years prior. During the same count, it was estimated
the City of Santa Ana has 871 unsheltered persons living in the City, a significant
increase from 2022, where it was estimated the City had 508 unsheltered persons living
in the City.
The City of Santa Ana has adopted regulations to address interference and access to
public areas and continues to look for ways to provide necessary resources to the
unsheltered in order to provide a multi-faceted and holistic approach to ensuring the
safety, health, and general welfare of all of its residents. However, the public continues
to express concern that access to public and private property is being impeded or
prevented by people camping on public property, by the storage of personal items on
public property, and by people using the public rights-of-way to sit, sleep, and lie down.
In 2024, the United States Supreme Court issued new law addressing the enforcement
of laws regarding sleeping, camping, and storing personal property in public parks and
public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024)
(“Grants Pass”).
Based upon the court’s ruling, City Staff recommends adding to and amending the
Santa Ana Municipal Code to provide additional enforcement mechanisms to
complement and enhance existing efforts to the on-going Quality of Life challenges
experienced by our residents, visitors, and businesses.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
Ordinance Adding Article XIV to Chapter 10 (Crimes and Miscellaneous Law Enforcement
Provision) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of
the Santa Ana Municipal Code
November 19, 2024
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FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance (Redline for First Reading)
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, City Manager
Ordinance No. NS-XXX
Page 1 of 16
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADDING ARTICLE XIV (PROHIBITING
INTERFERENCE WITH AND ACCESS TO PUBLIC
PROPERTY) TO CHAPTER 10 (CRIMES AND
MISCELLANEOUS LAW ENFORCEMENT PROVISIONS)
OF THE SANTA ANA MUNICIPAL CODE AND AMENDING
RELATED SECTIONS IN CHAPTER 10, CHAPTER 31
(RECREATION, PARKS AND PLAYGROUNDS), CHAPTER
33 (STREETS, SIDEWALKS AND PUBLIC WORKS, AND
CHAPTER 36 (TRAFFIC) TO PROHIBIT CONDUCT THAT
INTERFERES WITH PUBLIC RIGHTS OF ACCESS TO
PUBLIC PROPERTY TO ADDRESS CHANGES IN LAW
BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON
V. JOHNSON, ET. AL., 144 S. Ct. 2202 (2024)
WHEREAS, Section 200 of the City Charter of the City of Santa Ana (“City”) vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
City Charter and the State Constitution, and the power to exercise, or act pursuant to any
and all rights, powers, and privileges or procedures granted or prescribed by any la w of
the State of California; and
WHEREAS, on August 8, 1992, the City of Santa Ana adopted Ordinance No.
2160, adding provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement
Provisions) to address, regulate and enforce violations of both camping and storage of
personal property in parks, streets and public parking lots or public spaces, improved or
unimproved; and
WHEREAS, the stated purpose of Article VIII (Camping and Storage of Personal
Property) at Section 10-400 was to “maintain public streets and areas within the City of
Santa Ana in a clean and accessible condition”; and
WHEREAS, on May 3, 1993, the City of Santa Ana adopted Ordinance No. 2194
amending Article VIII to modify the definition of “camp”; and
WHEREAS, the City’s adoption of Section 10-400, et. seq. was challenged by
three homeless individuals arguing, on various grounds, that the law was unconstitutional;
and
WHEREAS, in Tobe v. City of Santa Ana, 9 Cal.4th 1069, the Supreme Court held
that the ordinance did not impermissibly restrict the right to travel and was not
unconstitutionally vague or overbroad; and
WHEREAS, the City is committed to ensuring the safety, health and general
welfare of all of its residents, visitors and businesses; and
EXHIBIT 1
Ordinance No. NS-XXX
Page 2 of 16
WHEREAS, as part of that commitment, it has been and continues to be the
obligation of the City to keep the public areas clean and available for public use and to
ensure access by the public to all property, both public and private, by the disabled,
elderly, families, children, and visitors to the City of Santa Ana; and
WHEREAS, the City has taken proactive measures to address the underlying
issues leading to unlawful camping and the storage of personal items on public property,
including, but not limited to, the implementation of two outreach and engagement teams
to address needed resources for unsheltered persons in the City, possible through the
use of grants and the expenditure of City funds; and
WHEREAS, the Santa Ana Multi-Disciplinary Response Team (SMART), a pilot
program between the City and CityNet, is a specialized non-police response team that
provides outreach via direct field engagement, to offer resources including shelter and
connections to mental health and medical treatment in association; and
WHEREAS, the Quality of Life Team (QOLT) is a multi-disciplinary team to
address quality of life issues throughout the City. The team problem solves issues
