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NS-3074 - Amending & Adding Provisions to Chapters 10, 31, 33 & 36
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NS-3074 - Amending & Adding Provisions to Chapters 10, 31, 33 & 36
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Last modified
1/29/2025 7:13:38 AM
Creation date
1/27/2025 3:45:44 PM
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City Clerk
Doc Type
Ordinance
Agency
Police
Doc #
NS-3074
Item #
31
Date
1/21/2025
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ORDINANCE NO. NS-3074 <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 Cal.4th 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 /> Ordinance No. NS-3074 <br /> 1of12 <br />
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