HomeMy WebLinkAbout2021-09-14; City Council; ; Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to Homelessness and Public Spaces Meeting Date: Sept. 14, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Marissa Kawecki, Deputy City Attorney
marissa.kawecki@carlsbadca.gov, 760-434-2891
Matt Magro, Assistant Police Chief
matt.magro@carlsbadca.gov, 760-931-2157
Subject: Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address
Quality of Life Concerns Related to Homelessness and Public Spaces
Districts: All
Recommended Action
Introduce the ordinance in Exhibit 3 amending Chapter 8.36, Section 8.28.050, and Section
8.44.040 and adding Chapters 8.34 and 8.38 to Title 8 of the Carlsbad Municipal Code to
address quality of life concerns related to homelessness and public spaces.
Executive Summary
The City Council adopted a resolution on Oct. 24, 2017, approving the City of Carlsbad
Homeless Response Plan and staff efforts to implement it. The Homeless Response Plan and
staff’s periodic updates to the council have included a recommendation that the city evaluate
existing ordinances that impact the community and the city’s response to homeless-related
issues.
Additionally, on March 11, 2021, the City Council made one of its top goals “reducing the
unsheltered homeless population by 50%, among those who want help, within the next five
years.” On March 23, 2021, the City Council voted to allocate substantial resources and pursue
certain programs to achieve this goal.
The proposed ordinance adds enforcement tools, which align with the City Council’s goal of
reducing homelessness and the Homeless Response Plan’s recommendation. The ordinance
provides a balanced approach to addressing quality of life concerns related to homelessness
and public spaces which have been expressed by the community and witnessed by staff in
various city departments. The ordinance modifies and supplements some of the city’s existing
quality of life ordinances to regulate conduct such as unlawful camping on public and private
property, fires and cooking on public property, storage of personal property in public places,
solicitation, trespassing, obstruction of property, disorderly conduct and possessing or
consuming open containers of alcohol in public places.
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Specifically, the ordinance:
• Amends Chapter 8.36 – Camping on Public Property by narrowing the scope of unlawful
camping on public property, prohibiting unlawful camping on private property,
prohibiting fires and cooking on public property and prohibiting storage or leaving
unattended personal property in public areas during certain times of day
• Amends Section 8.28.050 concerning distribution or solicitation to persons in vehicles by
adding “sales” to the conduct to be regulated
• Adds a new Chapter 8.34 to address various types of solicitation, such as aggressive
solicitation and soliciting to motor vehicles stopped at a traffic signal, sign or light
• Adds a new Chapter 8.38 to address obstruction of property, trespassing and disorderly
conduct
• Amends Section 8.44.040 concerning consumption and possession of alcoholic
beverages in certain public places and city parks by adding Holiday Park and Pine
Avenue Community Park to the prohibited locations (exceptions apply)
The proposed ordinance provisions will be included in Title 8 of the code, which concerns
protection of public peace, morals and safety. Its provisions address increasing community
concerns with public peace, safety, health and the environment that have been voiced in
community meetings and communications to city staff and elected officials and verified by
statistical data discussed in this staff report. The ordinance’s provisions are intended to protect
the health, safety and welfare of all Carlsbad residents, businesses and visitors.
The proposed provisions are drafted to be limited in scope and to comply with existing
applicable federal and state law. Because the law in this area is constantly evolving, staff will
continue to monitor developments and adjust enforcement activities appropriately, returning
to the City Council with additional proposed amendments or additions as appropriate.
Discussion
Carlsbad Police Department data
The Carlsbad Police Department has identified a noticeable increase in the number of homeless
encampments and homeless-related calls for service over the last five years, as illustrated in the
table below:
Homeless-related calls for service*
Calls Average per
month
2017 3,463 289
2018 4,480 373
2019 4,623 385
2020 4,497 375
2021 (as of 8/31) 3,975 497
* These calls for service include both citizen- and officer-initiated calls for service.
The city’s homeless-related crime reports also show a generally increasing trend, according to
police department data shared in the Homeless Response Plan update at the May 14, 2019, City
Council meeting and additional data attached as Exhibit 1. Not all calls for service resulted in an
Sept. 14, 2021 Item #5 Page 2 of 47
arrest or a citation. Some calls for service were resolved through a warning or did not involve
citable conduct. Of those calls for service that resulted in an arrest, the most prevalent crimes
included narcotics offenses,1 being drunk in public, assault and property crimes, such as
larceny. Community members have also complained about hostile homeless individuals they
have encountered near city beaches or public parks, as well as fights observed among homeless
persons, which do not necessarily generate calls for service or rise to the level of criminal
conduct.
In addition to these safety concerns, the Police Department’s Homeless Outreach Team, or
HOT, has documented numerous instances of illegal encampments polluting waterways and
causing environmental harm to open space areas with waste products, camping equipment and
abandoned property. The Police Department and the Fire Department have also encountered
multiple fires in public and open space areas that are not citable under any local or state law,
but which pose a safety hazard to the community.
As shown in Exhibit 1, the Police Department has allocated substantial funding to its homeless
response budget over the past five fiscal years. Below is a summary of these budgets:
Police Department homeless response budget
FY 2017-18 $1.1 million
FY 2018-19* $362,555 +
FY 2019-20 $946,400
FY 2020-21 $2,151,238
FY 2021-22 $1,192,227
* The FY 2018-19 the budget is documented as “N/A” in Exhibit 1 due to a
shared budget with the Crime Suppression Team during that year. The
budget for the two dedicated HOT police officers during that period was
$362,555.
The department’s homeless response budget for FY 2021-22 is comparatively lower than it was
in the previous fiscal year because the City Council voted in March 2021 to create a new
Department of Housing and Homeless Services, and many homelessness related contracts have
been moved to the new department’s budget. The Homeless Division’s FY 2021-22 budget is
$4,793,786.
Legal landscape
Meanwhile, the legal landscape concerning homelessness, civil rights and law enforcement has
been quickly evolving in California and nationwide. People experiencing homelessness and
special interest groups have successfully challenged local ordinances and state laws on
constitutional grounds, including the First Amendment right to use public open space for free
speech, expression and association; the Fourth Amendment right against unreasonable search
and seizure of places and property to which one has a reasonable expectation of privacy; the
1 Drug use is rampant among San Diego County arrestees, and particularly among the homeless population. In
October 2020, SANDAG published a Criminal Justice Bulletin titled “2019 Adult Arrestee Drug Use in the San Diego
Region,” providing statistics on drug use by 2019 arrestees. The bulletin reports that drug use is at a 20-year high,
with 79 percent of male adult arrestees and 82 percent of female adult arrestees testing positive for at least one
illicit substance.
Sept. 14, 2021 Item #5 Page 3 of 47
Eighth Amendment right against cruel and unusual punishment, i.e., criminalization based
merely on unavoidable status or the exercise of human necessities such as sleeping; and the
Fourteenth Amendment right to due process of law. Many cases have resulted in increased
legal protection for the homeless, including amended ordinances and legal settlements. These
measures passed legal muster because they came with reasonable time, place and manner
restrictions rather than enacting wholesale prohibitions on types of conduct.
From a law enforcement perspective, the following changes in state law limit law
enforcement’s ability to protect the public from certain low-level offenses that may impact the
community’s quality of life:
• Assembly Bill 109 – The Public Safety Realignment Act, 2011
The responsibility of incarcerating criminals convicted of certain serious felony violations
was permanently transferred from state prisons to county jail facilities. The housing of
serious felons in county jails has resulted in less capacity for minor offenders for
violations such as quality of life crimes.
• Proposition 47 – The Safe Neighborhood & Schools Act, 2014
This measure reclassified certain felonies as misdemeanors and created new
misdemeanor offenses. Under this law, simple possession of illegal drugs including
cocaine, heroin, fentanyl and methamphetamine are classified as misdemeanors.
Several other crimes that had previously been classified as felonies are now
misdemeanors unless the defendant has one of a handful of very specific serious and
violent prior convictions. Offenses including shoplifting, theft, forgery, fraud and
receiving stolen property, in which the value of the items involved in the offenses are
under $950, are all misdemeanors.
• Proposition 57 – Parole for Non-Violent Criminal Act, 2016
Gives the California Board of State and Community Corrections the authority to release
up to 30,000 “non-violent” inmates from California State prisons. Crimes not already
defined as “violent” are now deemed “non-violent.”
Environmental legal issues are also of increasing concern as open space areas and watercourses
become polluted from unlawful campsites, litter and human waste. Various regional water
quality control boards throughout the state have collaborated with local and state agencies and
non-profit entities to identify and promote solutions that reduce water quality impacts
associated with people experiencing homelessness. The local Regional Water Quality Control
Board has the authority under a regional permit to cite the city for any pollutants or other
illegal discharges in the city’s stormwater systems. Such discharges constitute a violation of the
federal Clean Water Act, regardless of the pollutants’ origin or cause. The city may face
substantial liability in such actions, including civil penalties of up to $25,000 per day, revocation
of its regional permit and even criminal liability for negligent or knowing actions.
Sept. 14, 2021 Item #5 Page 4 of 47
As the homelessness crisis in California continues to grow, many cities have begun to offer
more shelter options,2 housing and other assistance for the homeless. At the same time, many
cities have adopted new ordinances and policies to protect the health, safety and welfare of the
community at large while also respecting individual rights. Cities throughout the state, including
Los Angeles and San Diego, are continuing to adopt and enforce ordinances to regulate
camping, obstruction of public and quasi-public property, trespassing and other activities that
impact their communities’ quality of life. Though enforcement of these ordinances and policies
was permanently or partially suspended during the COVID-19 pandemic emergency, cities have
begun to resume enforcement in recent months as the emergency has evolved.
Carlsbad Municipal Code
Currently, the code addresses some of the current quality of life concerns in Carlsbad, which
may or may not be associated with homelessness. Existing offenses include:
• Camping on public property
• Urinating/defecating in public
• Open alcohol containers and drinking in public in the Village Barrio Master Plan area
• Scavenging
• Entering parks or beaches after the posted closing times
• Obstructing walkways in parks
• Erecting structures in parks
• Distribution or solicitation to persons in vehicles
Most of the city’s misdemeanor cases for these offenses have been worked out through
negotiated plea offers. The plea offers have often included a term of probation, stayed custody
– that is, no jail time unless there has been a probation violation, an order to stay outside of a
certain radius of the site in question (mostly for unlawful camping cases) and proof of contact
with a homeless outreach program if the offender is homeless. These cases resulted in many
successful terms of probation that linked homeless defendants with homeless outreach
programs and successfully cleared encampments from environmentally sensitive and other
problematic public areas.
City staff have hosted several homelessness and public safety outreach meetings and have
heard the community’s concerns about quality of life issues. The community has communicated
its desire for more accountability for disruptive and low-level criminal behavior. Additionally,
staff have conducted a multi-year survey and analysis of the city’s quality of life ordinances
cross-referenced with the applicable law in this field, the legal track record of other cities’
quality of life ordinances, police and fire enforcement data and HOT field encounters.
Staff recommend that the noted provisions be modified or added to the municipal code to
balance the rights of the community and the rights of homeless people. These provisions are
outlined in detail in the subsections that follow.
2 While shelter options are expanding statewide, as of 2019, there were approximately 144 open beds in North
County for emergency shelter. An additional four beds are allocated to transitional age youth through the YMCA,
and an additional 34 beds are available between December and March, the winter months. This count does not
include COVID-19 hotels for “at-risk” individuals operated during 2020 and 2021.
Sept. 14, 2021 Item #5 Page 5 of 47
Recommendations
Staff recommend that all of the following quality of life offenses be chargeable as a
misdemeanor, consistent with the penalties set forth in Section 1.08.010(B) of the code. In
practice, police officers use their discretion to issue infraction citations, make misdemeanor
arrests or issue warnings in lieu of enforcement. The City Attorney’s Office also has the
authority to downgrade a misdemeanor charge to an infraction.
A. Amend Chapter 8.36 – Camping on public property
Chapter 8.36 of the code currently seeks to “maintain public streets, public parks, public
beaches and other public property within the city in a clean and accessible condition and to
protect the public health and environment by ensuring that camping occurs only in those areas
where appropriate provisions have been made for handling camping-related waste.” Section
8.36.030 currently prohibits persons from camping on any “public street, public park, public
beach, or other public property, except in areas which have been specifically posted and
designated for such purposes.” Camping includes the erection or occupation of a “camp
facility,” which includes by definition a camper, motor home, RV or other vehicle used for
sleeping or living quarters.
1. Camping on public property
The proposed amendments related to unlawful camping on public property expand the
purpose and definitions provisions of Chapter 8.36 (Exhibit 4). The definition of
“camping” is more narrowly tailored to highlight that camping does not include
“picnicking, sitting, lying, or sleeping in an outdoor area or in a camp facility that is not
being used for living accommodations purposes” (see proposed Section 8.36.020 in
Exhibit 4). Additionally, the term “camp facility” would no longer include vehicles used
for sleeping or living quarters. Based on pending litigation in other jurisdictions, it is not
advisable to restrict camping in vehicles without the offer of an alternative motorized
living accommodation such as a safe parking lot.
Section 8.36.030 – Unlawful camping on public property essentially codifies current
Police Department enforcement policy by including time and place restrictions on
enforcement. Unlawful public camping citations would not be issuable between the
hours of 10 p.m. and 6 a.m., except on open space property3 where citations may be
issued any time of day. People may also be cited for unlawful camping if they have
realistic access to alternative temporary or permanent shelter and willfully refuse such
shelter for any reason unrelated to the exercise of a First Amendment or other state or
federal constitutional right. Other code provisions would still be enforceable overnight,
such as Section 11.32.030(9), which prohibits persons from being on city park property
between the hours of 10 p.m. and 8 a.m., since signage designates that parks are closed
to the public during these times.
3 “Open space” is defined in proposed Section 8.36.020 as “any parcel of land or water which is unimproved and
devoted to an open space use, and which is designated as part of the Open Space Zone in the Carlsbad Zoning
Ordinance.”