regarding homelessness in the field including outreach services, encampment clean-up
and enforcement action when necessary; and
WHEREAS, on June 12, 2022, the City also opened the Navigation Center which
operates 24 hours a day, seven days a week, providing 200 beds for men, women,
couples and families, a commercial kitchen, and an outdoor area for participants and their
pets, to provide shelter to unsheltered persons in the City of Santa Ana; and
WHEREAS, in 2023, the Department of Housing and Urban Development (“HUD”)
released its Annual Housing Assessment Report, which estimated that there are 653,104
homeless Americans, based on its annual Point-In-Time (“PIT”) Count, representing a
12.1% increase from the same report in 2022; and
WHEREAS, HUD data also provided that California is home to four (4) of the
nation’s top ten major metropolitan areas with the largest number of persons experiencing
homelessness, along with New York, Texas and Florida; and
WHEREAS, in May of 2024, the County of Orange’s released its 2024 PIT Count
and estimated that a total of 7,322 persons experiencing homelessness were living in
Orange County, a 28% increase from two years prior; and
WHEREAS, from that same count, it was estimated that the City of Santa has 871
unsheltered persons living in the City, a significant increase from 2022, where it was
estimated the City had 508 unsheltered persons living in the City; and
WHEREAS, recently, the Supreme Court issued new law addressing the
enforcement of laws regarding sleeping, camping and storing personal property in public
Ordinance No. NS-XXX
Page 3 of 16
parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202
(2024) (“Grants Pass”); and
WHEREAS, although the City of Santa Ana adopted municipal code regulations to
address interference and access to public areas and continues to look for ways to provide
necessary resources to the unsheltered in order to provide a multi -faceted and holistic
approach to ensuring the safety, health and general welfare of all of its resident s, the
public continues to express concern that access to public and private property is being
impeded or prevented by people camping on public property, by the storage of personal
items on public property, and by people using the public rights -of-way to sit, sleep and lie
down; and
WHEREAS, other public spaces, including public plazas and public rights-of-way
as well as other public property not covered by existing regulations, are similarly intended
for the use and enjoyment of all members of the community and should be maintained in
a safe and accessible condition; and
WHEREAS, the storage of unattended personal property on public property also
creates a particular safety and security risk to the public requiring additional, broader
regulations; and
WHEREAS, for all of the foregoing reasons, the City Council desires to amend the
Santa Ana Municipal Code to provide additional protections for the public health, safety
and general welfare and additional enforcement mechanisms for those purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
Section 2. The City Council finds and determines, in accordance with the
California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the
introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 16060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment.
Section 3. Article VIII (Camping and Storage of Personal Property) of Chapter 10
is hereby amended to read as follows:
ARTICLE VIII. – CAMPING AND STORAGE OF PERSONAL PROPERTY
Sec. 10-401. - Definitions.
Ordinance No. NS-XXX
Page 4 of 16
Unless the particular provisions or the context otherwise requires, the definitions
contained in this section shall govern the construction, meaning and application of
words and phrases used in this article.
(a) Camp means to pitch or occupy camp facilities; to use camp paraphernalia .
(1) to pitch or occupy camp facilities ;
(2) to use camp paraphernalia ; or
(3) to use property for living accommodation purposes or to use a vehicle
for human habitation. A person shall be considered to be using property
for living accommodation purposes if the person admits they are
camping; the person is using a camp facility or camping p araphernalia
between the hours of 10 p.m. and 6:00 a.m. to live in a vehicle or
outdoors or remain outdoors overnight; or, based on the totality of the
circumstances, it is established that a person is using the property to
live, dwell or reside, which is exemplified by the person sleeping or
preparing to sleep outdoors; the person having with them damaged
recreational equipment that cannot be used for its intended purpose;
the person having with them camp stoves, pots, pans, or other
cooking equipment in an area that is not designated for cooking; the
person having with them a sleeping bag, sleeping pad, blanket, pillow,
bedroll or other similar bedding; the person having with them trash,
recyclables, rubbish, or other garbage; the person having with them
blankets, pillows or cardboard boxes that are used for weather
protection; the person having with them human waste, animal waste or
medical waste that is stored in buckets, bottles or similar containers;
and/or the person bathing or grooming themselves outside of facilities
designated for these purposes.
