KffiRN COUNTY Ryan J.

Alsop
-COUNTY ADMINISTRATIVE OFFICE CHIEF ADMINISTRATIVE OFFICER

November 9, 202 I

Board of Supervisors
Kem County Administrative Center
l1l5 Truxtun Avenue
Bakersfield, CA 93301

PUBLIC HEARING TO ADOPT PROPOSED ORDINANCE TO ADD CHAPTER 8.30, TITLE 8,

TO THE KXRN COUNTY ORDINANCf, CODE TO SPECIFY THE PARTICULAR TIMES AND
LOCATIONS WHf,RE IT SHALL BE UNLAWFUL FOR A PERSON TO CAMP OR PLACE
PERSONAL EFFECTS IN PUBLIC AREAS
Fiscal Impact: None

On October 12, 2021, your Board set a November 9, 2021 public hearing to consider the proposed
Ordinance adding Chapter 8.30, Title 8, to the Kern County Ordinance Code to specify the particular times
and locations where it shall be unlawful for a person to camp or place personal effects in public areas.
. On June 29, 2021 Supervisor Maggard requested staff to review a proposed ordinance from the City of
Los Angeles restricting camping, sleeping, and sitting in public areas to determine if something similar may
be effective in Kem County. Staff has reviewed that ordinance as well as similar ordinances from other
jurisdictions and existing laws and court rulings. Based on this review, the proposed ordinance has been
drafted for your Board's consideration.

Kern Counlv has devoted substantial resources toward assisting members ofthe community experiencing
homelessness, including among other things, opening the low-barrier M Street Navigation Center in May
2020 to provide 150 beds; awarding over 52 million in two rounds of Homeless Housing, Assistance, and
Prevention grant funds to expand and provide coordinated services to the homeless population in 2020 and
2021; implementing a new evidenced-based model called Relational Outreach and Engagement which is
utilized by Behavioral Health to prevent mentally ill clients from falling into homelessness; setting aside
$2 million to support the Bakersfield-Kem Regional Homeless Collaborative to address the impacts ofthe
COVID-19 pandemic on individuals experiencing homelessness; and providing over $67 million in federal
and State rental assistance to support residents financially impacted by the pandemic and prevent the risk
of homelessness.

Kern County continues to experience large numbers of individuals and families who are homeless due to
such factors asjob loss, family crisis, substance abuse, economic reasons, mental health issues, and loss of
Iemporary housing. The pattenr of stagnant and declining wages and shortage of available affordable
housing in the state of California has also contributed to the rising numbers of homeless individuals and
families. The homeless crisis is occurring in communities throughout the state of Califomia, prompting the
creation of a statewide homeless task force by Govemor Gavin Neusom.

Point in time counts conducted in Kern County have identified 810 homeless individuals in the year 2017;
885 homeless individuals in the year 2018; 1,330 homeless individuals in the year 2019; 1,580 homeless
individuals in the year 2020; and 2,1 50 homeless individuals in the year 2021 . The point in time counts

GROUNDEDf BOUNDLESS

I ll5 Truxtun Ave. 5th Floor Bakersfield. CA.9ll0l 66l .E6E.l l98 I TTY Relay 800.735.2929 | CAOMailBorad,Kemcounry.com
Board of Supervisors
Proposed Ordinance
Chapter 8.30 to the Kern County Ordinance Code
November 9, 2021
Page 2

reveal that on any given night large numbers of people including families experiencing homelessness can
be found sleeping on the sidewalks, parks, abandoned buildings, under bridges and in other places not meant
for human habitation. Point in time counts conducted in Kem County have identified 810 homeless
individuals in the year 201 7; 885 homeless individuals in the year 201 8; 1,330 homeless individuals in the
year 2019; 1,580 homeless individuals in the year 2020; and 2,150 homeless individuals in the year
202l.The point in time counts reveal that on any given night large numbers of people including families
experiencing homelessness can be found sleeping on the sidewalks, parks, abandoned buildings, under
bridges and in other places not meant for human habitation.

On any given night, homeless encampments may be occupied by multiple individuals. Homeless
encampments occur without appropriate sanitation facilities or proper trash receptacles and often become
contaminated rvith garbage, human waste, and used needles resulting in occupants, the general public, and
public servants facing serious health and sanitation issues. Conditions in homeless encampments that are
dangerous to human health include garbage that becomes a food source for vermin, organisms that transmit
disease and parasites, and related pathogens; lack of proper food storage and clean dishes that can facilitale
the spread of food-borne illness; lack of sanitary facilities to dispose of human and animal fecal waste,
which can lead to the contamination of ground and surface water supplies and transmittal of disease;
improper disposal of discarded medical and sharps waste; accumulation of combustible materials that can
ignite; and lack of poor hygiene which can contribute to a variety of medical problems.