Sept. 14, 2021 Item #5 Page 6 of 47
The proposed amendment’s tailored enforcement of sitting, lying and sleeping in public
places is compatible with the federal Ninth Circuit panel decision Martin v. City of Boise, a
case related to an ordinance in Boise, Idaho. In Martin, the Ninth Circuit found that an
ordinance violates the cruel and unusual punishment clause of the Eighth Amendment if
it imposes criminal sanctions against homeless individuals for sitting, lying or sleeping
outdoors on public property when no alternative shelter is available to them. However,
the ruling in Martin is narrow in that it does not permit individuals to sit, lie or sleep on
the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is
unavailable, an ordinance may constitutionally prohibit sitting, lying or sleeping outside
at particular times or in particular locations, and an ordinance could bar the obstruction
of public rights of way or the erection of certain structures. Finally, the court stated that
its ruling does not apply to individuals who have access to adequate temporary shelter,
but who choose not to use it.
The proposed amendment’s time and place restrictions on enforcement in public places
provide homeless persons reasonable times and places to lawfully carry out “universal
and unavoidable” human activities, such as sleeping. The time and place restrictions can
be narrowed by a future ordinance amendment should the city expand temporary or
permanent shelter and housing options for its homeless population.
2. Camping on private property
The proposed amendment to Chapter 8.36 also adds a provision to protect private
property owners and lessees from people who camp on their property without
permission. Most North County cities’ municipal codes include such a provision,
including the cities of Oceanside, Vista, San Marcos, Encinitas, Del Mar and Escondido.
Not only would this provision protect private property owners, but it would also protect
the public health, safety and environment in cases of unauthorized campsites that are
located at or near shopping centers frequented by the public or on environmentally
sensitive open space private property.
The California Penal Code provisions for trespassing on private property are not always
applicable to camping on private property cases, and the District Attorney’s Office
infrequently files charges in such trespass cases. This provision would give the city the
means of prosecuting such violations.
3. Fires on public property
Section 11.32.030(2) of the code prohibits people from starting or maintaining any fire
in or upon any park or beach within the city, except in areas specially designated by the
city manager for such fires. But there is no municipal code section that prohibits the
starting or maintaining of fires on public property citywide. Police officers and
firefighters have encountered illegal encampments outside of city parks and beaches,
some of them with fires.
Carlsbad Fire Department data for 2020 and for 2021 through August 10 reveals a
significant number of fires associated with homeless persons (see Exhibit 2). In 2020,
there were 126 such fires that required extinguishing or other fire department
resources. To date in 2021, there have been 87 such fires. The majority of these fires
Sept. 14, 2021 Item #5 Page 7 of 47
occurred outdoors and could quickly spread to a dangerous or life-threatening
uncontrolled outdoor fire.
Patrol officers have witnessed small fires in encampment and open space areas, but
they have no legal authority to cite the responsible party. The California Penal Code
does not have an applicable provision unless the fire rises to the level of an arson, which
would require willful or malicious setting fire to or burning of a structure, forest land or
property.
Adding Section 8.36.040 would outlaw starting or maintaining a fire or cooking on public
property unless specially authorized by a license, permit or the City Manager. This would
give the Police Department an additional tool to prevent potentially dangerous fires
from spreading outside of their intended area.
4. Storage of personal property in public areas
The code does not have any provisions that regulate the storage of personal property in
public areas. However, the Police Department has developed internal policies and
training bulletins that standardize encampment cleanups, including guidelines on the
storage and disposal of personal property found in public areas. Other city departments
such as Library & Cultural Arts rely on rules of conduct that broadly regulate the storage
of private property in shared public spaces.
Proposed Section 8.36.050 provides a mechanism to facilitate the cleanup of personal
property stored in public areas, including encampment cleanups. The definitions section
of Chapter 8.36 has been supplemented to clarify terms used in this new section.
Subsection (A) of Section 8.36.050 prohibits the storage of personal property in public
areas between the hours of 6 a.m. and 10 p.m., the same timeframe that unlawful
camping on public property would be prohibited.
Subsection (B) permits designated city personnel, in most cases the Police Department
or its contractors, to remove and store personal property unlawfully stored on public
property in accordance with applicable police procedures.
Subsection (C) makes it unlawful for persons to interfere with or obstruct the removal of
such personal property.
B. Amend Section 8.28.050 – Distribution or solicitation to persons in vehicles and add
new Chapter 8.34 – Solicitation
Section 8.28.050 – Distribution or solicitation to persons in vehicles addresses some of the
complaints the city has received with regard to solicitation of motorists (Exhibit 5).
However, the ordinance has many exceptions, governed by two maps that are difficult for
officers to quickly apply in a given scenario. Indeed, police have rarely cited individuals
under this section since the ordinance was passed in 2000. The ordinance was originally
passed to address newspaper hawkers and day laborers, which are now a minimal issue.
Outside of the code, police have the option of charging someone with the offense of
panhandling under State Vehicle Code Section 22520.5(a), which outlaws soliciting on a
roadway and near a freeway ramp. A first violation of this section is an infraction.
Sept. 14, 2021 Item #5 Page 8 of 47
Aggressive panhandling is chargeable under California Penal Code Section 647(c), resulting
in a disorderly conduct misdemeanor charge. Both of these offenses are prosecuted by the
county District Attorney’s Office rather than the City Attorney’s Office.
The proposed Chapter 8.34 on solicitation (Exhibit 6) regulates a slightly wider range of
conduct than does the current Section 8.28.050 and state law. It prohibits:
• Aggressive solicitation throughout the city (as defined in the ordinance)
• Solicitation by approaching motor vehicles stopped at a traffic signal, sign or light
• Distribution of materials to vehicle occupants stopped at a traffic signal, sign or light
• Solicitation of a person in a public parking lot or structure after dark
This chapter also incorporates two provisions from the recently repealed and amended
Chapter 8.32 – Vending and soliciting relating to soliciting, selling or canvassing on private
property.
This new chapter is intended to provide the Police Department with a more workable tool
to protect the safety of the general public against abusive conduct from persons engaged in
solicitation. The ordinance is narrowly tailored with reasonable time, place and manner
restrictions on solicitation in order to respect the constitutional right of free speech for all
citizens. Additionally, violators must be warned before being cited. This chapter has been
tailored to address areas of problematic solicitation within the city. Larger cities such as Los
Angeles have more expansive and aggressive solicitation ordinances that would not be
appropriate for Carlsbad.
C. Add new Chapter 8.38 – Obstruction of property, trespass, and disorderly conduct
A description of each section in proposed Chapter 8.38 (Exhibit 7) is provided below. The
obstruction and trespassing sections require a warning or signage before someone can be
cited.
1. Add new Section 8.38.030 – Unlawful obstruction of property
Section 11.32.030 of the code governs “unlawful acts” in parks and beaches located
within city limits. Subsection (25) of Section 11.32.020 makes it unlawful “(f)or any
person to assemble, collect or gather together in any walk, passageway, or pathway set
apart for the travel of persons through any park or beach or to occupy same so that the
free passage or use thereof by persons passing along the same shall be obstructed in
any manner.”
Proposed Section 8.38.030 supplements Section 11.32.030 with a more expansive
provision prohibiting the obstruction of all of these areas within the city:
• Public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway or park
• Shopping center or other private property open to the patronage of the public
“in any manner that partially or completely blocks, obstructs, prevents or
otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes
passage in contravention of federal or state disability access laws.”
Sept. 14, 2021 Item #5 Page 9 of 47
Staff recommend this provision based on officer encounters and complaints from
community members that their access to public passageways, parks and certain private
properties open to the public has been blocked or hindered by encampments or
individuals who loiter, sleep or leave possessions or structures in these areas. When
confronted or asked to move, some individuals refuse to do so and/or exhibit aggressive
behavior. This conduct puts the public safety at risk.
2. Add new Section 8.38.040 – Trespass on parking lots, shopping center property, and
other private property open to the patronage of the public
The code does not have a general trespassing ordinance that protects private property
owners. The only trespass ordinance is contained in Section 11.32.030(8), which
prohibits trespassing in parks or beaches where posted. Police have the option of
charging trespassers on private property under California Penal Code Sections 602(o)
and 602.1(a). Squatting can be charged under Penal Code Section 602(m). These charges
are handled by the District Attorney’s Office.
The proposed Section 8.38.040 protects the rights of private property owners and the
general public, who may repeatedly encounter and feel threatened by individuals who
remain on, wander, idle or loiter on any parking lot, shopping center property or any
other private property open to the public without visible or lawful business with the
owner or occupant or without written permission of the owner or possessor. By
prosecuting such offenders through the City Attorney’s Office, rather than the District
Attorney’s Office, the city can maintain more control over offenders and route them to
necessary services as a condition of probation.
3. Add new Section 8.38.050 – Disorderly conduct
The Police Department is limited in its enforcement capabilities under California Penal
Code Section 415 – Disturbing the peace. This Penal Code provision requires a citizen’s
arrest by the person whose peace is being disturbed, i.e., the victim and/or witness, to
arrest someone for a misdemeanor offense.
New Section 8.38.050 regulates conduct similar to that in Penal Code Section 415
without the requirement of a witness, other than a police officer, for most of the named
offenses.
D. Amend Section 8.44.040 – Consuming or possessing an open container of alcoholic
beverages in certain public places and parks owned by the city prohibited
Section 8.44.040 of the code prohibits anyone from possessing an open alcohol container or
consuming any alcoholic beverage in any public street, sidewalk, alley, highway or public
parking lot in the city’s V-B Village Barrio Zone – the city’s downtown and historic center –
and in Rotary Park. Under Section 8.44.020, drinking on any publicly accessible beach, or on
any street, sidewalk, alley, highway, public parking lot or bluff-top adjacent to such beach is
strictly prohibited, with the exception of the South Carlsbad State Beach campgrounds.
The proposed amendment to Section 8.44.040 (Exhibit 8) expands the open alcohol
container prohibition to include Holiday Park and Pine Avenue Community Park. The
ordinance provides an exception for persons who obtain a special event permit or a park
Sept. 14, 2021 Item #5 Page 10 of 47
and facility use permit before scheduling an event in public spaces that will include the
possession or consumption of open alcohol containers.
Consumption of alcohol in public may be charged as a misdemeanor, while the possessory
offense must be charged as an infraction, in accordance with the California Business and
Professions Code.
Staff recommend this amendment based on resident complaints and police enforcement
issues with alcohol being abused in these parks and on other city properties where
homeless individuals and others congregate. Abuse of alcohol creates health and safety
issues for both the abuser and the public at large.
Options
The following options are provided for the City Council’s consideration:
1. Introduce the proposed ordinance, which amends or adds the following code provisions:
• Amends Chapter 8.36 – Camping on Public Property
• Amends Section 8.28.050 – Distribution or solicitation to persons in vehicles
• Adds new Chapter 8.34 – Solicitation
• Adds new Chapter 8.38 – Obstruction of Property, Trespass, and Disorderly
Conduct
• Amends Section 8.44.040 – Consuming or possessing an open container of
alcoholic beverages in certain public places and parks owned by the city prohibited
Pros
• City ordinances, as opposed to Penal Code citations, provide the Police
Department with a more tailored enforcement option to address these quality of
life issues at the infraction and misdemeanor level.
• These changes in the municipal code address concerns the community expressed
during district townhall meetings related to homelessness.
• The ordinance complements the homeless resources authorized by the City
Council at the March 23, 2021, meeting.
• Misdemeanor cases could result in plea offers that require stay-away orders and
contacts with homeless services providers as a condition of probation. Stay-away
orders could alleviate the proliferation of encampments in ecologically sensitive
areas such as watercourses and native habitat areas, as well as in city parks and
parks frequented by the public.
Cons
• May disproportionately affect unsheltered persons.
• The city cannot control the outcome of a criminal case once filed; not every case
will result in a finding of guilt.
• Citations can create legal and financial barriers for people trying to exit the cycle
of homelessness.
• Some homeless people may have difficulty complying with the unlawful camping
and storage of property ordinances during the daytime hours because of a lack
of public storage facilities and shelter resources.
Sept. 14, 2021 Item #5 Page 11 of 47
2. Direct staff to return with an ordinance that includes some of the proposed amendments and
additions, as identified by the City Council
Pros
• Adoption of any of the proposed additions or amendments to the code adds
enforcement tools for the Police Department to use judiciously as the
circumstances warrant.
• Adopting just the amendments for Chapter 8.36.030 – Camping on Public
Property would make the city’s existing unlawful public camping ordinance
consistent with current law, rather than relying on police policies to achieve this
same goal.
Cons
• The elimination or modification of the proposed amendments or additions could
limit local enforcement options for quality of life offenses and related
community concerns.
2. Do not introduce the ordinance.
Pros
• All of the cons in Option 1
Cons
• All of the pros in Option 1
Staff recommend that the City Council select Option 1 and introduce the ordinance with all of
the proposed amendments and additions discussed in this staff report.
Fiscal Analysis
The proposed ordinance should not have an appreciable fiscal impact. It is difficult to predict
whether enforcement of the new provisions such as unlawful camping on private property,
storage of private property in public places, obstruction, trespass and open containers of
alcohol in Pine Avenue Community Park and Pine Park will impact overall police calls for service.
Enforcement costs for unlawful public camping offenses will remain substantially the same,
since the ordinance amendments essentially codify existing police policies. The Police
Department, its Homeless Outreach Team and the City Attorney’s Office will continue to use
available resources and the different enforcement options available to address community
concerns on this important issue.
Next Steps
If the ordinance is introduced by the City Council, the City Clerk’s Office will prepare it for
adoption at the next regular City Council meeting. Once it is adopted, the City Clerk will publish
the ordinance or a summary of the ordinance in a newspaper of general circulation within 15
days. The ordinance will be effective 30 days following its adoption. Staff will provide updates,
as appropriate, on the implementation of this ordinance in the quarterly updates for the City
Council’s goal to “reduc[e] the unsheltered homeless population by 50%, among those who
want help, within the next five years.”
