Homeless encampments outlawed in Elk Grove, violators to be issued non-monetary misdemeanor citations

Elk Grove Police Dept. Capt. Brian Schopf explains the changes the city code outlawing
homeless encampments. | 

Last week, the Elk Grove City Council unanimously voted to modify the city's municipal code to prohibit camping in public spaces. The change is meant to curb the increase of homeless encampments within the city.

An executive order from California Gov. Gavin Newsom and the U.S. Supreme Court ruling in Grants Pass v Johnson bolstered the change. The Grants Pass decision reversed the 2018 U.S. Court of Appeal 9th Circuit ruling in Martin v Boise that prohibited criminalizing camping on public land if there were not adequate shelter facilities for homeless individuals. 

Among the significant changes is that campers are now given 24-hour notice to leave an encampment, compared to 72 hours previously allowed. 

"The changes are fairly minor, but they are huge in the aspect that the Boise decision was about time and place, to what we could enforce," Elk Grove Police Capt. Brian Schopf told the city council. "This essentially, the U.S. Supreme Court says it can be enforced in the jurisdiction in total."

Below are the specific changes to the code as noted in the staff report:

• Prohibit sleeping on public sidewalks, streets, or alleyways. 
• Prohibit sleeping in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. 
• Prohibit occupying a campsite upon any sidewalk, street, alley, lane, public right of way, park, bench, or any other public property and/or under any bridge unless otherwise specifically authorized as detailed in EGMC Chapter 9.38. 
• Prohibit camping on private property without the consent of the property owner.  
• Allow for the temporary seizure of personal property and/or civil action for violations of EGMC Chapter 9.38.

Violators will be issued non-monetary misdemeanor citations. However, the staff report notes, "Any criminal fines related to a misdemeanor violation will be left to the court to impose."

The city will continue to hold personal property confiscated from camps for 90 days.