(b) Camp facilities include, but are not limited to, tents . huts or temporary shelters.
(c) Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, hammocks or non-city designated cooking facilities and similar
equipment.
(d) Civic Center means the area in the City of Santa Ana, County of Orange, State
of California, bounded by Sycamore Street on the east, Civic Center Drive West
on the north, Shelton Street on the west, and Santa Ana Boulevard on the south.
(e) Store means to put aside or accum ulate for use when needed, to put for
safekeeping, to place or leave in a location.
(e) Landscaped Area means all improved landscaped areas, except for open grass
areas.
Ordinance No. NS-XXX
Page 5 of 16
(f) Street means the same as defined in section 1-2 of this Code.
(f ) Park means the same as defined in section 31-1 of this Code.
(g) Personal Property means tangible personal belongings or possessions, which
shall include any movable or tangible thing that is subject to ownership; property
or chattels that can be seen, weighed, measured, felt, or touched, including, but
not limited to, furniture, appliances, items used for camping such as tents or
bedding, money, books, and “shopping carts” as defined in Sec. 33 -210 of this
Code.
(h) Public plaza means an open public area that is owned or controlled by the
State, the County, the City, or other public entity that has been physically
improved, where people can gather, including, but not limited to, Plaza of the
Flags and Plaza Calle Quatro.
(i) Public rights-of-way or right-of-way means any place of any nature which is
dedicated for use by the general public for pedestrian and vehicular travel, and
includes, but is not limited to, a street, sidewalk, curb, crossing, intersection,
parkway, highway, boulevard, road, roadway, tunnel, bridge, thoroughfare or any
other similar public way, or a utility easement in which the City has an interest.
(j) Store, Stored, Storing or Storage means to put aside or accumulate for use when
needed, to put for safekeeping, to place or leave in a location. Moving personal
property to another location on public property or returning personal property
within 1,000 feet from a location where a person previously received a
citation for violation of Section 10-403 within a thirty (30) day period shall be
considered storing personal property and shall not be considered to be
removing the personal property from public property.
(k) Street means the same as defined in section 1-2 of this Code.
(l) Tent means any tarp, cover, hut, structure, enclosure or shelter, made of any
material that is not open on all sides and which hinders an unobstructed view
behind or into the area surrounded by the tarp, cover, hut, structure, enclosure,
or shelter.
Sec. 10-402. - Unlawful camping.
It shall be unlawful for any person to camp, occupy camp facilities or use camp
paraphernalia in the following areas, except as otherwise provided:
(a) Any street;
Ordinance No. NS-XXX
Page 6 of 16
(b) Any public parking lot or public area, improved or unimproved ;
(c) Any Landscaped Area;
(d) Any public rights-of-way;
(e) Any public plaza;
(f) The Civic Center;
(g) Any median;
(h) Any park.
Sec. 10-403. - Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities
and camp paraphernalia, in the following areas, except as otherwise provided by
resolution of the city council:
(a) Any park;
(b) Any street;
(c) Any public parking lot or public area, improved or unimproved .;
(d) Any Landscaped Area;
(e) Any public rights-of-way;
(f ) Any public plaza;
(g) The Civic Center.
Sec. 10-404 – Enforcement.
(a) Any person who violates this Article may be charged with an infraction or a
misdemeanor at the discretion of the City officer.
(b) In addition to any other remedy allowed by law, any person who violates a
provision of this Article is subject to criminal sanctions, civil actions, and
administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal
Code.
Ordinance No. NS-XXX
Page 7 of 16
(c) All remedies prescribed under this Article are cumulative and the election of one
or more remedies does not bar the City from the pursuit of any other remedy to
enforce this Article.
(d) An individual charged violation of this Article, in lieu of being taken to jail, may,
at the election of the citing police officer and with consent of the individual, be
taken to a facility providing social services related to me ntal health, housing,
and/or substance abuse treatment.
Section 4. Article X (Civic Center Regulations) of Chapter 10 is hereby amended
to read as follows:
ARTICLE X. - CIVIC CENTER REGULATION
Sec. 10-550. - Camping in the Civic Center.
(a) For the purposes of this article, "camping" or "camp" is defined as the use of the
public areas of the Civic Center for living accommodation purposes such as
sleeping activities, or making preparations to sleep (including the laying down of
bedding for the purpose of sleeping), or storing personal belongings, or making
any fire, or using any tents or shelter or other structure or vehicle for sleeping or
doing any digging or earth breaking or carrying on cooking activities.