Sept. 14, 2021 Item #5 Page 12 of 47
Environmental Evaluation (CEQA)
In keeping with California Public Resources Code Section 21065, this action does not constitute
a “project” within the meaning of the California Environmental Quality Act in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. Therefore, it does not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Police Department homeless response data
2. Homeless related fires in the City of Carlsbad 2020-2021
3. Proposed ordinance:
a. Amends Chapter 8.36 – Camping on Public Property
b. Amends Section 8.28.050 – Distribution or solicitation to persons in vehicles
c. Adds new Chapter 8.34 – Solicitation
d. Adds new Chapter 8.38 – Obstruction of Property, Trespass, and Disorderly Conduct
e. Amends Section 8.44.040 – Consuming or possessing an open container of alcoholic
beverages in certain public places and parks owned by the city prohibited
4. Version of Chapter 8.36 showing revisions
5. Version of Section 8.28.050 showing revisions
6. Version of new Chapter 8.34 showing revisions
7. Version of new Chapter 8.38 showing revisions
8. Version of Section 8.44.040 showing revisions
Sept. 14, 2021 Item #5 Page 13 of 47
Jan-17 183 Jan-17 31 Jan-17 2018 2019 2020 2021
Feb-17 217 Feb-17 21 Feb-17 3 ARSON 1 2
Mar-17 269 Mar-17 30 Mar-17 ASSAULT 7 15 19 12
Apr-17 231 Apr-17 28 Apr-17 4 BURGLARY 5 8 10 3
May-17 238 May-17 21 May-17 7 CHILD AND FAMILY 1 2 4 4
Jun-17 235 Jun-17 24 Jun-17 2 DEADLY WEAPONS 7 11 2 3
Jul-17 340 Jul-17 42 Jul-17 8 EMBEZZLEMENT 1
Aug-17 382 Aug-17 38 Aug-17 12 FORGERY 1 2
Sep-17 406 Sep-17 38 Sep-17 10 FRAUD 2 6 10 2
Oct-17 370 Oct-17 39 Oct-17 9 LARCENY 5 10 18 4
Nov-17 342 Nov-17 42 Nov-17 1 MALICIOUS MISCHIEF 3 2 3 2
Dec-17 250 Dec-17 32 Dec-17 3 NARCOTIC 57 88 130 35
Jan-18 346 Jan-18 50 Jan-18 5 OTHER NON-CRIMINAL 36 63 28 14
Feb-18 285 Feb-18 29 Feb-18 5 OTHER PART II CRIME 97 167 201 115
Mar-18 371 Mar-18 44 Mar-18 15 ROBBERY 1 4 2
Apr-18 383 Apr-18 48 Apr-18 12 SEX CRIMES 1 1 5 4
May-18 357 May-18 45 May-18 15 VEHICLE THEFT 4 4 6 1
Jun-18 369 Jun-18 49 Jun-18 12
Jul-18 419 Jul-18 96 Jul-18 3
Aug-18 445 Aug-18 78 Aug-18 16
Sep-18 274 Sep-18 82 Sep-18 20
Oct-18 331 Oct-18 65 Oct-18 7
Nov-18 307 Nov-18 86 Nov-18 12
Dec-18 355 Dec-18 53 Dec-18 9
Jan-19 274 Jan-19 57 Jan-19 9
Feb-19 345 Feb-19 66 Feb-19 26
Mar-19 438 Mar-19 76 Mar-19 16
Apr-19 469 Apr-19 54 Apr-19 6
May-19 355 May-19 92 May-19 5
Jun-19 364 Jun-19 59 Jun-19 19
Jul-19 407 Jul-19 86 Jul-19 1
Aug-19 452 Aug-19 53 Aug-19 14
Sep-19 476 Sep-19 52 Sep-19 17
Oct-19 347 Oct-19 52 Oct-19 12
Nov-19 295 Nov-19 93 Nov-19 12
Dec-19 401 Dec-19 86 Dec-19 6
Jan-20 365 Jan-20 62 Jan-20 19
Feb-20 365 Feb-20 70 Feb-20 12
Mar-20 360 Mar-20 82 Mar-20 2
Apr-20 351 Apr-20 58 Apr-20
May-20 394 May-20 159 May-20
Jun-20 322 Jun-20 83 Jun-20
Jul-20 359 Jul-20 72 Jul-20
Homeless Calls
for Service
Homeless
Crimes
Unlawful Camping
Citations and
Warnings
Homeless Arrests by Type
Exhibit 1
Sept. 14, 2021 Item #5 Page 14 of 47
Aug-20 391 Aug-20 129 Aug-20 1
Sep-20 305 Sep-20 76 Sep-20
Oct-20 432 Oct-20 77 Oct-20
Nov-20 413 Nov-20 96 Nov-20
Dec-20 440 Dec-20 93 Dec-20
Jan-21 438 Jan-21 112 Jan-21
Feb-21 452 Feb-21 82 Feb-21
Mar-21 401 Mar-21 83 Mar-21
Apr-21 452 Apr-21 78 Apr-21
May-21 541 May-21 98 May-21
Jun-21 617 Jun-21 88 Jun-21 1
Jul-21 521 Jul-21 104 Jul-21 0
Aug-21 534 Aug-21 86 Aug-21 0
Sept. 14, 2021 Item #5 Page 15 of 47
2018 2019 2020 2021 TOTAL
OTHER NON-CRIMINAL 36 63 28 14 141
CONTEMPT OF COURT:DISOBEY COURT ORDER (M)2 1 1 4
COUNTY/MUNICIPAL ORDINANCES 1 1
FELONY OTHER AGENCY'S WARRANT 8 20 15 10 53
MISDEMEANOR OTHER AGENCY'S WARRANT 19 38 5 1 63
OPERATE MOTOR VEHICLE W/0.01% OR MORE BAC WHILE ON PROBATION FOR DUI (I)2 1 3
PITCH TENT IN PUBLIC PLACE-(I)2 2
POSSESSION OF OPEN CONTAINER NEAR LIQUOR BUSINESS-(M)2 2
PROBATION VIOLATION:REARREST/REVOKE 1 1 1 3
RECOVERY OF STOLEN VEHICLE 1 1 2
UNAUTHORIZED ACTS RELATING TO TRANSIT FACILITIES (M)1 1
UNLAWFUL CAMPING-(I)4 1 5
URINATING OR DEFICATING IN PUBLIC-(M)1 1 2
OTHER PART II CRIME 97 167 201 115 580
APPROPRIATE LOST PROPERTY ($950 OR LESS) (M)1 1 2
ATTEMPT TO COMMIT 496 PC:STOLEN PROP (F)2 2
CARRY SWITCHBLADE KNIFE ON PERSON (M)1 1
COMMIT FEL ON BAIL OR O/R RELEASE (BAIL+)1 1 2
CONSPIRACY:COMMIT CRIME (F)1 2 6 9
CONSPIRACY:COMMIT CRIME (M)1 1 2
CONTEMPT OF COURT:DISORD BEHAVIOR (M)1 1
CONTEMPT OF COURT:VIOLATE PROTECTIVE ORDER (M)1 1 2
DESTROY/CONCEAL EVIDENCE (M)1 1
DISORD CONDUCT:FIGHT/CHALLENGE FIGHT PUB PLACE (M)1 1
DISORD CONDUCT:PROWL/LOITER PRIVATE PROP (M)1 1
DRIVE W/O INTERLOCK Dev WHEN REQUIRED (M)1 1
DRUNK IN PUBLIC: ALCOHOL, DRUGS, COMBO OR TOLUENE (M)36 66 84 42 228
DRVG WHILE LIC SUSP OR REVOKED (M)1 1 2
DRVG WHILE LIC SUSP OR REVOKED:OTHER REASONS (M)1 1
DRVG WITHOUT VALID DRVR'S LIC (M)1 1
DUI ALC/0.08 PERCENT (M)2 1 1 4
DUI ALCOHOL (M)3 1 2 6
DUI DRUG (M)1 1 1 3
DUMP OR ABANDON REFUSE/ETC IN OR NEAR STATE WATERS (M)1 1
EVADE PEACE OFCR WITH WANTON DISREGARD FOR SAFETY (F)1 1
FAIL TO PROVIDE WRITTEN PROMISE AT ARREST 1 1
FAILED TO STOP FOR STOP SIGN (I)1 1
FALSE IDENT TO PEACE OFCR (M)1 2 3 6
FALSE IMPRISONMENT (M)1 1
FELONY BENCH WARRANT (OUR AGENCY)2 1 3 5 11
FLASH INCARCERATION 1 1
KIDNAPPING (F)1 1
LICENSEE LET MINOR CONSUME LIQUOR (M)1 1
LITTER PUBLIC/PRIVATE PROP (I)1 1
MAKE Mot Veh KEY W/O WORK ORDER (M)1 1
MENTAL DISORDER 72 HR OBSERVATION 13 25 43 36 117
MISDEMEANOR BENCH WARRANT (OUR AGENCY)10 11 3 24
NARCOTIC ADDICT POSS/BUY/USE STUN GUN (M)2 2
OBSTRUCT/RESIST PEACE OFCR/EMER MED TECH (M)3 7 12 8 30
POSS BURGLARY TOOLS (M)3 2 3 8
POSS SHOPPING/LAUNDRY CART (M)3 1 4
POSS STOLEN VEH/VESSEL (F)4 5 6 15
POSSESS SWITCHBLADE IN VEHICLE (M)1 1
PRCS VIOLATION 1 1
PROBATION VIOLATION:REARREST/REVOKE [STATE SPECIFIC CRIME]1 2 3
RECEIVE/ETC KNOWN STOLEN PROPERTY (F)3 3 1 7
RECEIVE/ETC KNOWN STOLEN PROPERTY [$950 OR LESS] (M)6 3 4 2 15
REMOVE SHOPPING/LAUNDRY CART (M)1 1
SELL LIQUOR TO MINOR (M)1 1
SMOKING IN PUBLIC PARKS & BEACH PROHIBITED (I)-(I)1 1
SOLICIT ON FWY & ON/OFF RAMP (M)1 1
THROW SUBS AT VEH ON HWY (M)1 1
TRESPASS:ENTER AFTER NOTIF. BY PEACE OFCR ON BEHALF OF OWNER (M)1 1 1 3
TRESPASS:OBSTRUCT BUSINESS OPERS (M)2 5 7
TRESPASS:OCCUPY REAL PROPERTY W/O OWNER CONSENT (M)3 9 1 1 14
TRESPASS:REFUSE TO LEAVE PROPERTY:PEACE OFFICER REQUEST (M)4 4
TRESPASSING (M)1 4 4 2 11
VIOLATION PAROLE:FELONY 2 5 4 1 12
Sept. 14, 2021 Item #5 Page 16 of 47
2018-19 n/a
2019-20 946,400.00$
2020-21 2,151,238.00$
2021-22 1,192,227.00$
2018-19 ORG KEY 0012137 - CST & HOT
4 CST, 2 HOT, 1 Sergeant
BUDGETED EXPENDITURES PER EMPLOYEE x2.5 EMPLOYEES
TOTAL PERSONNEL 688,145.00$ 865,901.72$ 144,316.95$ 360,792.38$
PRINTING -$ 56.57$ 9.43$ 23.57$
TELEPHONE & COMMUNICATIONS -$ 738.00$ 123.00$ 307.50$
MISC SUPP -$ 385.89$ 64.32$ 160.79$
TRAINING/TRAINING RELATED TRVL -$ 2,986.58$ 497.76$ 1,244.41$
MISC MEALS/MILES -$ 63.09$ 10.52$ 26.29$
TOTAL M & O -$ 4,230.13$ 145,021.98$ 362,554.94$
HOT Budget by Year
Sept. 14, 2021 Item #5 Page 17 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
327155 2020‐002165 2020‐002165 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
329466 2020‐006705 2020‐006705 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
332534 2020‐012583 2020‐012583 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
334445 2020‐016377 2020‐016377 112 ‐ Fires in structure other
than in a building
86 ‐ Investigate
336886 2020‐021238 2020‐021238 112 ‐ Fires in structure other
than in a building
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
337480 2020‐021817 2020‐021817 142 ‐ Brush or brush‐and‐
grass mixture fire
13 ‐ Establish fire lines (wildfire), 14 ‐ Contain fire
(wildland), 15 ‐ Confine fire (wildland), 16 ‐ Control
fire (wildland)
340980 2020‐027945 2020‐027945 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
342025 2020‐029823 2020‐029823 151 ‐ Outside rubbish, trash
or waste fire
12 ‐ Salvage & overhaul, 84 ‐ Refer to proper
authority
343297 2020‐029635 2020‐029635 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
343582 2020‐031931 2020‐031931 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
343698 2020‐032286 2020‐032286 154 ‐ Dumpster or other
outside trash receptacle fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 51 ‐ Ventilate, 52 ‐ Forcible
entry, 86 ‐ Investigate
344295 2020‐033009 2020‐033009 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
344798 2020‐032103 2020‐032103 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 86 ‐ Investigate
344823 2020‐034129 2020‐034129 142 ‐ Brush or brush‐and‐
grass mixture fire
10 ‐ Fire control or extinguishment, other, 12 ‐
Salvage & overhaul
345309 2020‐034538 2020‐034538 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
345707 2020‐033669 2020‐033669 111 ‐ Building fire 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
357196 2020‐038103 2020‐038103 170 ‐ Cultivated vegetation,
crop fire, other
11 ‐ Extinguishment by fire service personnel
357782 2020‐038842 2020‐038842 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
357887 2020‐039065 2020‐039065 142 ‐ Brush or brush‐and‐
grass mixture fire
10 ‐ Fire control or extinguishment, other, 11 ‐
Extinguishment by fire service personnel, 16 ‐
Control fire (wildland), 73 ‐ Provide manpower
369911 2020‐042322 2020‐042322 100 ‐ Fire, other 86 ‐ Investigate
370991 2020‐042515 2020‐042515 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 84 ‐ Refer to proper authority,
86 ‐ Investigate
371080 2020‐042632 2020‐042632 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
371509 2020‐043184 2020‐043184 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower, 81 ‐ Incident command
371520 2020‐043341 2020‐043341 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 81 ‐ Incident command
371668 2020‐043435 2020‐043435 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel
372811 2020‐044854 2020‐044854 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
374618 2020‐046644 2020‐046644 151 ‐ Outside rubbish, trash
or waste fire
86 ‐ Investigate
376103 2020‐048296 2020‐048296 160 ‐ Special outside fire,
other
11 ‐ Extinguishment by fire service personnel
376233 2020‐048278 2020‐048278 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
376737 2020‐048683 2020‐048683 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
*2021 data through Aug. 10, 2021 Page 1 of 8
EXHEXHIBIT 2EXHIBIT 2
Sept. 14, 2021 Item #5 Page 18 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
376819 2020‐048922 2020‐048922 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
376860 2020‐048990 2020‐048990 151 ‐ Outside rubbish, trash
or waste fire
10 ‐ Fire control or extinguishment, other, 12 ‐
Salvage & overhaul, 14 ‐ Contain fire (wildland), 86
‐ Investigate
377817 2020‐050004 2020‐050004 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
378224 2020‐050521 2020‐050521 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 13 ‐ Establish fire lines
(wildfire), 31 ‐ Provide first aid & check for injuries
378530 2020‐050927 2020‐050927 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other
379295 2020‐051792 2020‐051792 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
379954 2020‐052424 2020‐052424 170 ‐ Cultivated vegetation,
crop fire, other
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
379986 2020‐052428 2020‐052428 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 14 ‐
Contain fire (wildland), 16 ‐ Control fire (wildland),
32 ‐ Provide basic life support (BLS), 73 ‐ Provide
manpower, 76 ‐ Provide water, 81 ‐ Incident
command, 86 ‐ Investigate, 92 ‐ Standby3801552020‐052751 2020‐052751 150 ‐ Outside rubbish fire,
other
10 ‐ Fire control or extinguishment, other, 11 ‐
Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 13 ‐ Establish fire lines
(wildfire), 14 ‐ Contain fire (wildland), 15 ‐ Confine
fire (wildland), 16 ‐ Control fire (wildland)
381396 2020‐054108 2020‐054108 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
383392 2020‐055999 2020‐055999 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
383483 2020‐055962 2020‐055962 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
383636 2020‐056330 2020‐056330 141 ‐ Forest, woods or
wildland fire
11 ‐ Extinguishment by fire service personnel
394579 2020‐057736 2020‐057736 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
394766 2020‐057897 2020‐057897 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
395511 2020‐058809 2020‐058809 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
395536 2020‐058788 2020‐058788 137 ‐ Camper or recreational
vehicle (RV) fire
11 ‐ Extinguishment by fire service personnel, 33 ‐
Provide advanced life support (ALS), 34 ‐ Transport
person
395542 2020‐058788 2020‐058788 130 ‐ Mobile property
(vehicle) fire, other
33 ‐ Provide advanced life support (ALS), 34 ‐
Transport person
396209 2020‐059426 2020‐059426 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
396323 2020‐059467 2020‐059467 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
396540 2020‐054462 2020‐054462 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 13 ‐ Establish fire lines
(wildfire), 73 ‐ Provide manpower, 86 ‐ Investigate
396553 2020‐054420 2020‐054420 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
396651 2020‐059667 2020‐059667 141 ‐ Forest, woods or
wildland fire
11 ‐ Extinguishment by fire service personnel
397239 2020‐057214 2020‐057214 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
397556 2020‐060934 2020‐060934 151 ‐ Outside rubbish, trash
or waste fire
10 ‐ Fire control or extinguishment, other
397697 2020‐061101 2020‐061101 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 86 ‐ Investigate
* 2021 data through Aug. 10, 2021 Page 2 of 8Sept. 14, 2021 Item #5 Page 19 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
397971 2020‐061390 2020‐061390 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
398157 2020‐061584 2020‐061584 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower, 86 ‐ Investigate
398875 2020‐062365 2020‐062365 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
399823 2020‐063352 2020‐063352 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
399939 2020‐063481 2020‐063481 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
401342 2020‐065032 2020‐065032 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
401599 2020‐065316 2020‐065316 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
412685 2020‐066513 2020‐066513 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
412826 2020‐066664 2020‐066664 130 ‐ Mobile property
(vehicle) fire, other
10 ‐ Fire control or extinguishment, other, 11 ‐
Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 78 ‐ Control traffic4133312020‐067185 2020‐067185 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
413461 2020‐067309 2020‐067309 150 ‐ Outside rubbish fire,
other
73 ‐ Provide manpower, 86 ‐ Investigate
413468 2020‐067318 2020‐067318 160 ‐ Special outside fire,
other
80 ‐ Information, investigation & enforcement,
other
414514 2020‐068611 2020‐068611 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
414575 2020‐068683 2020‐068683 100 ‐ Fire, other 86 ‐ Investigate
414641 2020‐068759 2020‐068759 150 ‐ Outside rubbish fire,
other
86 ‐ Investigate
414802 2020‐068934 2020‐068934 150 ‐ Outside rubbish fire,
other
10 ‐ Fire control or extinguishment, other, 12 ‐
Salvage & overhaul
415961 2020‐070293 2020‐070293 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower
