Davis City Council narrowly passes ordinance strengthening existing bans on homeless camps
DAVIS -- In a more than four-hour-long special meeting Wednesday night to address homelessness, the Davis City Council narrowly adopted an ordinance strengthening the city's existing ban on homeless encampments.
Currently, camping is banned in parks and open spaces and results in an infraction, which typically does not go on a criminal record, when the unhoused are found to be in violation.
The updated ordinance allows more rapid enforcement and now bans camping on all public and private property in the city, resulting in a misdemeanor for an offense.
The council voted 3-2 in favor of adopting the new ordinance.
"We are at a critical juncture here where we have to really do something different, organize ourselves," Councilmember Gloria Partida said.
Partida, Councilmember Will Arnold and Mayor Josh Chapman voted in favor of the ordinance.
Vice Mayor Bapu Vaitla and Councilmember Donna Neville, voted against it -- both outlined concerns that the text of the ordinance is too broad and that it criminalizes sleeping outside.
"Voting on it tonight seems hasty to me. Opening the conversation tonight seems absolutely necessary," said one community member in public comment, asking the city council to look into the ordinance more before casting a vote.
At a packed meeting, the council heard dozens of pleas from the community Wednesday night in public comment.
"What much of our response is enabling. That's why the more we continue to deal with this wrong approach the worse the problem gets," said one Davis neighbor in support of the new ordinance.
On behalf of the business community, Downtown Davis business owners told the council they support the ordinance as their businesses are suffering due to problems with encampments and homelessness.
"I am really happy you are doing this," said Randii MacNear, director of the Downtown Davis Farmers Market, in public comment.
Many community members also spoke out against the ordinance, calling it cruel and unnecessary.
"If people have no other option they need to be able to camp out somewhere," said one community member.
"They merely cannot afford a place to live in Davis," said another.
The special-called meeting comes as complaints to the city about encampments tripled from 11 in July to 33 in September.
"If this was easy, every city and county around this state would have solved this and we wouldn't be sitting here," Mayor Chapman said.
In June, the Supreme Court ruled that it is not unconstitutional for cities and states to enforce camping bans.
Davis' new police chief, Todd Henry, said at the meeting this has left more unhoused people coming to Davis since from surrounding cities like Sacramento and San Francisco, which updated their protocol sooner.
Governor Gavin Newsom in July also issued an executive order directing cities to do their part to help crack down on 'dangerous' homeless encampments.
Davis police at Wednesday's meeting ensured to the council that the department is not looking to go out and arrest people in mass and sweep encampments starting tomorrow.
Chief Henry says the ordinance better allows for much-needed enforcement and is a necessary tool to address recurring camps that are cleared and then pop right back up.
The five recommendations to the city council Wednesday night were as follows:
1. Receive presentation regarding the city's homelessness services ecosystem.
2. Direct staff to prioritize and implement actions to create and widely promote an Encampment Response Protocol.
3. Direct staff to return with options/costing for potential expansion of services as City Council may deem appropriate.
4. Approve recommended changes to the encampment reporting system by community members.
5. Introduce Ordinance Revising Camping Regulations in the City of Davis By Repealing Sections 27.02.160 and 27.03.090 of Chapter 27 of the Davis Municipal Code and Adding Article 26.11 to the Davis Municipal Code, prohibiting camping, occupying camp facilities, or using camp paraphernalia on designated public and private property.
Each was approved unanimously, except item 5 concerning adopting the new ordinance which passed 3-2.