The Fremont City Council adopted a new camping ordinance that makes “aiding” or “abetting” a homeless camp illegal. The bill was passed in a 6-1 vote.
The city points out a person who provides food, water, blankets, a tent, or clothing to another person would not violate the terms of the Camping Ordinance, nor would that constitute aiding and abetting. While an example of aid-ing and abetting that would violate the Camping Ordinance is where a person aids another person to erect a structure along the bank of a public waterway.
The City of Fremont released a 10-page document after the ordinance was passed while the debate over the past few months included a clause in the ordinance stating: aiding, abetting or concealing” a homeless encampment guilty of a misdemeanor.
Key Components of the City of Fremont’s Camping Ordinance:
The Camping Ordinance has two prohibitions:
- Prohibits camping on any public property, and restricts camping on private property not designated and equipped for such camping for 72 hours
- Prohibits the storing of personal property on any public property
- The Camping Ordinance does not prohibit the provision of aid and services. Service workers are not prohibited from providing food, clothing, and amenities to unsheltered community members. Therefore, a person who provides food, water, blankets, a tent, or clothing to another person would not violate the terms of the Camping Ordinance, nor would that constitute aiding and abetting. The City employs outreach workers who will continue to provide compassionate services to the unhoused community on an ongoing basis.
- The Fremont Municipal Code includes a general provision addressing aiding and abetting, which is relatively common language shared by other California cities. An example of aid-ing and abetting that would violate the Camping Ordinance is where a person aids another person to erect a structure along the bank of a public waterway. A brief review of other cities with camping ordinances indicates that the following cities have aiding and abetting enforcement language in their municipal codes: the City of Berkeley, City of Hayward, City of Sunnyvale, City of Sacramento, City of Davis, City of Fresno, City of Merced, American Canyon, City of Chico, City of Antioch, City of Downey, City of Hemet, City of Paso Robles, City of Indio, City of Long Beach, and City of San Diego.
- The Camping Ordinance includes penalty language consistent with, and generally applied to, misdemeanor violations within the Fremont Municipal Code. The Fremont Municipal Code establishes the maximum fine the court can impose, which in this case would be a maximum of $1,000 and six months in jail, a standard maximum penalty associated with a misdemeanor in California. The City does not determine or decide penalties. Any penalty would be assessed by the Court, if at all, should the District Attorney decide to prosecute such crime.
The City of Fremont recently released a few Q&A:
Is this a “first-of-its-kind” Camping Ordinance?
No, this is not a first-of-its-kind measure. Fremont’s Camping Ordinance includes many of the prohibitions and enforcement features commonly found in similar laws implemented by other California cities. Several media outlets have incorrectly reported that the City of Fremont passed a camping ordinance that criminalizes people and organizations who provide support to the unhoused. The City of Fremont’s camping ordinance (“Camping Ordinance”) does not criminalize service workers for providing food, clothing, blankets, a tent and amenities to unsheltered community members. The City of Fremont employs its own full-time outreach workers who will continue to provide compassionate services to the unhoused community on an ongoing basis. Fremont’s Camping Ordinance has two prohibitions: First, it prohibits camping on any public property, or any private property not designated and equipped for such camping, and second, it prohibits the storing of personal property on any public property. It does not prohibit the provision of aid and services.
What constitutes “aiding” or “abetting” an encampment?
In general, aiding and abetting is a term that refers to helping someone commit a crime. The Camping Ordinance does not prohibit a person from providing food, water, blankets, a tent, or clothing to another person. Therefore, a person that provides food, water, blankets, or clothing to another person would not violate the terms of the Camping Ordinance, nor would that constitute aiding and abetting. An example of aiding and abetting that would violate the Camping Ordinance is where a person aids another person to erect a structure along the bank of a public waterway. The prohibition on aiding and abetting municipal code violations is relatively common language implemented by other California cities.
Do other California Cities have similar “aiding” or “abetting” language?
A brief review of other cities with camping ordinances indicates that the following cities have aiding and abetting enforcement language in their municipal codes: the City of Berkeley, City of Hayward, City of Sunnyvale, City of Sacramento, City of Davis, City of Fresno, City of Merced, American Canyon, City of Chico, City of Antioch, City of Downey, City of Hemet, City of Paso Robles, City of Indio, City of Long Beach, and City of San Diego.
- Does it apply to someone who provides food or medical care?
No. The Camping Ordinance does not apply to someone providing food or medical care. - Does it apply to someone who helps a homeless person pitch a tent?
Yes. It does prohibit a person from pitching a tent or erecting a shelter structure on public land.
Full Document: Click here
Documents:
Related
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- Antioch Set to Discuss Revisions to Overnight Camping Ordinance