416001 2020‐070336 2020‐070336 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
416160 2020‐070519 2020‐070519 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
416360 2020‐070793 2020‐070793 143 ‐ Grass fire 10 ‐ Fire control or extinguishment, other, 11 ‐
Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
416539 2020‐071016 2020‐071016 100 ‐ Fire, other 73 ‐ Provide manpower
417133 2020‐071729 2020‐071729 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
417350 2020‐071987 2020‐071987 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
427687 2020‐072403 2020‐072403 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other
428253 2020‐073103 2020‐073103 151 ‐ Outside rubbish, trash
or waste fire
12 ‐ Salvage & overhaul, 86 ‐ Investigate
428535 2020‐073431 2020‐073431 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
428798 2020‐073729 2020‐073729 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
428939 2020‐073890 2020‐073890 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
429621 2020‐074737 2020‐074737 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
430049 2020‐075215 2020‐075215 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
430397 2020‐075648 2020‐075648 112 ‐ Fires in structure other
than in a building
12 ‐ Salvage & overhaul, 86 ‐ Investigate
430697 2020‐076003 2020‐076003 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
431111 2020‐076493 2020‐076493 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel
* 2021 data through Aug. 10, 2021 Page 3 of 8Sept. 14, 2021 Item #5 Page 20 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
431625 2020‐077086 2020‐077086 142 ‐ Brush or brush‐and‐
grass mixture fire
10 ‐ Fire control or extinguishment, other, 86 ‐
Investigate
431754 2020‐077253 2020‐077253 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower
432074 2020‐077622 2020‐077622 112 ‐ Fires in structure other
than in a building
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
432211 2020‐077783 2020‐077783 151 ‐ Outside rubbish, trash
or waste fire
73 ‐ Provide manpower, 86 ‐ Investigate
432339 2020‐077933 2020‐077933 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
432899 2020‐078605 2020‐078605 160 ‐ Special outside fire,
other
12 ‐ Salvage & overhaul, 86 ‐ Investigate
433481 2020‐079283 2020‐079283 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
433955 2020‐079681 2020‐079681 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
434148 2020‐080049 2020‐080049 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
434538 2020‐080593 2020‐080593 141 ‐ Forest, woods or
wildland fire
11 ‐ Extinguishment by fire service personnel
434668 2020‐080744 2020‐080744 152 ‐ Garbage dump or
sanitary landfill fire
11 ‐ Extinguishment by fire service personnel
434766 2020‐080891 2020‐080891 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 73 ‐ Provide manpower, 86 ‐
Investigate
434819 2020‐080977 2020‐080977 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
434915 2020‐081108 2020‐081108 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
434918 2020‐081113 2020‐081113 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 86 ‐ Investigate
435152 2020‐081375 2020‐081375 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
435591 2020‐081931 2020‐081931 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
436067 2020‐082463 2020‐082463 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower, 86 ‐ Investigate
436134 2020‐082538 2020‐082538 150 ‐ Outside rubbish fire,
other
86 ‐ Investigate
436982 2020‐083537 2020‐083537 140 ‐ Natural vegetation fire,
other
10 ‐ Fire control or extinguishment, other
437458 2020‐084106 2020‐084106 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
437466 2020‐084118 2020‐084118 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
437468 2020‐084120 2020‐084120 142 ‐ Brush or brush‐and‐
grass mixture fire
86 ‐ Investigate
438047 2020‐084765 2020‐084765 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
438129 2020‐084861 2020‐084861 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 14 ‐
Contain fire (wildland), 16 ‐ Control fire (wildland)
438301 2020‐085048 2020‐085048 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
438997 2020‐085918 2020‐085918 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
439989 2020‐087120 2020‐087120 150 ‐ Outside rubbish fire,
other
86 ‐ Investigate
450242 2020‐052862 2020‐052862 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
450243 2020‐052841 2020‐052841 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
* 2021 data through Aug. 10, 2021 Page 4 of 8Sept. 14, 2021 Item #5 Page 21 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
450619 2020‐087881 2020‐087881 154 ‐ Dumpster or other
outside trash receptacle fire
86 ‐ Investigate
452007 2021‐000862 2021‐000862 150 ‐ Outside rubbish fire,
other
86 ‐ Investigate
452177 2021‐001077 2021‐001077 151 ‐ Outside rubbish, trash
or waste fire
86 ‐ Investigate
452930 2021‐001986 2021‐001986 100 ‐ Fire, other 86 ‐ Investigate
453216 2021‐002343 2021‐002343 143 ‐ Grass fire 16 ‐ Control fire (wildland)
453274 2021‐002424 2021‐002424 160 ‐ Special outside fire,
other
10 ‐ Fire control or extinguishment, other
453603 2020‐053162 2020‐053162 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
453778 2021‐003057 2021‐003057 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
453871 2021‐003183 2021‐003183 170 ‐ Cultivated vegetation,
crop fire, other
11 ‐ Extinguishment by fire service personnel
453884 2021‐003208 2021‐003208 140 ‐ Natural vegetation fire,
other
10 ‐ Fire control or extinguishment, other
454202 2021‐003575 2021‐003575 142 ‐ Brush or brush‐and‐
grass mixture fire
13 ‐ Establish fire lines (wildfire), 16 ‐ Control fire
(wildland)
454392 2021‐003996 2021‐003996 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
454691 2021‐004374 2021‐004374 100 ‐ Fire, other 00 ‐ Action taken, other, 11 ‐ Extinguishment by
fire service personnel
454934 2021‐004648 2021‐004648 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
478543 2021‐009309 2021‐009309 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
479281 2021‐010331 2021‐010331 120 ‐ Fire in mobile prop. used
as a fixed struc., other
11 ‐ Extinguishment by fire service personnel, 31 ‐
Provide first aid & check for injuries, 32 ‐ Provide
basic life support (BLS), 33 ‐ Provide advanced life
support (ALS), 34 ‐ Transport person, 73 ‐ Provide
manpower, 78 ‐ Control traffic, 86 ‐ Investigate
479313 2021‐010369 2021‐010369 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other
479723 2021‐010921 2021‐010921 151 ‐ Outside rubbish, trash
or waste fire
10 ‐ Fire control or extinguishment, other
480004 2021‐011272 2021‐011272 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
480579 2021‐012037 2021‐012037 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 86 ‐ Investigate
481866 2021‐013690 2021‐013690 151 ‐ Outside rubbish, trash
or waste fire
10 ‐ Fire control or extinguishment, other
483060 2021‐015216 2021‐015216 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
483276 2021‐015112 2021‐015112 151 ‐ Outside rubbish, trash
or waste fire
73 ‐ Provide manpower
483435 2021‐015665 2021‐015665 112 ‐ Fires in structure other
than in a building
10 ‐ Fire control or extinguishment, other
483767 2021‐016104 2021‐016104 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
483968 2021‐016363 2021‐016363 154 ‐ Dumpster or other
outside trash receptacle fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
484401 2021‐016896 2021‐016896 161 ‐ Outside storage fire 11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul, 81 ‐ Incident command, 86 ‐
Investigate
484602 2021‐017146 2021‐017146 161 ‐ Outside storage fire 11 ‐ Extinguishment by fire service personnel
484987 2021‐017684 2021‐017684 100 ‐ Fire, other 86 ‐ Investigate
485089 2021‐017811 2021‐017811 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
486661 2021‐019843 2021‐019843 151 ‐ Outside rubbish, trash
or waste fire
86 ‐ Investigate
* 2021 data through Aug. 10, 2021 Page 5 of 8Sept. 14, 2021 Item #5 Page 22 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
487077 2021‐020353 2021‐020353 137 ‐ Camper or recreational
vehicle (RV) fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
487247 2021‐020576 2021‐020576 113 ‐ Cooking fire, confined to
container
11 ‐ Extinguishment by fire service personnel, 84 ‐
Refer to proper authority, 86 ‐ Investigate
487448 2021‐020845 2021‐020845 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
487505 2021‐020918 2021‐020918 151 ‐ Outside rubbish, trash
or waste fire
64 ‐ Shut down system, 84 ‐ Refer to proper
authority, 87 ‐ Investigate fire out on arrival
488517 2021‐022212 2021‐022212 130 ‐ Mobile property
(vehicle) fire, other
86 ‐ Investigate
488897 2021‐022719 2021‐022719 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other, 78 ‐
Control traffic
489548 2021‐023553 2021‐023553 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
490168 2021‐024351 2021‐024351 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
490196 2021‐024385 2021‐024385 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
490197 2021‐024387 2021‐024387 151 ‐ Outside rubbish, trash
or waste fire
86 ‐ Investigate
490217 2021‐024409 2021‐024409 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
490250 2021‐024453 2021‐024453 150 ‐ Outside rubbish fire,
other
73 ‐ Provide manpower, 86 ‐ Investigate
490547 2021‐024858 2021‐024858 142 ‐ Brush or brush‐and‐
grass mixture fire
10 ‐ Fire control or extinguishment, other, 73 ‐
Provide manpower
491342 2021‐025846 2021‐025846 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
491401 2021‐025913 2021‐025913 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 16 ‐
Control fire (wildland)
491403 2021‐025918 2021‐025918 150 ‐ Outside rubbish fire,
other
10 ‐ Fire control or extinguishment, other
492886 2021‐027739 2021‐027739 142 ‐ Brush or brush‐and‐
grass mixture fire
10 ‐ Fire control or extinguishment, other
494139 2021‐029480 2021‐029480 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
504885 2021‐030496 2021‐030496 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
505074 2021‐030725 2021‐030725 151 ‐ Outside rubbish, trash
or waste fire
86 ‐ Investigate
505325 2021‐031051 2021‐031051 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
505545 2021‐031325 2021‐031325 100 ‐ Fire, other 86 ‐ Investigate
505602 2021‐031394 2021‐031394 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 16 ‐
Control fire (wildland)
505997 2021‐031891 2021‐031891 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
506000 2021‐031894 2021‐031894 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
508268 2021‐034796 2021‐034796 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
509380 2021‐036262 2021‐036262 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
509721 2021‐036707 2021‐036707 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 13 ‐
Establish fire lines (wildfire), 14 ‐ Contain fire
(wildland), 15 ‐ Confine fire (wildland), 16 ‐ Control
fire (wildland)
509790 2021‐036817 2021‐036817 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel, 58 ‐
Operate apparatus or vehicle, 86 ‐ Investigate
510045 2021‐036642 2021‐036642 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
510386 2021‐037558 2021‐037558 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 51 ‐
Ventilate, 92 ‐ Standby
* 2021 data through Aug. 10, 2021 Page 6 of 8Sept. 14, 2021 Item #5 Page 23 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
510431 2021‐037609 2021‐037609 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
510523 2021‐037723 2021‐037723 142 ‐ Brush or brush‐and‐
grass mixture fire
86 ‐ Investigate
522196 2021‐039832 2021‐039832 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower, 86 ‐ Investigate
522390 2021‐040093 2021‐040093 154 ‐ Dumpster or other
outside trash receptacle fire
86 ‐ Investigate, 87 ‐ Investigate fire out on arrival
522724 2021‐040508 2021‐040508 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel
522727 2021‐040512 2021‐040512 140 ‐ Natural vegetation fire,
other
11 ‐ Extinguishment by fire service personnel
523302 2021‐041220 2021‐041220 154 ‐ Dumpster or other
outside trash receptacle fire
11 ‐ Extinguishment by fire service personnel
523786 2021‐041862 2021‐041862 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other, 73 ‐
Provide manpower
524879 2021‐043227 2021‐043227 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
524965 2021‐043368 2021‐043368 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
525422 2021‐043976 2021‐043976 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 12 ‐
Salvage & overhaul
525896 2021‐044566 2021‐044566 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
526255 2021‐045057 2021‐045057 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 13 ‐
Establish fire lines (wildfire), 14 ‐ Contain fire
(wildland), 15 ‐ Confine fire (wildland), 73 ‐ Provide
manpower
537120 2021‐046104 2021‐046104 140 ‐ Natural vegetation fire,
other
10 ‐ Fire control or extinguishment, other, 12 ‐
Salvage & overhaul
538510 2021‐047822 2021‐047822 111 ‐ Building fire 73 ‐ Provide manpower
539319 2021‐048793 2021‐048793 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other
539899 2021‐049554 2021‐049554 142 ‐ Brush or brush‐and‐
grass mixture fire
12 ‐ Salvage & overhaul, 13 ‐ Establish fire lines
(wildfire), 14 ‐ Contain fire (wildland)
539937 2021‐049609 2021‐049609 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
539952 2021‐049633 2021‐049633 150 ‐ Outside rubbish fire,
other
86 ‐ Investigate
541193 2021‐051190 2021‐051190 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel, 86 ‐
Investigate
541491 2021‐051599 2021‐051599 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel, 73 ‐
Provide manpower
541697 2021‐051856 2021‐051856 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
541797 2021‐051980 2021‐051980 100 ‐ Fire, other 10 ‐ Fire control or extinguishment, other, 12 ‐
Salvage & overhaul, 64 ‐ Shut down system, 84 ‐
Refer to proper authority, 86 ‐ Investigate
543588 2021‐054218 2021‐054218 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel
544293 2021‐055091 2021‐055091 100 ‐ Fire, other 11 ‐ Extinguishment by fire service personnel
544704 2021‐055628 2021‐055628 142 ‐ Brush or brush‐and‐
grass mixture fire
11 ‐ Extinguishment by fire service personnel
555816 2021‐057016 2021‐057016 140 ‐ Natural vegetation fire,
other
10 ‐ Fire control or extinguishment, other
557277 2021‐058780 2021‐058780 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
558237 2021‐059918 2021‐059918 151 ‐ Outside rubbish, trash
or waste fire
11 ‐ Extinguishment by fire service personnel
558578 2021‐060343 2021‐060343 131 ‐ Passenger vehicle fire 11 ‐ Extinguishment by fire service personnel
558712 2021‐060512 2021‐060512 130 ‐ Mobile property
(vehicle) fire, other
11 ‐ Extinguishment by fire service personnel
* 2021 data through Aug. 10, 2021 Page 7 of 8Sept. 14, 2021 Item #5 Page 24 of 47
Homeless Related Fires in City of Carlsbad 2020‐2021*
Record Id Incident
Number
Incident
Number1
Incident Type Actions Taken
559940 2021‐062054 2021‐062054 150 ‐ Outside rubbish fire,
other
11 ‐ Extinguishment by fire service personnel
* 2021 data through Aug. 10, 2021 Page 8 of 8Sept. 14, 2021 Item #5 Page 25 of 47
