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NS-3074 - Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code
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NS-3074 - Amending and Adding Provisions to Chapter 10 (Crimes and Miscellaneous Law Enforcement Provisions) and Amending Related Sections in Chapter 31, Chapter 33 and Chapter 36 of the Santa Ana Municipal Code
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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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