(b) For the purposes of this article, "Civ ic Center" is defined as the area in the City
of Santa Ana, County of Orange, State of California, bounded by Sycamore
Street on the east, Civic Center Drive West on the north, Shelton Street on the
west, and Santa Ana Boulevard on the south.
(c) The activities listed in subsection (a) above constitute camping when it
reasonably appears, in light of all the circumstances, that the participants, in
conducting these activities, are in fact using the area as a living accommodation
regardless of the intent of the participants or the nature of any other activities in
which they may be engaging.
(d) No person shall camp in the Civic Center.
(e) Short-time, casual sleeping which does not occur in the context of using the Civic
Center for living accommodations will not be affected by this section.
Sec. 10-551. - Storage of property prohibited in civic center.
(a) Within the civic center, possession and/or use of the following items or
engagement in the following activities are prohibited:
(1) Placement of any item in a manner that impedes pedestrian access
to/through the public walkways or general right -of-way.
Ordinance No. NS-XXX
Page 8 of 16
(2) Placement or use of an upright structure or materials to form a wall or
barrier, but not including umbrellas, canopies, or other shade structu res
so long as they do not create enclosed spaces on civic center public
property.
(3) Construction and landscaping materials including but not limited to,
lumber, pallets, plywood, paint, drywall, nails, screws, hammers,
screwdrivers, small hand tools, or cutting tools.
(4) Compressed gas containers, except for in -use medical purposes.
(5) Weapons.
(6) Generators, solar panels, or motorized vehicle batteries or accessories.
(7) Machinery, including but not limited to, power tools or construction
equipment.
(8) Amplifiers.
(9) Hazardous chemicals or materials.
(10) Barbecues or grills.
(11) Propane tanks.
(12) Gasoline or other similar combustible or flammable liquids, gases or solid
fuels.
(13) Shopping carts (See also section 33-215).
(14) Furniture, including but not limited to, recliner chairs, mattresses, sofas,
coffee tables, desks, chests of drawers, and bookcases.
(15) Athletic equipment such as baseball bats, boxing apparatus, weights,
hockey sticks, golf clubs or similar items.
(16) Any structure or apparatus that can be described or used as an outdoor
shower.
(17) Any items used as temporary toilets for human waste.
(18) Storage of non-functioning bicycles or bicycle parts.
(19) Storage, dismantling and sorting of any discarded recyclable materials
such as newspapers, metals, cans, or bottles.
Ordinance No. NS-XXX
Page 9 of 16
(20) Area rugs or carpets.
(21) Running or stringing any utility cord or line into, upon, or across the civic
center area.
(22) Conducting, advertising, announcing, or calling the public attention to the
purchase, barter or sale of any article, good or service for sale or hire,
unless by any regularly licensed business or concessionaire acting by and
under the authority and regulation of the city.
(23) Possession or storage of any uncapped hypodermic needles, unless
within a medically approved and sealed container.
(b) Notwithstanding subsection (a), a public agency, a non -profit entity or an
individual shall not be in violation of this section if they have a permit or written
permission from the city manager, or his or her designee, to possess the
prohibited items or en gage in the identified activities in connection with an
approved contract for work, event or celebration.
(c) Subsection (a)(2) shall not be enforced while it is raining.
Sec. 10-552. Sec. 10-550 - Limitation of animals in the civic center.
No person shall own, keep or harbor more than three (3) animals in the civic center,
except for service dogs as defined by law.
Sec. 10-553.. Sec. 10-551 - No vehicles in pedestrian areas in the civic center.
No person shall operate or park a motorized vehicle in the civic center, except on a
vehicular road designated for that purpose in the civic center, without the written
permission from the city manager, or his or her designee, provided however, that this
section shall not apply to motorized personal assistive devi ces or law enforcement
vehicles, maintenance vehicles or contractor vehicles on civic center plazas, walkways
or other areas intended for pedestrians where the drivers of these vehicles are on the
property to fulfill their professional responsibilities.
Sec. 10-554. Sec. 10-552 - Permit required to provide organized services in the civic
center.
(a) No person, entity, organization or business shall provide organized food, medical
or social services or events in the civic center without first obtaining an ev ent
permit in accordance with policies adopted by the city manager, or his or her
designee, and any applicable licenses or permits required to provide such
services or access to civic center property. The purpose of this section is to
ensure that all servi ces are provided in an organized manner by those who have
Ordinance No. NS-XXX
Page 10 of 16
the proper experience and/or credentials needed to provide the service and who
have submitted a set-up and clean-up plan to the city.