ORDINANCE NO. ----
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTERS 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
EXHIBIT 3
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on .public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusual punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinance could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an interest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
1
Sept. 14, 2021 Item #5 Page 26 of 47
EXHIBIT 3
WHEREAS, as to proposed Chapter 8.34 entitled "Solicitation," this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members'
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1.
Section 2.
follows:
The above recitations are true and correct.
That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
Purpose.
Definitions.
Unlawful camping.
Fires and cooking on public property.
Storage of personal property in public places.
Severability.
2
Sept. 14, 2021 Item #5 Page 27 of 47
EXHIBIT 3
8.36.010 Purpose.
Public places within the city should be readily accessible to residents and the public at large. The use
of public places for camping can interfere with the rights of others to use these places for the purposes
for which they were intended. Camping in these places can also endanger the public health and the
environmei:it when camping-related waste and human waste are disposed of improperly, particularly
in environmentally sensitive areas, such as native habitat, open spaces and watercourses. Human
presence in open spaces, other than on designated trails, can also increase the risk of wildfire danger
and possible injuries to and from threatened wildlife. Additionally, camping on private outdoor
property without permission of the owner or lessee interferes with the owner or lessee's property
rights and desire to utilize the private outdoor property for lawful and authorized purposes.
The purpose of this chapter is to maintain public places and private outdoor property within the city in
a clean and accessible condition and to protect the public health, safety, and environment by ensuring
that camping occurs only in those designated areas where appropriate provisions have been made for
handling camping-related waste, food preparation, and fires.
8.36.020 Definitions.
As used in this chapter:
"Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020.
"Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility for
living accommodations purposes such as sleeping activities, preparations to sleep (including the
laying down of bedding for the purpose of sleeping), storing personal property, or making a camp
fire. These activities constitute camping when it reasonably appears, in light of all the
circumstances, that the participants in these activities are in fact using the area as a living
accommodation regardless of the intent of the participants or the nature of any other activities in
which they may also be engaging. Camping does not include picnicking, sitting, lying, or sleeping
in an outdoor area or in a camp facility that is not being used for living accommodations purposes.
This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."
"Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
"Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel" means the police department and its third-party contractors and any other city
employees or third-party contractors designated by the city manager.
"Highway" means a way or place of whatever nature, publicly maintained and open to public use for
purposes of vehicular travel.
"Open space" means any parcel of land or water which is unimproved and devoted to an open space
use, and which is designated as an Open Space Zone in the Zoning Ordinance (Title21).
"Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
"Parkway" means the area of the street between the back of the curb and the sidewalk that typically
is planted and landscaped.
"Person" is defined as any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity recognized by law as the subject of rights or duties.
3
Sept. 14, 2021 Item #5 Page 28 of 47
EXHIBIT 3
"Personal property" includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good condition
(iv) Clothes stored in a manner protecting them from the elements, which are not unsanitary,
soiled, or verminous;
(v) Non-perishable food items; and
(vi) Personal property with an estimated individual fair market value of at least $50.
"Public place" means any property in the city owned, leased, licensed, or operated by a public entity
that is accessible to the public, including any of the following: parks, beaches, alleyways, parking
lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space,
sidewalks, curbs, and public educational institutions.
"Shelter" means a structure designed to provide homeless persons and unstably housed individuals
with overnight sleeping accommodations and relief from the elements. The "shelter" may offer
meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include
a safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit
entity.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers,
markings, or other delineation, for pedestrian travel.
"Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put in
place or leave in a particular place, whether attended or unattended.
"Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb,
bikeway, or other public way in the city dedicated and open to public use, or such other public
property so designated by state law.
"Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and
sustained by supports, which is not open on all sides and which hinders an unobstructed view
behind or into the area surrounded by the fabric.
"Unattended personal property" means no person is present with an item or items of personal property
who asserts or claims ownership over the personal property. lndicia of unattended personal
property includes, but is not limited to, the act of leaving the personal property in a public place
so that it may be appropriated by the next comer. Personal property is not considered
"unattended" if a person is present with the personal property and the person claims ownership
over the personal property.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to camp between the hours of 6 a.m. and 10 p.m. in or upon any
public street, public park, public beach, or other public place, except in areas which have
been specifically posted, designated, or permitted for such purposes.
2. Notwithstanding Section 8.36.030(A)(l), it is unlawful for any person to:
a. Camp or sleep in open space at any time.
4
Sept. 14, 2021 Item #5 Page 29 of 47
EXHIBIT 3
b. Camp or sleep at any time and in any location of the city if the person realistically has
access to temporary or permanent shelter where the person can sleep and willfully
refuses such shelter for any reason unrelated to the exercise of a state or federal
constitutional right.
3. It is not the intent of this Section to prohibit lawful protesting, picketing, demonstrating,
signature gathering, voter registration, leafleting, or any other lawful activity.
B. Private property
1. It is unlawful for any person to camp on any private outdoor property without the express
written or verbal permission of the owner or lessee of such property.
2. This subsection is not intended to:
a. Prohibit overnight camping on private residential property by friends or family of the
property owner, so long as the owner consents to the camping activity.
b. Prohibit or make unlawful, activities of an owner of private property or other lawful user
of private property that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes.
c. Prohibit or make unlawful, activities of a property owner or other lawful user if such
activities are expressly authorized by the Zoning Ordinance (Title 21) or other applicable
laws, ordinances and regulations.
C. The city manager or designee may issue a temporary permit to allow camping on public or private
property in connection with special events (Chapter 8.17) or emergency services (Chapter 6.04).
8.36.040 Fires and cooking on public property.
A. It is unlawful for any person to start or maintain any fire in a public place, except in such areas
specifically designated by the city manager or designee for such fires, including stoves, barbecue
pits, and fire rings.
B. It is unlawful for any person to cook food in a public place, except as otherwise allowed by this
code or by license or permit, or except in locations specifically designated by the city manager or
designee.
8.36.050 Storage of personal property in public places.
A. Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property,
including camp facilities or camping implements, in a public place between the hours of 6 a.m.
and 10 p.m., except as otherwise provided by this code or pursuant to a valid license or permit.
This subsection is not intended to permit storage of personal property where otherwise prohibited
by this code.
B. Property Removal. City personnel may remove and store personal property that is unlawfully
stored, unattended, or otherwise found in an unlawful encampment pursuant to applicable
written and publicly available police department policies and procedures.
C. Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with, resist,
delay, or otherwise obstruct city personnel from moving, removing, impounding, or discarding
personal property pursuant to Section 8.36.0S0(B).
5
Sept. 14, 2021 Item #5 Page 30 of 47
EXHIBIT 3
8.36.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not
affect the validity of the remaining portions of this chapter or the application of the chapter to persons
or circumstances not similarly situated.
Section 3:
follows:
That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. Except as permitted by Section 8.28.050(B), it is unlawful for any person, while on a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk's office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B
attached to the ordinance codified in this chapter and found on file in the city clerk's office;
3. Anywhere on, La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.050(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
Sections:
8.34.010
8.34.020
8.34.030
8.34.040
8.34.050
8.34.060
Purpose.
Definitions.
Chapter 8.34
SOLICITATION
Aggressive solicitation prohibited.
Solicitation of motor vehicles and in parking lots.
Entering private property for the purpose of sale without permission.
Restriction on hours.
6
Sept. 14, 2021 Item #5 Page 31 of 47
EXHIBIT 3
8.34.070 Severability.
8.34.010 Purpose.
This chapter is intended to improve the quality of life an d economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
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Sept. 14, 2021 Item #5 Page 32 of 47
EXHIBIT 3
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials in any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to_ any of the following:
1. Solicitations related to business which is being conducted on the subject 'premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person -shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words "no solicitors," "no peddlers," or other similar words, at or
near the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to any structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not
affect the validity of the remaining portions of this chapter or the application of the chapter to persons
or circumstances not similarly situated.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
8
Sept. 14, 2021 Item #5 Page 33 of 47
Purpose.
Definitions.
Unlawful obstruction of property.
EXHIBIT 3
Sections:
8.38.010
8.38.020
8.38.030
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050
8.38.060
Disorderly conduct.
Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the public from frequenting those areas. This, in turn,
,contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate
that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
"Loitering" is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of I
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
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Sept. 14, 2021 Item #5 Page 34 of 47
EXHIBIT 3
2. Upon any shopping center or other private property open to the patronage of the public.
B. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open to
the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person's
lawful discharge or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person's safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer's duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively reasonable person standard, in any public
place or any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.0S0(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person's lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person's lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
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Sept. 14, 2021 Item #5 Page 35 of 47
EXHIBIT 3
8.38.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall
not affect the validity of the remaining portions of this chapter or the application of the chapter to
persons or circumstances not similarly situated.
Section 6: That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as follows:
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city. .
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040{A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk cafe or curb cafe that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
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Sept. 14, 2021 Item #5 Page 36 of 47
EXHIBIT 3
EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk's Office shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting ofthe Carlsbad City Council on the __ day
of -----~ 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of ____ _, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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Sept. 14, 2021 Item #5 Page 37 of 47
EXHIBIT 4
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
Purpose.
Definitions.
Unlawful camping.
Fires and cooking on public property.
Storage of personal property in public places.
Severability.
8.36.010 Purpose.
Public place$ streets, public parks, public beaches and other public property within the city should be readily
accessible to residents and the public at large. The use of these areas public places for camping can
interfere with the rights of others to use these afeaS-places for the purposes for which they were intended.
Camping in these places can also endanger the public health and the environment when camping-related
waste is-and human waste are disposed of improperly, particularly in environmentally sensitive areas, such
as native habitat. open spaces, and watercourses. Human presence in open spaces, other than on
designated trails, can also increase the risk of wildfire danger and possible injuries to and from threatened
wildlife. Additionally, camping on private outdoor property without permission of the owner or lessee
interferes with the owner or lessee's property rights and desire to utilize the private outdoor property for
lawful and authorized purposes.
