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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WHEREAS, recently, the Supreme Court issued new law addressing the enforcement of laws regarding sleeping, camping and storing personal property in public parks and public places in City of Grants Pass, Oregon v. Johnson, et al., 144 S. Ct.2202 (2024) ("Grants Pass"); and WHEREAS, although the City of Santa Ana adopted municipal code regulations to address interference and access to public areas and continues to provide a multi-faceted and holistic approach to ensuring the safety, health and general welfare of all of its residents, the public continues to express concern that access to public and private property is being impeded or prevented by people camping on public property, by the storage of personal items on public property, and by people using the public rights-of-way to sit, sleep and lie down; and WHEREAS, other public spaces, including public rights-of-way as well as other public property not covered by existing regulations, are similarly intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; and WHEREAS, the storage of unattended personal property on public property also creates a particular safety and security risk to the public requiring additional, broader regulations; and WHEREAS, for all of the foregoing reasons, the City Council desires to amend the Santa Ana Municipal Code to provide additional protections for the public health, safety and general welfare and additional enforcement mechanisms for those purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 16060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment. Section 3. Article I (In General) of Chapter 10 is hereby amended to add new Sections and amend others to read as follows: Sec. 10-94. - No loitering or sleeping on public benches, etc. Ordinance No. NS-3074 3of12