(b) This section shall not apply to city, county, state or federal employees conducting
official business or those who are contracted by these agencies to provide
services related to that official business.
Section 5. Article XIV is hereby added to Chapter 10 to read as follows:
ARTICLE XIV. – PROHIBITING INTERFERENCE WITH AND ACCESS TO PUBLIC
PROPERTY
Sec. 10-850. – Definitions.
(a) Landscaped Area means the same as defined in Sec. 10-401 of this Code.
(b) Park means the same as defined in Sec. 31-1 of this Code.
(c) Personal Property means the same as defined Sec. 10-401 of this Code.
(d) Public Plaza means the same as defined Sec. 10-401 of this Code.
(e) Public Property means all property owned or controlled by the State, the
County, the City, or other public entity including, but not limited to, any publicly
owned or controlled building, structure, restroom, bridges, beach, parking
garage, parking lot, passageway, pier, public rights-of-way, driveway,
landscaped area, parkway, median, greenbelt, open space, public park, or park
facility.
(f) Public rights-of-way or public right-of-way means the same as defined in Sec. 10-
401 of this Code.
(g) Store, Stored, Storing or Storage means the same as defined Sec. 10-401 of this
Code
(h) Tent means the same as defined Sec. 10-401 of this Code.
(i) Unattended means no person is present with the personal property who asserts
or claims ownership over the personal property.
Sec. 10-851. - Sitting, Lying, or Sleeping, or Storing, Using, Maintaining or Placing
Personal Property on Public Property.
(a) No person shall fix in place, store, maintain or leave personal property that is
unattended on public property.
Ordinance No. NS-XXX
Page 11 of 16
(b) No person shall set up, make use of, fix in place, store, locate, maintain, or leave
behind a tent on public property.
(c) No person shall sleep, lay down, or lodge in a public restroom.
(d) No person shall sleep or lay down on a public bench or bike rack.
(e) No person shall sit in any moveable chair, bucket, crate, cooler, or similar personal
property, sleep, or lay down upon a public right-of-way, street, park, public plaza,
or the Civic Center.
(f) No person shall remain upon any public plaza, park or Civic Center between the
hours of 10:00 p.m. and 6:00 a.m. the following morning, except it shall not be a
violation of this subsection for a person to traverse a park, public plaza or Civic
Center without stopping.
(g) No person shall sit, lie, or sleep or store, use, maintain, or place personal property
on a median or landscaped area.
(h) No person shall obstruct public or private access by sitting, lying, or sleeping on
public property or by storing, using or maintaining, or placing personal property on
public property:
(1) In a manner that obstructs or impedes passage, as provided by the
Americans with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp,
or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection
used by the Fire Department;
(4) Within twenty (20) feet of the entrance to the public restroom or park;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any
building, establishment, retail store, restaurant, office building or other place
into which the public is invited;
(6) Within ten (10) feet of an automatic teller machine or any door that provides
access to the automatic teller machine;
(7) Within ten (10) feet of an electronic vehicle charging station, parking pay
station or parking meter;
Ordinance No. NS-XXX
Page 12 of 16
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street,
roadway, highway, or alley intersect.
(9) In a manner that unreasonably interferes with the use of the public right-of-
way by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or
cancer treatment facility.
(i) It shall not be a violation of subsection (h) for a person to sit for purposes or viewing
a legally conducted parade or similar lawful or permitted event.
Sec. 10-852. Enforcement
(a) Any person who violates this Article may be charged with an infraction or a
misdemeanor at the discretion of the City officer.
(b) In addition to any other remedy allowed by law, any person who violates a
provision of this Article is subject to criminal sanctions, civil actions, and
administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal
Code.
(c) All remedies prescribed under this Article are cumulative and the election of one
or more remedies does not bar the City from the pursuit of any other remedy to
enforce this Article.
(d) An individual charged violation of this Article, in lieu of being taken to jail, may,
at the election of the citing police officer and with consent of the individual, be
taken to a facility providing social se rvices related to mental health, housing,
and/or substance abuse treatment.
Section 6. Article I (In General) of Chapter 10 is hereby amended to add new
sections and amend others to read as follows:
Sec. 10-95. Loitering in Public Benches, etc.