The purpose of this section chapter is to maintain public places streets, public parks, public beaches and
other public and private outdoor property within the city in a clean and accessible condition and to protect
the public health, safety, and environment by ensuring that camping occurs only in those designated areas
where appropriate provisions have been made for handling camping-related waste, food preparation. and
fires.
8.36.020 Definitions.
As used in this chapter:
"Beach" means those areas as defined in Carlsbad Municipal Code Section 11 .32.020.
"Camp" means to use camping implements paraphernalia in an outdoor area or to erect or occupy a camp
facility for living accommodations purposes such as sleeping activities, preparations to sleep
(including the laying down of bedding for the purpose of sleeping), storing personal property or making
a camp fire. These activities constitute camping when it reasonably appears, in light of all the
circumstances, that the participants in these activities, are in fact using the area as a living
accommodation regardless of the intent of the participants or the nature of any other activities in which
they may also be engaging: Camping does not include picnicking, sitting, lying, or sleeping in an
outdoor area or in a camp facility that is not being used for living accommodations purposes. This
definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."7
"Camp facility'' includes means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping.I.
Gf living quarters accommodations purposes, or carrying on cooking activities. "Camp facility" also
includes a camper, motor home, recreational 11ehicle, or other vehicle while parked and being used
for sleeping or living quarters.
"Camping implements" paraphernalia" includes means cots, beds, hammocks, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks. kitchen utensils. cookware. clothing, portable cooking
equipment and similar gear or materials.
Sept. 14, 2021 Item #5 Page 38 of 47
EXHIBIT 4
"City personnel" means the police department and its third-party contractors and any other city employees
or third-party contractors designated by the city manager.
"Highway" means a way or place of whatever nature, publicly maintained and open to public use for
purposes of vehicular travel.
"Open space" means any parcel of land or water which is unimproved and devoted to an open space use,
and which is designated as an Open Space Zone in the Zoning Ordinance (Title21).
"Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
"Parkway" means the area of the street between the back of the curb and the sidewalk that typically is
planted and landscaped.
"Person" is defined as any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity recognized by law as the subject of rights or duties.
"Personal property" includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses:
(ii) Sleeping bag or bed roll which is sanitary and non-verminous:
(iii) Tents in usable and reasonably good condition
(iv) Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled,
or verminous:
(v) Non-perishable food items: and
(vi) Personal property with an estimated individual fair market value of at least $50.
"Public place" means any property in the city owned, leased, licensed, or operated by a public entity that is
accessible to the public, including any of the following: parks, beaches, alleyways, parking lots,
passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space,
sidewalks, curbs, and public educational institutions.
"Shelter" means a structure designed to provide homeless persons and unstably housed individuals with
overnight sleeping accommodations and relief from the elements. The "shelter" may offer meals,
clothing, and supportive and self-sufficiency development services. "Shelter" may include a safe
parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings,
or other delineation, for pedestrian travel.
"Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put in place
or leave in a particular place, whether attended or unattended.
"Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway,
or other public way in the city dedicated and open to public use, or such other public property so
designated by state law.
"Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and
sustained by supports, which is not open on all sides and which hinders an unobstructed view behind
or into the area surrounded by the fabric.
"Unattended personal property" means no person is present with an item or items of personal property who
asserts or claims ownership over the personal property. lndicia of unattended personal property
includes, but is not limited to, the act of leaving the personal property in a public place so that it may
be appropriated by the next comer. Personal property is not considered "unattended" if a person is
present with the personal property and the person claims ownership over the personal property.
8.36.030 Unlawful camping.
A. Public property
Sept. 14, 2021 Item #5 Page 39 of 47
EXHIBIT 4
_1._lt is unlawful for any person to camp between the hours of 6 a.m. and 10 p.m. in or upon any
public street, public park, public beach, or other public propertyplace, except in areas which have
been specifically postedi a-AG-designatedi or permitted for such purposes.
2. Notwithstanding Section 8.36.030{A)(1}, it is unlawful for any person to:
a. Camp or sleep in open space at any time.
b. Camp or sleep at any time and in any location of the city if the person realistically has
access to temporary or permanent shelter where the person can sleep and willfully refuses
such shelter for any reason unrelated to the exercise of a state or federal constitutional
right.
3. It is not the intent of this Section to prohibit lawful protesting, picketing, demonstrating, signature
gathering, voter registration, leafleting, or any other lawful activity.
B. Private property
1. It is unlawful for any person to camp on any private outdoor property without the express written
or verbal permission of the owner or lessee of such property.
2. This subsection is not intended to:
a. Prohibit overnight camping on private residential property by friends or family of the
property owner, so long as the owner consents to the camping activity.
b. Prohibit or make unlawful, activities of an owner of private property or other lawful user of
private property that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes.
c. Prohibit or make unlawful, activities of a property owner or other lawful user if such activities
are expressly authorized by the Zoning Ordinance (Title 21) or other applicable laws,
ordinances and regulations .
C. The city manager or designee may issue a temporary permit to allow camping on public or private
property in connection with special events {Chapter 8.17) or emergency services {Chapter 6.04).
8.36.040 Fires and cooking on public property.
A. It is unlawful for any person to start or maintain any fire in a public place, except in such areas
specifically designated by the city manager or designee for such fires, including stoves, barbecue pits,
and fire rings.
B. It is unlawful for any person to cook food in a public place, except as otherwise allowed by this code
or by license or permit, or except i~ locations specifically designated by the city manager or designee.
8.36.050 Storage of personal property in public places.
A. Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property,
including camp facilities or camping implements, in a public place between the hours of 6 a.m. and 10
p.m ., except as otherwise provided by this code or pursuant to a valid license or permit. This
subsection is not intended to permit storage of personal property where otherwise prohibited by this
code.
B. Property Removal. City personnel may remove and store personal property that is unlawfully stored,
unattended, or otherwise found in an unlawful encampment pursuant to applicable written and publicly
available police department policies and procedures.
C. Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with, resist, delay,
or otherwise obstruct city personnel from moving, removing, impounding, or discarding personal
property pursuant to Section 8.36.0S0{B).
Sept. 14, 2021 Item #5 Page 40 of 47
EXHIBIT 4
8.36.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid
or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the
validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances
not similarly situated.
Sept. 14, 2021 Item #5 Page 41 of 47
EXHIBIT 5
8.28.050 Distribution~--Gf solicitation, or sales to persons in vehicles.
A. Except as permitted by subsection Section 8.28.050(8} of this section, it is unlawful for any person,
while on a public sidewalk or in a public roadway, to distribute.._filtl!,_ or attempt to distribute or sell
materials to, or to solicit, or attempt to solicit business or contributions from, any person who is
traveling in any type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk's office, except:
1. When the public roadway intersects with another public roadway that has a speed limit greater
than 35 miles per hour, in which case distribution or solicitation is· prohibited within 100 feet of
the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B attached
to the ordinance codified in this chapter and found on file in the city clerk's office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at the
quadrant of any intersection where distribution or solicitation is permitted under subsection B of this
sectionSection 8.28.050(8).
Sept. 14, 2021 Item #5 Page 42 of 47
Sections:
8.34.010
8.34.020
8.34.030
8.34.040
8.34.050
8.34.060
8.34.070
Purpose.
Definitions.
Chapter 8.34
SOLICITATION
Aggressive solicitation prohibited.
Solicitation of motor vehicles and in parking lots.
Entering private property for the purpose of sale without permission.
Restriction on hours.
Severability.
8.34.010 Purpose.
EXHIBIT6
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect the
safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing
reasonable time, place, and manner restrictions on solicitation while respecting the constitutional rights of
free speech for all citizens. Motorists have complained of solicitation activity near signaled intersections
and highway ramps, where solicitors have approached their vehicles. This carries an implicit threat to both
person and property. Similarly, the city seeks to prevent threatening and dangerous solicitation in sensitive
areas such as city parking lots or parking structures during the evening hours. Restricting solicitation in
these places will provide a balance between the rights of solicitors and the rights of persons who wish to
decline or avoid solicitations and will help prevent potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and includes,
but .is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza, transportation facility,
school, place of amusement, park, playground, open space, and any doorway, entrance, hallway,
lobby, and other portion of any business establishment, an apartment house, or hotel not constituting
a room or apartment designed for actual residence.
"Solicit, ask or beg" includes using the spoken, written, or printed word, or bodily gestures, signs, or other
means with the purpose of obtaining an immediate donation of money or other thing of value or
soliciting the sale of goods or services. However, passively standing, sitting, or performing music while
holding a sign, with no further conduct or spoken word, except in response to an inquiry, is exempt
from this definition and regulation under this chapter. This chapter is not intended to restrict the
exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an aggressive
manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials, attempting
to distribute materials, approaching or closely following a person(s), after the solicitor or distributor
has been informed by unequivocal or multiple words or conduct that the person does not want to be
solicited, does not want to give money or any other thing of value to the solicitor, or does not want to
receive any materials. All other conduct that may constitute an assault or battery in conjunction with
solicitation, asking, begging, or distribution shall be charged separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
1
Sept. 14, 2021 Item #5 Page 43 of 47
EXHIBIT 6
distributing materials, or attempting to distribute materials while the vehicle is located in any public
place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials. or attempt to distribute materials in
any public parking lot or parking structure any time after dark. "After dark" means any time from one-
half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(8) shall not apply to any of the following:
1. Solicitations related to business which is being conducted on the subject premises by the owner
or lawful tenants:
2. Solicitations related to the lawful towing of a vehicle: or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection may be
charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the occupant
of such property has given notice or warned such persons to keep away. A sign posted by the occupant of
the property, with the words "no solicitors." "no peddlers," or other similar words. at or near the front door
or primary entrance to a residential structure on private property, shall constitute sufficient notice or warning
pursuant to this section. For any property used for a purpose other than a residential use, such notice may
be posted at each public entrance to any structure on the property in any conspicuous location on the
property. in such a manner so as to provide reasonable notice of the restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling.
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m .• except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid
or unconstitutional by a final decision of a court of competent jurisdiction. the decision shall not affect the
validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances
not similarly situated.
2
Sept. 14, 2021 · item #5 Page 44 of 47
Sections:
8.38.010
8.38.020
8.38.030
EXHIBIT7
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Purpose.
Definitions.
Unlawful obstruction of property.
8.38.040 Trespass on parking lots, shopping center property, and other private property
8.38.050
8.38.060
open to the patronage of the public.
Disorderly conduct.
Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the public
in an orderly and accessible condition to protect public health, safety, and welfare. The obstruction of or
trespass upon these areas can interfere with the rights of others to use these areas for the purposes for
which they were intended. Pedestrians, the elderly, disabled, and vision-impaired are put at increased risk
when they must see and navigate around individuals sitting or lying upon a public walkway or otherwise
obstructing public access. In some circumstances, people sitting or lying on public walkways deter
members of the public from frequenting those areas. This, in turn, contributes to an erosion of the
essential economic viability of those areas. Business failures and relocations can cause vacant
storefronts, contributing to deterioration and blight, which harms the public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate that
need while also satisfying the needs of the general public to travel freely and safely throughout the city.
The limited regulation of obstruction or trespass on public property or private property open to the
patronage of the public is reasonably necessary and appropriately balances the public interest and
individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to this
chapter. Additionally, as used in this chapter:
"Loitering" is defined as delaying or lingering in any one place without a lawful purpose under circumstances
that would warrant a reasonable person to believe that the purpose or effect is to commit a crime or
to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain, or
leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet be
present at the location in question, or in any manner that impedes passage in contravention of federal
or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area, highway,
or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
Sept. 14, 2021 Item #5 Page 45 of 47
EXHIBIT7
B. It is unlawful for any person, object or possession to partially or completely block, obstruct, prevent,
or otherwise hinder the free access to the entrance to any building open to the public, whether or not
other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property or any other private property open to the patronage of the public,
without visible or lawful business with the owner or occupant or without the written permission of the
owner, the person entitled to immediate possession or the authorized agent of either. This section does
not apply to a public officer or employee acting within the course and scope of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another person
annoyance, alarm, or disturbance, or with the intent to interfere with another person's lawful discharge
or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person's safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public place
or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace; or
4. Encouraging by words or conduct, disobedience to any lawful order, or request of any law
enforcement officer pursuant to and in the performance of the officer's duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive conduct
or behavior, as measured by an objectively reasonable person standard, in any public place or
any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person's lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in any
place open to the patronage of the public, when the purpose of congregating is, by words, acts, or
conduct generally offensive to the community, to annoy, disturb, or interfere with another person's
lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere with or annoy
another person lawfully at the place.
8.38.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid
or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the
validity of the remaining portions of this chapter or the application of the chapter to persons or
circumstances not similarly situated.
Sept. 14, 2021 Item #5 Page 46 of 47
EXHIBIT 8
8.44.040 Consuming or possessing an open container of jfil_alcoholic beverages in certain
public places and public parks owned by the city prohibited.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that
has been opened, or a seal broken, or the contents of which have been partially removed, nor shall
any person consume any alcoholic beverage in any city-owned public places-aAEI-or city-owned park
identified in this section as:
1. Any public street, sidewalk, alley, highwayJ.-Gf public parking lot or public open space owned by,
leased to, licensed to, or operated by the city in the Gity'.s V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent to
the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown parks)
of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by Washington
Street, bordered to the east by the west alley of State Street immediately east of the Atchison,
Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad Village Drive and
bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction: unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
~Any of the prohibitions set forth in this section may be waived E11:1ring a special event when a special
event permit or a park and facility use permit requesting a waiver has been granted by the city
manager or designee.
GQ. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk cafe or curb cafe that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
Qf. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
Sept. 14, 2021 Item #5 Page 47 of 47
All l\eceive -Agenda Item # Ji..
FQr the Information of the:
~P11' COUNCIL
bate'!-o3PI-CA LCC _JL
CM .JL. ACM.!(_ DCM (3) _L,
Sept. 13, 2021
Council Memorandum
To: Honorable Mayor Hall and Members o
From: Marissa Kawecki, Deputy City Attorn
Via: Scott Chadwick, City Manager
{city of
Carlsbad
Re: Additional Materials Related to Staff Report Item No. 5 -Ordinance to Amend Title 8 of
the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces (Districts.:....AII}
This memorandum provides an update concerning an inadvertent error in the language of
proposed new Chapter 8.38, subsection 8.38.030(A). The following language was included only in
subsection 8.38.030(A)(2) but was intended to apply to both subsections 8.38.030(A)(l) and
(A)(2):
in any manner that partially or completely blocks, obstructs, prevents, or otherwise
hinders the free movement of people who may or may not yet be present at the location
in question, or in any manner that impedes passage in contravention of federal or state
disability access laws.
