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VOL. 79,

NO. 37

Updated homeless ordinance in Arcadia raises more questions than answers Arcadia installs 65 “No Camping” signs within city limits Terry MILLER tmiller@beaconmedianews.com

onths have passed since the Arcadia City Council tabled the highly controversial tiny homes project proposal — which was designed to help the area’s homeless population of about 100 — after the overwhelming public outcry extended into protests outside councilmembers’ homes and city hall. The city has been “sweeping” up areas of concern, but the issue remains, albeit less visible. A few weeks ago, the City of Arcadia installed 65 permanent “No Camping” signs embedded in concrete at city parks, high underpasses, city facilities and commercial areas such as downtown Arcadia on First Avenue. Arcadia Deputy City Manager Michael Bruckner told Beacon Media that the 2018 Ninth Circuit Court decision in Martin v. City of Boise holds that cities cannot prohibit camping by necessity when there are no shelters available; however, the decision also allows cities to enact time, manner, and place restrictions. The city's anti-camping ordinance, which was updated in 2021, makes accommodations for individuals experiencing homelessness that are camping by necessity, but does so in a way that is consistent with case law and includes restrictions on where, when and in what manner camping is allowed on public property.

The confusing part of the anti-camping ordinance has two parts: The first part says there is no camping anywhere in Arcadia, unless it is camping by necessity. The second part defines what it means to camp out of necessity and where camping is not allowed even when camping is necessary. If you’re confused, you’re not alone. Then, at an Aug. 17 council meeting, city leaders passed a motion revising the public camping hours from 10 p.m. - 7 a.m. to 8 p.m. - 7 a.m. and to “add clarifying language prohibiting camping on all real property or lots associated with prohibited camping areas on public property.” While confusing, the city is trying to accommodate residents and those who need shelter, but some residents are once again vocalizing their disapproval. An online petition has been started requesting that city leaders reverse their decision because the updated hours “will allow all personnel to set up and sleep in the tents for 11 hours while families and children are still using the public parks.” Additionally, organizers of the petition are requesting that Arcadia implement restrictions similar to the City of Los Angeles, including prohibiting: • obstruction of streets and sidewalks • camping within 500 feet from schools, daycares, libraries, and public parks

• camping within 1,000 feet from homeless shelters/services • camping within 500 feet from overpasses, underpasses, and bridges • camping within 5 feet of a building entrance/ exit and 10 feet from driveways. The current ordinance within Arcadia city limits allows an individual camping “for necessity” to camp from 10 p.m. to 7 a.m. Further, the ordinance stipulates that any camp facilities must be taken down on any public property between the hours of 7 a.m. and 10 p.m. (except during rainfall). A person is also prohibited from obstructing “access to a street, sidewalk, park playground, public utility, public property, or other public right-of-way open for pedestrian travel of governmental use” by sitting, lying or sleeping or by placing personal property within 10 feet of any “operational or utilizable, entrance, exit, driveway, or loading dock” or by creating a barrier “upon city owned trees, light poles, fences, equipment or other public facilities.” The ordinance also prohibits camping within 500 feet of bridges and highway underpasses and overpasses, and camping at playgrounds, park picnic areas (including tables, bleachers, benches and pavilions), Arcadia Transit Plaza, City Hall, Arcadia Public Library, Gilb Museum, Museum Education Center, Arcadia Community Center, Arcadia Recreation Office, Arcadia Par 3 Golf Course, landscaped areas,

“No Camping” signs have gone up in Arcadia. | Photo by Terry Miller / Beacon Media News

freeways onramps and offramps, vey high fire severity zones, and within 25 feet of certain city designated zoning. A copy of the city's ordinance can be found at https://bit.ly/3ubdMUk. On its website, the city

blames federal law for the current situation: “Under the federal law, if we don't have a shelter locally to provide a bed for those homeless people, we cannot prevent them from sleeping on the streets.