To: MAYOR AND CITY COUNCIL
From: MICHAEL W. WEBB, CITY ATTORNEY JOY A. FORD, CITY ATTORNEY-ELECT
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DISCUSSION AND POSSIBLE ACTION REGARDING THE AMENDMENT OF THE REDONDO BEACH MUNICIPAL CODE CAMPING ORDINANCE.
INTRODUCE BY TITLE ONLY ORDINANCE NO. 3293-25, AMENDING MUNICIPAL CODE CHAPTER 34 TO TITLE 4 REGARDING UNLAWFUL CAMPING, FOR INTRODUCTION AND FIRST READING
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EXECUTIVE SUMMARY
In December of 2020, the Mayor and City Council adopted an ordinance, Ordinance No. O-3209-20, amending the municipal code to provide that in circumstances in which the provisions of the City's unlawful camping ordinance cannot be enforced pursuant to Martin v. City of Boise, camp facilities may be erected only between the hours of 5:00 p.m. and 10:00 a.m., daily (similar to the City of San Clemente ordinance). On June 28, 2024, the United States Supreme Court overruled Martin v. City of Boise in the case of City of Grants Pass v. Johnson, acknowledging local government's authority to regulate conduct. On October 8, 2024, the City Council adopted the new 12-month strategic plan objectives, with Objective 11 of Goal 6 Enhance the Delivery of City Services - "Anti-camping regulations: Evaluate recent anti-camping court decisions and report to the City Council on any recommended corresponding modifications to the Redondo Beach Municipal Code." The proposed ordinance modifying the Redondo Beach Municipal Code reflect the overruling of Martin v. Boise and adds a prohibition to utilize a bus stop site for any purpose other than boarding, disembarking, or waiting for a bus.
BACKGROUND
On April 1, 2019, in the Martin v. City of Boise, the United States Court of Appeals for the Ninth Circuit ruled that enforcing local laws that prohibit camping and sleeping in public "when no sleeping space is practically available in any shelter" violates the Eighth Amendment protection against cruel and unusual punishment. In December of 2...
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