The revised subsection 8.38.030(A) reads as follows and has been revised in the Attachments:
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where
a sign or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep,
maintain, or leave any objects, possessions, or structures in any manner that partially or
completely blocks, obstructs, prevents, or otherwise hinders the free movement of people
who may or may not yet be present at the location in question, or in any manner that impedes
passage in contravention of federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
The staff report is unaffected by this inadvertent error; no changes have been made to its
content.
Office of the City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA ZIP 92008 I 760-434-2891 t
Council Memo_-Additional Materials related to Staff Report Item No. 5
Sept. 13, 2021
Page 2
Attachment: A. Proposed Ordinance for Introduction {AS AMENDED)
B. Version of new Chapter 8.38 showing revisions {AS AMENDED)
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Mickey Williams, Police Chief
Matt Magro, Ass_istant Police Chief
Kevin Lehan, Police Lieutenant
Mandy Mills, Housing and Homeless Services Director
Holly Nelson, Senior Program Manager
ORDINANCE NO. _ __..._ __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
. AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTERS 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
EXHIBIT A
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusual punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin· v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinan.ce could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an i11terest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
1
EXHIBIT A
WHEREAS, as to proposed Chapter 8.34 entitled "Solicitation," this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members'
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1.
Section 2.
follows:
The above recitations are true and correct.
That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
Purpose.
Definitions.
Unlawful camping.
Fires and cooking on public property.
Storage of personal property in public places.
Severability.
2
EXHIBIT A
8.36.010 Purpose.
Public places within the city should be readily accessible to residents and the public at large. The use
of public places for camping can interfere with the rights of others to use these places for the purposes
for which they were intended. Camping in these places can also endanger the public health and the
environment when camping-related waste and human waste are disposed of improperly, particularly
in environmentally sensitive areas, such as native habitat, open spaces and watercourses. Human
presence in open spaces, other than on designated trails, can also increase the risk of wildfire danger
and possible injuries to and from threatened wildlife. Additionally, camping on private outdoor
property without permission of the owner or lessee interferes with the owner or lessee's property
rights and desire to utilize the private outdoor property for lawful and authorized purposes.
The purpose of this chapter is to maintain public places and private outdoor property within the city in
a clean and accessible condition and to protectthe public health, safety, and environment by ensuring
that camping occurs only in those designated areas where appropriate provisions have been made for
handling camping-related waste, food preparation, and fires.
8.36.020 Definitions.
As used in this chapter:
"Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020.
"Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility for
living accommodations purposes such as sleeping activities, preparations to sleep (including the
laying down of bedding for the purpose of sleeping), storing personal property, or making a camp
fire. These activities constitute camping when it reasonably appears, in light of all the
circumstances, that the participants in these activities are in fact using the area as a living
accommodation regardless of the intent of the participants or the nature of any other activities in
which they may also be engaging. Camping does not include picnicking, sitting, lying, or sleeping
in an outdoor area or in a camp facility that is not being used for living accommodations purposes.
This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."
"Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
"Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel" means the police department and its third-party contractors and any other city
employees or third-party contractors designated by the city manager.
"Highway" means a way or place of whatever nature, publicly maintained and open to public use for
purposes of vehicular travel.
"Open space" means any parcel of land or water which is unimproved and devoted to an open space
use, and which is designated as an Open Space Zone in the Zoning Ordinance (Title21).
"Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
· "Parkway" means the area of the street between the back of the curb and the sidewalk that typically
is planted and landscaped.
"Person" is defined as any natural person, firm, association, business, trust, organization, corporation,
partnership, company, or any other entity recognized by law as the subject of rights or duties.
3
EXHIBIT A
"Personal property" includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good con.dition
(iv) Clothes stored in a manner protecting them from the· elements, which are not unsanitary,
soiled, or verminous;
(v) Non-perishable food items; and
(vi) Personal property with an estimated individual fair market value of at least $50.
"Public place" means any property in the city owned, leased, licensed, or operated by a public entity
that is accessible to the public, including any of the following: parks, beaches, alleyways, parking
lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space,
sidewalks, curbs, and public educational institutions.
"Shelter" means a struc:ture designed to provide homeless persons and unstably housed individuals
with overnight sleeping accommodations and relief from the elements. The "shelter" may offer
meals, clothirrn, and supportive and _self-sufficiency development services. "Shelter" may include
a safe parking lot owned, leased, or operated by the city, another public ·entity, or a non-profit
entity.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers,
markings, or other delineation, for pedestrian travel.
"Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put in
place or leave in a particular place, whether attended or unattended.
"Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb,
bikeway, or other public way in the city dedicated and open to public use, or such other public
property so designated _by state law.
"Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and
sustained by supports, which is not open on all sides and which hinders an unobstructed view
behind or into the area surrounded by the fabric.
"Unattended personal property" means no person is present with an item or items of personal property
who asserts or claims ownership over the personal property. lndicia of unattended personal
property includes, but is not limited to, the act of leaving the personal property in a public place
so that it may be appropriated by the next comer. Personal property is not considered
"unattended" if a person is present with the personal property and the person claims ownership
over the personal property.
8.36.030 Unlawful camping.
A. Public property
· 1. It is unlawful for any person to camp between the hours of 6 a.m. and 10 p.m. in or upon any
public street, public park, public beach, or other public place, except in areas which have
been specifically posted, designated, or permitted for such purposes.
2. Notwithstanding Section 8.36.030(A)(l), it is unlawful for any person to:
a. Camp or sleep in open space at any time.
4
EXHIBIT A
b. Camp or sleep at any time and in any location of the city if t he person realistically has
access to temporary or permanent shelter where the person can sleep and willfully
refuses such shelter for any reason unrelated to the exercise of a state or federal
constitutional right.
3. It is not the intent of this Section to prohibit lawful protesting, picketing, demonstrating,
signature gathering, voter registration, leafleting, or any other lawful activity.
B. Private property
1. It is unlawful for any person to camp on any private outdoor property without the express
written or verbal permission of the owner or lessee of such property.
2. This subsection is not intended to:
a. Prohibit overnight camping on privat~. residential prop~rty by friends or family of the
property owner, so long as the owner consents to the camping activity.
b. Prohibit or make unlawful, activities of an owner of private property or other lawful user
of private property that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes.
c. Prohibit or make unlawful, activities of a property owner or other lawful user if such
activities are expressly authorized by the Zoning Ordinance (Title 21) or other applicable
laws, ordinances and regulations.
C. The city manager or designee may issue a temporary permit to allow camping on public or private
property in connection with special events (Chapter 8.17} or emergency.services (Chapter 6.04).
8.36.040 Fires and cooking on public property.
A. It is unlawful for any person to start or maintain any fire in a public place, except in such areas
specifically designated by the city manager or designee for such fires, including stoves, barbecue
pits, and fire rings.
B. It is unlawful for any person to cook food in a public place, except as otherwise allowed by this
code or by license or permit, or except in locations specifically designated by the city manager or
designee.
8.36.050 Stora,ge of personal property in public places.
A. Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property,
including camp facilities or camping implements,, in a public place between the hours of 6 a.m.
and 10 p.m., except as otherwise provided by this code or pursuant to a valid license or permit.
This subsection is not intended to permit storage of personal property where otherwise prohibited
by this code.
B. Property Removal. City personnel may remove and store personal property that is unlawfully
stored, unattended, or otherwise found in an unlawful encampment pursuant to applicable
written and publicly available police department policies and procedures.
C. Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with, resist,
delay, or otherwise obstruct city personnel from moving, removing, impounding, or discarding
personal property pursuant to Section 8.36.0S0(B).
5
e---------------------------··-------
EXHIBIT A
8.36.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a· court of competent jurisdiction, the decision shall not
affect the validity of the remaining portions of this chapter or the application of the chapter to persons
or circumstances not similarly situated.
Section 3:
follows:
That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. • Except as permitted by Section 8.28.050(B), it is unlawful for any person, while on a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk's office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B
attached to th_e ordinance codified in this chapter and found on file in the city clerk's office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.0S0(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
Sections:
8.34.010
8.34.020
8.34.030
8.34.040
8.34.050
8.34.060
Purpose.
Definitions.
Chapter 8.34
SOLICITATION
Aggressive solicitation prohibited.
Solicitation of motor vehicles and in parking lots.
Entering private property for the purpose of sale without permission.
Restriction on hours.
6
EXHIBIT A
8.34.070 Severability.
8.34.010 Purpose.
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, -and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, ask_ing, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
7
EXHIBIT A
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials iii any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:
1. Solicitations related to business which is being conduct~d on the subject premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words ''.no solicitors," "no peddlers," or other similar words, at or
near, the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to al'.ly structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 Severability.
If any portion of this chapter, or its application ~o particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not
affect the Vc)lidity of the remaining portions of this chapter or the application of the chapter to persons
or circumstances not similarly situated.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
8
Purpose.
Definitions.
Unlawful obstruction of property.
EXHIBIT A
Sections:
8.38.010
8.38.020
8.38.030
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050
8.38.060
Disorderly conduct.
Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the· public from frequenting those areas. This, in turn,
contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep, and desires to accommodate ( that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
"Loitering" is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
9
EXHIBIT A
2. Upon any shopping center or other private property open to the patronage of the public.
B. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other ·private property open to
the patronage of the. public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or ·occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person's
lawful discharge or pursuit of any lawful business or occupatic;,n:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person's safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3.. Uttering or using within the hearing of another pE!rson any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer's duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively re.asonable person standard, in any public
place or any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.0S0(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person's lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person's lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
10
EXHIBIT A
8.38.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall
not affect the validity of the remaining portions of this chapter or the application of the chapter to
persons or circumstances not similarly.situated.
Section 6: That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as follows:
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by,--leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk cafe or curb cafe that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
11
EXHIBIT A
EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk's Office shall certify the adoption of this ordinance and cause it to be published at least
once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the __ day
of 2021, and thereafter -----~
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of ____ ~ 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
12
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sections:
8.38.010
8.38.020
8.38.030
EXHIBIT B
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Purpose.
Definitions.
Unlawful obstruction of property.
8.38.040 Trespass on parking lots, shopping center property, and other private property
8.38.050
8.38.060
8.38.010
open to the patronage of the public.
Disorderly conduct.
Severability.
Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the public
in an orderly and accessible condition to protect public health, safety, and welfare. The obstruction of or
trespass upon these areas can interfere with the rights of others to use these areas for the purposes for
which they were intended. Pedestrians, the elderly, disabled, and vision-impaired are put at increased risk
when they must see and navigate around individuals sitting or lying upon a public walkway or otherwise
obstructing public access. In some circumstances, people sitting or lying on public walkways deter
members of the public from frequenting those areas. This, in turn, contributes to an erosion of the
essential economic viability of those areas. Business failures and relocations can cause vacant
. storefronts, contributing to deterioration and blight, which harms the public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate that
need while also satisfying the needs of the general public to travel freely and safely throughout the city.
The limited regulation of obstruction or trespass on public property or private property open to the
patronage of the public is reasonably necessary and appropriately balances the public interest and
individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to this
chapter. Additionally, as used in this chapter:
"Loitering" is defined as delaying or lingering in any one place without a lawful purpose under circumstances
that would warrant a reasonable person to believe that the purpose or effect is to commit a crime or
to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to loiter, stand, sit lie, sleep, maintain, or
leave any objects, possessions. or structures in any manner that partially or completely blocks,
. obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet be
present at the location in question, or in any manner that impedes passage in contravention of federal
or state disability access laws, either:
1. Upon any public sidewalk, street curb, parkway, crosswalk, walkway or pathway area, highway,
or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
--------------------.. -. - -
, EXHIBIT B
8. It is unlawful for any person, object or possession to partially or completely block, obstruct, prevent,
or otherwise hinder the free access to the entrance to any building open to the public, whether or not
other persons are present at the location in question.
8.38.040 Trespass on parking lots,-shopping center property, and other private property open
to the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property or any other private property open to the patronage of the public.
without visible or lawful business with the owner or occupant or without the written permission of the
owner, the person entitled to immediate possession or the authorized agent of either. This section does
not apply to a public officer or employee acting within the course and scope of employment.
8.38.050 Disorderly conduct.
A It is unlawful for a person to commit any of the following acts with the intent to cause another person
annoyance, alarm, or disturbance, or with the intent to interfere with another person's lawful discharge
or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person's safety: or
2. Using language that a reasonable person would consider offensive, lewd. vulgar. profane,
threatening, abusive, or insulting, within the hearing range of another person in any public place
or any place open to the patronage of the public: or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions. or remarks, either intended to or likely to incite or create a breach of the peace: or
4. Encouraging by words or conduct, disobedience to any lawful order, or request of any law
enforcement officer pursuant to and in the performance of the officer's duties: or
5. Making or participating in making any unreasonably loud noise or engaging in offensive conduct
or behavior, as measured by an objectively reasonable person standard. in any public place or
any place open to the patronage of the public.
8. It is unlawful for a person to commit any of the acts specified in Section 8,38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person's lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in any
place open to the patronage of the public. when the purpose of congregating is, by words. acts, or
conduct generally offensive to the community, to annoy, disturb, or interfere with another person's
lawful discharge or pursuit of a lawful business or occupation. or to maliciously interfere with or annoy
another person lawfully at the place.
8.38.060 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid
or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the
validity of the remaining portions of this chapter or the application of the chapter to persons or
circumstances not similarly situated.
All Receive -Agenda Item# .::S:..
For the Information of the:
Tammy Cloud-McMinn
CITY COUNCIL
Date 9/ILf/,?-} CA _.....-c-c ,/
CM L',A.CM __L'DCM (3).::::::
From: Greg Anglea <ganglea@interfaithservices.org>
Tuesday, September 14, 2021 9:38 AM Sent:
To: City Clerk
Subject: Concerns Regarding Agenda Item #5: Quality of Life Concerns Related to Homelessness
and Public Spaces
Dear Honorable Mayor and Councilmembers,
Interfaith Community Services appreciates the balanced approach the City of Carlsbad brings to address
homelessness. The City is to be commended for its investments and commitments to tackling one of the most complex
and challenging problems of our time. We do though have concerns with proposed Ordinance to Amend Title 8 of the
Carlsbad Municipal Code.