The purpose of this ordinance is to address the impact of homeless encampments on public safety and
quality of life in Kern County by restricting camping, lying, and storing personal effects in public areas.
This proposed ordinance has been tailored to the specific needs of Kern County, considers best practices
from other jurisdictions, and is consistent with existing laws. The proposed ordinance includes the
following main provisions.

o It will prohibit camping, sitting, or lying down with the intent to camp in public areas such as
sidewalks, streets, alleys, doorways, and entrances to buildings in such a way to obstruct vehicular
traffic or pedestrian access as required under the Americans with Disabilities Act of 1990, Pub. L.
No. l0l-336, 104 Stat. 328 (1990), as amended from time to time.
o It will prohibit camping, sitting, or lying down with the intent to camp, within 500 feet of a fence,
entrance. or exit ofa public or private K-12 school.
o It will prohibit camping, sitting, or lying down with the intent to camp within 500 feet of an entrance
or exit of a public library or facility that provides housing shelter. supportive services, or storage
to homeless persons.
. lt rvill prohibit camping, sitting, or lying down within l0 feet ofa public sidewalk or curb adjacent
to residentially zoned property, with the exception of the property owner or with that owner's
permission.
o It rvill prohibit the storage, of personal property in public areas
use, maintenance, or placement
such as sidewalks, streets, alleys, doorways, entrances to buildings, public parking lots, parks,
underpasses, riverbeds, bike paths, and open spaces
o Establishes a process for notice and enforcement, including removal ofproperty.
o Establishes a process for collecting and preserving removed property for 90 days.
o Establishes a process to connect the homeless to available shelter space and precludes the
enforcement ofthe ordinance if no such shelter space exists.
Board of Supervisors
Proposed Ordinance
Chapter 8.30 to the Kem County Ordinance Code
November 9, 202 I
Page 3

It does not appear this is a project subject to the requirements ofthe California Environmental Qualiry Act
(CEQA) by virtue ofCEQA Guideline 15061(bX3) because the proposed ordinance creates a government
enforcemenl mechanism which does not involve any commitment to any specific project which may result
in a potentially significant impact on the environment. However, even if it was determined to be a project
under CEQA, the project is exempt from CEQA under CEQA Cuideline 15308 and CEQA Cuideline
t5321.

Therefore, it is recommended that your Board open public hearing; receive public comment; close public
hearing; make finding that if determined to be a project it is exempt frorr further CEQA review pursuant to
sections 15061(bX3), 15308, and 15321 of the State CEQA Guidelinesl waive reading; and enact
Ordinance.

S inc

an J. Al
Chief Administrative Offi cer

RJ,JZ ADM GEN OrdinMc.Chaprer 3l0

 ORDINANCE NO. G.

AN ORDINANCE OF THE BOARD OF SUPERVISORS

OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
ADDING CHAPTER 8.30, TITLE 8, OF THE KERN
COUNTY ORDINANCE CODE TO SPECIFY THE
PARTICULAR TIIVIES AND LOCATIONS WHERE IT
SHALL BE UNLAWFUL FOR A PERSON TO CAMP OR
PLACE PERSONAL EFFECTS IN PUBLIC AREAS

The following ordinance, consisting of two (2) sections, was duly and
regularly passed and adopted by the Board of Supervisors of the County of Kern,
State of California, at a regular meeting of the Board of Supervisors held on
, by the following vote

AYES:

NOES:

ABSENT:

Chairman of the Board of Supervisors of

the County of Kern, State of California

(sEAL)

ATTEST.

KATHLEEN KRAUSE
Clerk of the Board of Supervisors

By-, Deputy clerk

THE BOARD OF SUPERVISORS OF THE COUNTY OF KERN ORDAINS AS

FOLLOWS:

Section 1. This ordinance shall be published in accordance with Government

Code section 25124 and it shall take effect and be in full force on and after the
day of
,2021.

I
 Section 2 Chapter 8.30, Title 8, of the Kern County Ordinance Code is added
to read as follows

CAIVIPING AND PLACING PERSONAL EFFECTS IN PUBLIC AREAS

8.30.010 Definitions.

For the purposes of this Chapter the following words and phrases are defined as follows

A. Notwithstanding Section 13.20.010, "Camping" or "To Camp" for purposes

of this Chapter is defined as follows:

To pitch or occupy Camp Facilities or use Camp Paraphernalia for the

purpose of using the Public Area as a living accommodation, regardless
of the intent of the person or the nature of any other activities in which the
person may be engaging.
a. This Section does not apply to the M Street Navigation Center.
The act of sleeping, on its own, does not constitute Camping under
subsection (i) .

