ITEM #: 6.
DATE: 11/18/2024
AI #:2205 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: |
ADOPTION OF URBAN CAMPING ORDINANCE
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| STAFF PRESENTER(S): |
Jenna Goad, Assistant to the City Manager |
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| OTHER PRESENTER(S): |
| Brian Issitt, Chief of Police |
| SUMMARY |
| This is a request to amend Chapter 11 of the Goodyear City Code to add a prohibition against unauthorized camping on public property. |
| STRATEGIC PLAN ALIGNMENT |
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| RECOMMENDATION |
| ADOPT ORDINANCE NO. 2024-1621 AMENDING GOODYEAR CITY CODE CHAPTER 11 BY ADDING SECTION 11-1-40 RELATED TO CAMPING ON PUBLIC PROPERTY. (Jenna Goad, Assistant to the City Manager) |
| FISCAL IMPACT |
| There is no direct budget impact associated with the approval of this text amendment. If in the future it is determined that a diversion program is justified, a budget request will be submitted. |
| BACKGROUND AND PREVIOUS ACTIONS |
At a work session held on November 4, 2024, Council discussed the proposed changes to the Goodyear City Code and directed staff to proceed with bringing this forward for adoption.
The City of Goodyear Police Department has a Homeless Outreach Team (HOT) consisting of two officers and one shared sergeant. The HOT regularly engages with individuals experiencing homelessness to offer resources and other support. Those efforts are supplemented by an agreement with Phoenix Rescue Mission for additional street outreach. The 2018 U.S. Court of Appeals for the Ninth Circuit ruling in the Martin v. Boise case previously limited what restrictions could be enacted regarding sleeping or camping in public places. Under existing laws, individuals can be cited for trespassing on private property and for other illegal behavior, but the Martin v. Boise ruling limited the ability to restrict otherwise legal behavior on public property.
Each January, Goodyear’s Police Department participates in the annual Point in Time (PIT) Homeless Count. This annual effort counts the number of people experiencing homelessness on the street and in shelters throughout Maricopa County. This one-night snapshot is a valuable datapoint that helps to inform the work of the Maricopa Continuum of Care, member agencies, and local partners in the effort to end homelessness. Goodyear’s official 2024 PIT count was 30 unsheltered individuals. This is higher than the 22 unsheltered individuals counted in 2023, however, it matched the count of 30 unsheltered individuals from 2022. |
| STAFF ANALYSIS |
In June 2024, the United States Supreme Court issued a decision in the Johnson v. Grants Pass case which expanded the restrictions that can be imposed related to sleeping or camping on public property. Several other Arizona cities including Gilbert, Glendale, Phoenix, and Prescott have already enacted such restrictions.
Staff recommends updating City Code to include a prohibition against urban camping in order to protect and improve public health, preserve the parks and other public property for the enjoyment, safety, comfort and convenience of the public, and maintain a healthy and natural environment. This aligns with the Safe & Vibrant Community focus area in the FY25-27 Strategic Plan.
The proposed ordinance would prohibit camping on public property or within 500 feet of a school, childcare facility, shelter, or park. Camping is defined as using property for living accommodation purposes on a temporary or permanent basis, and includes activities such as: using tents or other structures for sleeping, storing personal belongings, making a fire, carrying on cooking activities, or doing any digging or earth breaking. The ordinance specifies that the Director of the Parks and Recreation Department may issue permits or make reservations to authorize youth organizations, schools, or similar entities to camp or park vehicles overnight in a park or preserve. There are additional exclusions for short-term camping in the parking lots of any stadium owned or operated by a public entity on the day of an event (tailgating), and for any person who has been issued a special event permit or has otherwise secured permission from the City.
If this amendment is adopted, the Chief of Police will issue standard operation procedures and training to all officers regarding the enforcement of this ordinance, and staff will evaluate posting signs on city property to notify the public of the restrictions. A violation of this section would be a Class 1 misdemeanor. The maximum penalty for such a violation is up to $2,500 in fines, six months in jail, and three years probation. In addition to or in lieu of any sentence imposed for a violation of this section, the court may sentence a person to perform community restitution or order a term of education or treatment consistent with Arizona Revised Statutes §13-717. If justified, the Prosecutor’s Office, in conjunction with the Court, will explore creating a diversion program. |
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