No person shall loiter, stand, lie, sleep, sit or in any manner obstruct public or
private access, by ingress or egress, in or at the entrance of any public or private
building so as in any manner to obstruct such ingress or egress access.
Sec. 10-98. Obstructing Public or Private Access.
No person shall sleep, lay down, or lodge in a public restroom.
Sec.10-100. Prohibition of obstructive matter in the public right-of-way.
Ordinance No. NS-XXX
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(a) No person shall place, maintain, store, abandon, affix, attach or otherwise cause the
location of any obstructive matter on any street, sidewalk, alley or parkway within any part
of the public right-of-way, including all of the following:
(1) Or in a manner that obstructs or impedes passage, as provided by the American
with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or
loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection
used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, public park, public
trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any
building, establishment, retail store, restaurant, office building or other place into which
the public is invited;
(6) Within ten (10) feet of an automatic teller machine or any door that provides
access to the automatic teller machine;
(7) Within ten (10) feet of an electric vehicle charging station, parking pay station
or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street,
roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public right-of-way
by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or cancer
treatment center.
(b) Except as excluded under paragraph (c) of this section, any object, material or
substance which hinders or prevents the free passage of the public on that part of the
public right-of-way where it is located shall constitute obstructive matter for purposes of
this section.
(c) The following shall not constitute obstructive matter for purposes of this section:
(1) Legally parked vehicles;
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(2) Trash and refuse placed for collection by the municipal collection service;
(3) Objects placed for a period not exceeding one (1) hour for purposes of loading
or unloading, provided such activity is not part of a regular course of conduct;
(4) Temporary drainage of water, provided that public passage and access to
abutting property remains open and no hazard to health or safety is created;
(5) Minor encroachment of buildings and such appurtenances to buildings as are
not readily capable of removal;
(6) Any legally located bus passenger bench or shelter or material located in
accordance with any municipal permit or authorization or with any requirement
or regulation of any state or federal agency or with any requirement of law.
(d) Nothing in this section shall be construed to in any way limit any other rights or
remedies to which the city may be entitled to abate any obstruction or encroachment in
the public right-of-way.
Section 7. Chapter 31 (Recreation, Parks and Playgrounds) is hereby amended
to add new sections and amend others to read as follows:
Sec. 31-2.3.1 Storage of personal property in parks.
Any personal property left in any park at the time the park is closed to the public, whether
or not the personal property is attended, shall be stored pursuant to existing City policy
which provides due process and a right to retrieve the personal property.
Sec. 31-2.12.1 Restroom and bathing facilities-no loitering or sleeping.
No person shall sit, sleep, lay down or lodge in a park restroom.
Section 8. Section 33-113 of Article IV (Benches and Bus Shelters) of Chapter 33
(Streets, Sidewalks and Public Works) is hereby amended to read as follows:
Sec. 33-113 Interference with benches or bus shelters.
(a) It shall be unlawful for any person, firm, corporation or association, to tamper with,
injure, deface or commit acts of vandalism upon any bench or bus shelter lawfully upon
a public way, pursuant to the provisions of this article.
(b) It shall be unlawful for any person to ut ilize by sitting, laying or standing upon a bus
bench during hours when the bus route is not in operation as stated in the posted sign
announcing the bus route and the time of operations.
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(c) It shall be unlawful for any person to utilize a bus bench prior to one (1) hour before
bus service commences and immediately following the ending of bus services at the
specific bus stop.
(d) It shall be unlawful for any person to sleep or lay on any bus bench.
(e) It shall be unlawful for any person to store personal property on or adjacent to a bus
bench.
Section 9. Section 36-118 of Article III (Pedestrians) of Chapter 36 (Traffic) is
hereby amended to read as follows:
Sec. 36-118 Standing in median; storage of property in median.
(a) No person shall stand, walk or sit on any median other than in a safety zone or in a
crosswalk. This section shall not apply to any public officer, construction worker or
employee of a public utility or its agent acting in the line of duty if such presence on the
median is necessary to carry out the functions of the job.
(b) No person shall store or place personal property on any median.
Section 10. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 11. This Ordinance shall become effective thirty (30) days after its
adoption.
Section 12. The City Clerk shall certify the adoption of this ordinance and shall
cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2024.
_________________________
Valerie Amezcua
Mayor
Ordinance No. NS-XXX
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No.
NS-____________ to be the original ordinance adopted by the City Council of the City of
Santa Ana on _______________, and that said ordinance was published in accordance
with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
City Clerk
City of Santa Ana