B, "Camping Facilities" includes, but is not limited to tents, recreational

vehicles, unpermitted shacks, huts, temporary shelters, structures, or other similar
facilities.

C. "Camp Paraphernalia" includes, but is not limited to, tents, tenllike

structures, tarpaulins, cots, beds, mattresses, bed rolls, hammocks, cookware, cooking
equipment, kitchen utensils, or similar equipment. This definition does not include
blankets or sleeping bags.

D. "Obstruct Pedestrian or Vehicular Traffic" means to impede or block the

passage of another person or vehicle or require another person or driver of a vehicle to
take immediate action to avoid physical contact with the obstruction.

E. "Public Area" means public property, whether improved or unimproved, and

includes, but is not limited to, publicly owned parking lots, driveways, open space, plazas,
highways, streets, bridges, underpasses, riverbeds, alleys, rights of way, county parks
other than public campgrounds as specified in Chapter 1 3.20, trails, sidewalks, walkways,
bike lanes, bike paths, fire hydrants, fire plugs, or other fire connections.

F. "Open Space" means any parcel or area of land or water, which is

essentially unimproved and is devoted to one (1) or more of the following uses:
preservation of natural resources, outdoor recreation, or public health and safety as
designated in Section 19.04.537.

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 G. "Available Shelter" refers to a public or private shelter, with an available
overnight space, open to a person experiencing homelessness, at no charge. The term
"available shelter" shall not include the following:

i. Shelter space where a person cannot stay because the person has
exceeded a shelter's maximum stay rule or because shelter is unavailable
due to the person's sex or sexual orientation.
ii. Shelter space that cannot reasonably accommodate the person's mental or
physical needs or disabilities.
iii. Shelter space that does not permit a minor child to be housed in the same
facility with at least one parent or legal guardian.
iv. Shelter space for which a person is required to attend or participate in
religious activities or programs as a condition of utilizing the shelter space
unless that person so chooses.

H. "Personal Effects" includes, but is not limited to, the following

i. Medication, medical devices, eye glasses, or other prescription lenses.

ii. Sleeping bags, blankets, or bed rolls in sanitary and non-verminous
condition.
iii. Tents in usable and reasonably good condition.
iv. Clothing which is protected from the elements and not unsanitary, soiled, or
verminous.
v. Non-perishable food items.
vi. Personal Effects does not include Soiled Materials.

l. "Place" includes storing, using, or maintaining Personal Effects.

J. "Soiled Materials" refers to items including trash, junk, and debris which are
unsanitary; may produce an odor; attract or harbor insects or rodents or provide a
breeding place for them; may lead to an infectious disease; or are otheruise hazardous
to the health, safety, and welfare of the general public.

K. "Enforcement Officei' includes the Kern County Sheriff, Ranger, and Code
Enforcement Officers.

8.30.020 Prohibited Acts.

A. At no time shall any person Place Personal Effects, Camp, occupy Camp
Facilities, sit or lie down with the intent to Camp upon a public sidewalk or Place Personal
Effects, Camp, occupy Camp Facilities, sit or lie down with the intent to Camp in doorways
or entrances to buildings abutting such srdewalks in such a way to obstruct vehicular
traffic or pedestrian access as required under the Americans with Disabilities Act of 1990,
Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time.

J
 B. At no time shall any person cook food in any Public Area, except as
otherwise allowed by the Kern County Ordinance Code or by license or permit. This
section shall not prohibit cooking in areas designated for such purposes by license or
permit.

C. At no time shall any person Place Personal Effects, Camp, occupy Camp
Facilities, sit, or lie down with the intent to Camp within 500 feet of a fence, entrance, or
exit of any public or private legally established school (grades K through 12), any
publically or privately operated large family daycare center as regulated in Chapter 19.96
or daycare center as defined in 1 9.04.183, any public or non-profit operated youth center,
which is a social and recreational center for children.

D. At no time shall any person Place Personal Effects, Camp or occupy Camp
Facilities, sit or lie down with the intent to Camp within 500 feet of an entrance or exit of
a public library or facility that provides housing shelter, supportive services, or storage to
homeless persons.

E. At no time shall any person Camp or occupy Camp Facilities, sit or lie down
with the intent to Camp within 10 feet of a public sidewalk or curb adjacent to property
zoned for residential use. Notwithstanding other provisions of the law, this subdivision (E)
shall not apply to a property owner or resident of the adjacent residential property or to a
person with the property owner's consent to enter that property.

