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i00:u2111111111111ii <br />ORDINANCE NO. NS-XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AMENDING AND ADDING PROVISIONS TO <br />CHAPTER 10 (CRIMES AND MISCELLANEOUS LAW <br />ENFORCEMENT PROVISIONS) OF THE SANTA ANA <br />MUNICIPAL CODE AND AMENDING RELATED SECTIONS <br />IN CHAPTER 31 (RECREATION, PARKS AND <br />PLAYGROUNDS), CHAPTER 33 (STREETS, SIDEWALKS <br />AND PUBLIC WORKS), AND CHAPTER 36 (TRAFFIC) TO <br />PROHIBIT CONDUCT THAT INTERFERES WITH THE <br />PUBLIC'S RIGHTS OF ACCESS TO PUBLIC PROPERTY <br />AND TO ADDRESS CHANGES IN LAW BROUGHT ABOUT <br />BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET. <br />AL., 144 S. Ct. 2202 (2024) <br />WHEREAS, Section 200 of the City Charter of the City of Santa Ana ("City") vests <br />the City Council with the authority to make and enforce all laws, rules and regulations with <br />respect to municipal affairs subject only to the restrictions and limitations contained in the <br />City Charter and the State Constitution, and the power to exercise, or act pursuant to any <br />and all rights, powers, and privileges or procedures granted or prescribed by any law of <br />the State of California; and <br />WHEREAS, on August 8, 1992, the City of Santa Ana adopted Ordinance No. <br />2160, adding provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement <br />Provisions) to address, regulate and enforce violations of both camping and storage of <br />personal property in parks, streets and public parking lots or public spaces, improved or <br />unimproved; and <br />WHEREAS, the stated purpose of Article VIII (Camping and Storage of Personal <br />Property) at Section 10-400 was to "maintain public streets and areas within the City of <br />Santa Ana in a clean and accessible condition"; and <br />WHEREAS, on May 3, 1993, the City of Santa Ana adopted Ordinance No. 2194 <br />amending Article VIII to modify the definition of "camp"; and <br />WHEREAS, the City's adoption of Section 10-400, et. seq. was challenged by <br />three homeless individuals arguing, on various grounds, that the law was unconstitutional; <br />and <br />WHEREAS, in Tobe v. City of Santa Ana, 9 CalAth 1069, the Supreme Court held <br />that the ordinance did not impermissibly restrict the right to travel and was not <br />unconstitutionally vague or overbroad; and <br />WHEREAS, the City is committed to ensuring the safety, health and general <br />welfare of all of its residents, visitors and businesses; and <br />Ordinance No. NS-XXX <br />Page 1 of 16 <br />