8.30.030 Enforcement.

Enforcement Officers shall not enforce this Chapter when the person is not in a Public
Area or area designated by this Chapter and there is no Available Shelter. Prior to issuing
any citation to enforce this section, an Enforcement Officer shall also confirm that a shelter
has available space that can be utilized by that particular person. No Enforcement Officer
shall issue a citation to a person lying or sitting with the intent to Camp, or Camping
outdoors unless the Enforcement Officer first confirms the shelter has available space or
available campsites exist that can be utilized by the person. ln addition, Enforcement
Officers shall:

a) Notify the person engaged in the prohibited conduct that he or she is in

violation.
b) Notify the person that resources are available and provide a written list of
resources.
c) Offer the person engaged in the conduct prohibited in Section 8.30.020 (A)-
(E) an Available Shelter space or campsite and offer to provide
transportation for the person to the shelter or campsite.
d) lt is an affirmative defense to a prosecution under this Chapter that any
person so notified as described in Section 8.30.030 (A)(i) promptly ceased,
within a time reasonable under the circumstances, to engage in the
prohibited conduct following such notification.

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8.30.040. Storage of Personal Property in Public Areas.

It shall be unlawful for any person to store, use, maintain, or place Personal Effects or
Soiled Materials, including Camp Facilities and Camp Paraphernalia as defined in Section
8.30.010, in any Public Area, improved or unimproved, except as provided by the Kern
County Administrative Office or its designee or pursuant to a valid license or permit.
Nothing herein should be construed to allow storage where otherwise prohibited by this
Chapter.

8.30.050. Property Removal.

The Road Commissioner in accordance with Kern County Ordinance Code Title 12 and
Streets and Highways Code $1480.5 and Enforcement Officers may remove Personal
Effects or Soiled Materials unlawfully stored, used, maintained, placed or found in Public
Areas as defined in Section 8.30.010 or found in an unlawful encampment as follows:

a) The location of any Personal Effects and Soiled Materials including Camp
Facilities and Camp Paraphernalia shall be noticed as follows:

"lt is illegal to store personal effects in a public area, including but not limited
to public open space and parking lots. lf the personal effects are not
removed within 72 hours of the date of this posting, be advised: THE
PERSONAL EFFECTS SHALL BE DEEMED INTENTIONALLY
ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE
DESTRUCTION.'

b) County personnel may remove any Personal Effects unlawfully stored or

remaining in a Public Area after the posting period has expired. County
personnel shall offer the person claiming ownership of the Personal Effects,
if any, an Available Shelter space or campsite pursuant to Section 8.30.030
(A)(iii).
c) Soiled Materials, Personal Effects which pose an imminent threat to public
health or safety shall not be subject to the above notice requirements and
may be removed immediately by Enforcement Officers and processed,
stored or destroyed according to the provisions below. Contraband or
evidence of a crime is subject to law or policy and is not subject to the
storage provisions below.
d) At the time of removal of unlawfully stored or remaining Personal Effects,
Enforcement Officers shall conspicuously post and date a notice either at
the exact location from which the Personal Effects were removed or at
another nearby location giving the following information:
i. An itemized list of Personal Effects removed;
ii. A telephone number for information on retrieving Personal Effects;
iii. An address where the Personal Effects are temporarily stored and
the operating hours in which the Personal Effects may be retrieved;
iv. The length of time during which the Personal Effects may be claimed.

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 e) Following the removal of unlawfully stored or remaining Personal Effects,
County personnel shall do the following:
i. Maintain an itemized inventory identifying the Personal Effects and
where the Personal Effects were approximately located.
ii. Store the removed Personal Effects in a manner facilitating
identification by County personnel and owner and which reasonably
protect such Personal Effects from damage or theft; and
iii. For the purposes of this section and notwithstanding Chapter 2.80,
removed Personal Effects will be stored in an area designated by the
County for a period of ninety (90) days.
f) Personal Effects stored by the County which are claimed within ninety (90)
days from removal shall be released to the person claiming ownership
provided that person identifies the property and the approximate location
where the property was left.
g) For the purposes of this Chapter and notwithstanding Chapter 2.80,
Personal Effects which remain unclaimed after ninety (90) days are deemed
intentionally abandoned and may be summarily abated and destroyed.

8.30.060 Exceptions.

It is an affirmative defense to any prosecution under this Chapter that the person is:

a) Sitting, lying down, or sleeping because of a medical emergency.

b) Sitting upon a chair or bench located upon a public right of way which was
placed there by an abutting private property owner or tenant.
c) Sitting on a sidewalk within a designated bus zone while waiting for public
or private transportation.
d) Sitting or lying in a public area while participating in or attending a parade,
festival, performance, rally, demonstration, meeting, or other similar event
conducted pursuant to a valid permit.

8.30.070 Penalty.

Violation of this section is an infraction. Any person who violates this section may also
be subject to an administrative penalty under Chapter 8.54 of the Kern County
Ordinance Code.

8.30.080 Severability.

lf any provision of this Chapter or application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications, and to this
and the provisions of this Chapter are declared to be severable.

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