Everyone should be held accountable for their actions, and all people expected to abide by the rule of law. However,
when the rule of law is changed in ways that staff themselves identify will disproportionately impact unsheltered
Carlsbad residents, without commensurate resources to help unsheltered Carlsbad residents seeking help, that is not a
balanced approach.
It should be understand that while these changes are being considered, there remains no shelter resources for women
or children within the City of Carlsbad, and that the lone shelter for men is full. For those who would be negatively
impacted by the proposed changes, there is nowhere tonight or today for them to go otherwise.
Last year at the height of COVID, Interfaith and the City of Carlsbad partnered on a truly balanced approach, opening an
emergency hotel shelter for medically fragile unsheltered people:
• 59 people were helped off the streets of Carlsbad and into shelter at a Carlsbad hotel
• Before becoming homeless, 85% (SO of 59) lived in Carlsbad. They were and they remain our neighbors.
• Interfaith staff supported the motel shelter residents 7 days a week, completing comprehensive assessments for
housing, mental health, and physical health needs
• With 24/7 site security, three meals delivered daily, and onsite public health nurses, the Carlsbad motel voucher
program was a resounding success
• 66% -39 individuals -successfully connected to stable housing and supportive services -all amid worldwide
pandemic and shutdown
Earlier this year Council approved funding and a practical plan to replicate our successful balanced approach to create
critically needed hotel shelter, but unfortunately those resources have yet to come to reality.
Interfaith fully supports a balanced approach that works for and respects the dignity of all Carlsbad residents. However,
until previously council-approved needed shelter resources are brought online, until there are alternative options for
our unsheltered citizens, creation of ordinances which staff acknowledge will disproportionately impact unsheltered
Carlsbad residents is not balanced.
Please devote as much attention to ensuring the helping resources you have approved previously are implemented now,
before you create new ordinances which will disproportionately harm those you are seeking to help.
Interfaith remains and will always be here to partner with the City and all residents of Carlsbad to address homelessness,
to mitigate the negative impact of homelessness, and to help people struggling on our streets to realize their best
potential and live safe and healthy lives.
1
Thank you for your consideration.
In partnership,
Greg Anglea I Chief Executive Officer I Co hn Fa mily CEO Chair
Office 760.489.6380 I Ext. 230 I Cell 858.336.4526
Interfaith Community Services I 550 W. Washington Ave., I Escondido, CA 92025
ganglea@interfaithservices.org I www.interfaithservices.org
ml e!J EI B r.. 'CHARITY
, .. NAVIGATOR
--**** I foll• 5mr Otarll)'
CONFIDENTIALITY NOTICE: This email, including attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged
information. Any unauthorized review, use, disclosure, or distribution is prohibited. ff you are not the intended recipient, please contact the sender immediately and
destroy all copies of the original message.
CONFIDENTIALITY NOTICE: This email, including attachments, is for the sole use of the intended recipient(s) and may
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you are not the intended recipient, please contact the sender immediately and destroy all copies of the original
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2
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
City Clerk,
Teri Jacobs <tjacobs86@pacbell.net>
Sunday, September 12, 2021 6:54 PM
City Clerk
Fwd: Homeless
Please attach the following email and photos to Agenda Item #5.
Thank you,
Teri Jacobs
Sent from my iPad
Begin forwarded message:
From: Teri Jacobs <tjacobs86@pacbell.net>
Date: September 12, 2021 at 6:50:35 PM PDT
To: Council <council@carlsbadca.gov>
Subject: Homeless
Mayor and Council,
/
All Receive -Agenda Item # -5
For the Information of the:
CITY COUNCIL
Date9llJ}';/ CA Y CC v
CM .r ACM _,, DCM (3) ✓ ---
Below are photos taken in and around The Village over the last couple of months. Some as recent as last
week. These are just a few ... l have many more. I have read the 47 page staff report pertaining to Agenda
Item 5. In case you aren't aware of what we tax paying citizens are encountering on a daily basis, these
photos will hopefully enlighten you.
Do the right thing ... we are better than this!
Regards,
Teri Jacobs
1
2
8
22
26
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
brendel4776@gmail.com
Monday, September 13, 2021 8:02 AM
City Clerk
Support of Ordinance Amending Title 8
Mayor and City Council Members
We are in total support of:
Amending Ordinance of Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces.
Sincerely,
Steve and Cathy Brendel
721 Grand Avenue
Carlsbad, CA
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Mayor and City Council Members:
gregory patton <gregpattonlaw@gmail.com>
Monday, September 13, 2021 8:50 AM
City Clerk
Support of Ordinance Amending Title 8
We are in total support of Amending Ordinance ofTitle 8 of the Carlsbad Municipal Code to Address Quality of Life
Concerns Related to Homelessness and Public Spaces.
Sincerely, Greg Patton
3441 Glen Ave ., Carlsbad 92001
Gregory A. Patton, Esq.
714-206-6790 (cell)
*Licensed to practice law in California and Arizona
www.pattonmosier.com
CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
>
Mark Lewis <marklewistrombone@gmail.com>
Monday, September 13, 2021 9:20 AM
City Clerk
Support of Ordinance Amending Title 8
> Mayor and City Council Members
>
> I am in total support of:
>
All l\eceive • Agenda Item # :S:_
Forthe Information of the:
CITY COUNCIL
Datr;8 /t3h.l CA .v---CC ✓
CM L,ACM _::::.. DCM (3) _::::_
> Amending Ordinance of Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces.
>
> Sincerely,
> Mark Lewis
> 4 784 Beachwood Ct
> Carlsbad, CA
>
>
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Jan Lewis <jlewiscbad@gmail.com>
Monday, September 13, 2021 9:50 AM
City Clerk
Amending Ordinance of Title 8 of the Carlsbad Municipal Code
> Mayor and City Council Members
>
> I am in total support of:
>
> Amending Ordinance of Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces.
>
> Sincerely,
Jan Lewis
4784 Beachwood Ct.
Carlsbad 92008
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Carl Pope <seatp3@gmail.com>
Monday, September 13, 2021 1 :10 PM
City Clerk
City Council Agenda Item #5 on 9/14/2021
In the interest of fairness and consistency, I am asking the
Council to direct staff, including the Police Department, to
enforce the 8.38.030 measures regarding blocking or
partially blocking sidewalks, etc. to include RVs and/or
other vehicles which extend stairs, mats, canopies, etc.
onto the public sidewalk for their private personal use.
This is especially a problem at times on the west side of
Carlsbad Blvd. between the jetties. I have seen these
obstructions extend a third of the way or more into the
sidewalk during times of heavy use and feel it is only fair
and just to enforce all occurrences of violation.
Thankyou, Carl Pope
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Attachments:
Dear City Clerk,
Lennie A <lenarkans@gmail.com>
Tuesday, September 14, 2021 6:37 AM
City Clerk
Agenda Item #5
Sept.14 2021 CCC QOL ordinances.docx
Please submit my letter regarding item #5.
Thank you,
1
All Receive -Agenda Item # .:;;
For the I nfor'mation of the:
<;:IT'( COUNCIL
Date9l/tfl'J.I CA VCC ✓
CM ~ACM _:::::l>CM (3) _::::_
September 14, 2021
Letter to Carlsbad City Council Members: Mayor Matt Hall, Mayor Pro Tern Blackburn, Representatives
Dr. Priya Bhat Patel, Teresa Acosta and Peder Norby.
VOTE YES, AND PASS THE ORDINACE To Amend Title 8, HEAR our Carlsbad Police Department who want
to serve and Protect their Citizens of Carlsbad and improve our quality of life for both the homeless and
their residents!
Everyone on this council has experience in business, public health, and serving and protecting the
community.
Mayor Protem Blackburn, you worked as an officer for the Carlsba~ Police Department (CPD) for
decades so you should understand and support our CPD ordinances, and Dr. Patel, your PhD is in Public
Health so you too, should whole-heartedly support the amended ordinances ... So my concerns are:
Council, why during your service to our community are we facing a public health, safety, and
environmental liabilities? Every day, we see human waste on the streets of downtown Carlsbad, the
mentally ill and the addicted loitering or passed out on public property, and according to CPD an
increase in crimes mostly throughout Dl-D2 and D3 and all recorded during your tenor as
representatives for Carlsbad.
Quoting the CPD Reports: "Environmental legal issues are also of increasing concern as open space areas
and watercourses become polluted from unlawful campsites, litter and human waste. Various regional
water quality control boards throughout the state have collaborated with local and state agencies and
non-profit entities to identify and promote solutions that reduce water quality impacts associated with
people experiencing homelessness. The local Regional Water Quality Control Board has the authority
under a regional permit to cite the city for any pollutants or other illegal discharges in the city's
stormwater systems. Such discharges constitute a violation of the federal Clean Water Act, regardless of
the pollutants' origin or cause. The city may face substantial liability in such actions, including civil
penalties of up to $25,000 per day, revocation of its regional permit and even criminal liability for
negligent or knowing."
Our CPD is providing the council solutions, clarity, and foresight to the potential legal lawsuits from the
local Regional Water Quality Control Board. Help the police department answer their citizens who call
for protection daily, and you can help them improve our quality of life, safety, and concerns. PLEASE
READ THE ORDINANCE SUBMITTED! Fund the police department with adequate funding and support
their efforts to protect and serve and halt all future hiring of all city employees related to the homeless.
The millions of dollars used to hire city employees to help the homeless find shelter, has not shown
success in reaching any goals in the past 3 years, but has only made Carlsbad a magnate for the
homeless and has only made the situations worse!
Now it's your turn to Listen to the People, pass the ordinances the Police Department is proposing and
allow them their purpose and dignity to perform their duties! Do the right and obvious, vote yes to the
Title 8 amendments as soon as possible!!!
Tammy Cloud.:McMinn
From:
Sent:
To:
Subject:
City Clerk Office,
Teri Jacobs <tjacobs86@pacbell.net>
Tuesday, September 14, 2021 8:24 AM
City Clerk
Agenda Item #5
Please submit for Agenda Item #5
Mayor Hall, Council, and City Staff,
Thank you to staff for preparing proposed ordinances addressing quality of life issues pertaining to
homelessness. It is quite obvious what the effects of the homeless population are having on citizens, tourists,
and businesses. Carlsbad is a city of compassionate individuals but there needs to be ordinances in place to
protect citizens and to maintain clean public spaces (parks, trails, benches, beaches, lagoons, streets, etc.).
It is disheartening to walk around The Village and see encampments, trash, human waste, drug paraphernalia,
shopping carts, bicycle parts, styrofo~m containers and plastic bags, etc. The areas where they congregate
become littered with these items yet we as a city can't seem to keep up with the cleaning and sanitation of
these spaces. What are best practice cleaning solutions to address areas not intended for human habitation.
What protocols are in place? Are we safe in knowing that children can run through our parks? Is it safe to sit
on a bench in the Village? How many potential diseases are being spread?
All of you should have received the photos that I sent. These are real humans, real situations. Mr. Chadwick
and Ms. Cobian thank you for reaching out and listening to my concerns.
CPD and HOT are to be commended for their work and these ordinances will give them additional tools to help
citizens of Carlsbad feel safe.
Council, we need to get Carlsbad cle.aned up. This is YOUR city,'this is happening under YOUR watch. We are
better than this ... do the right thing.
Regards,
Teri Jacobs
Sent from my iPad
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Attachments:
Dear City Clerk,
kelly.leberthon 12@gmail.com
Tuesday, September 14, 2021 9:01 AM
City Clerk
Sept 14 mtg Agenda Item 5
Sep 14 mtg Agenda Item 5.docx
Please submit my letter regarding item #5.
Thank you,
Kelly Le Berthon
Carlsbad resident
CAUTION: Do not open attachments or click on links unless nize the sender and know the content i
safe.
1
Comments for Sept 14 Council Mtg -Agenda Item 5 -ORDINANCE To AMEND TILE 8 oF THE
CARLSBAD MUNICIPAL CODE TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO HOMELESSNESS AND PUBLIC
SPACES -Introduction of an ordinance amending Title 8 of the Carlsbad Municipal Code by amending Chapter 8.36 and
Sections 8.28.050 and 8.44.040 and by adding Chapters 8.34 and 8.38 to address quality of life concerns. (Staff contact:
Marissa Kawecki, City Attorney Department and Matt Magro, Police Department) City Manager's Recommendation:
Introduce the ordinance
Thank you, City Attorney, Csbd Police, homeless Cte and other city staff for working together to
produce language to amend Title 8 of The Csbd Municipal Code to address safety and quality of life
issues in the Carlsbad community.
Thank you for listening to the citizens in the town hall meetings and the C(?Uncil meetings. This is a
great step forward to address the unsafe and unclean public and private spaces in our town.
Even big cities like Los Angeles, long mired in drug and crime riddled homeless encampments, are
passing new ordinances to ban the encampments. https://californiaglobe.com/articles/la-city-
council-gives-final-approval-for-homeless-encampment-ban-ordinance/ " ... proponents have
praised the ordinance, with many noting that the unchecked homeless population has damaged
and destroyed many places where large encampments were built, including in Echo Park where the
homeless were expelled in a massive sweep in April." which " ... yielded 35 tons of trash, 723 pounds of
biological waste, and thousands of hypodermic needles" https://www.washingtonexaminer.com/news/la-
hom eless-ca m p-c lea nu p-tons-trash-biol ogi ca 1-
waste? utm source=Examiner%20Today 05/12/2021 &utm medium=email&utm campaign=WEX Exa
miner%20Tod0y&rid=24847291
Another neighbor to our north, Venice Beach, shares some of the characteristics of Carlsbad and is
also going on offense in addressing the homeless crisis there. The article states: "Venice Beach, then,
faces not a displaced-persons problem but a transient problem: Owing to its nice weather, well-
meaning volunteers who give out food and clothing, and Los Angeles's lax approach to
encampments, addicts and other lost souls are drawn there from around the country."
https://www.city-journal.org/venice-beach-homelessness-crisis
Carlsbad can blaze a trail of leadership to our local communities, in not only making our town safer,
cleaner, and more prosperous, but we can demonstrate true compassion for homeless individuals by
collaborating as a community to raise them up out of addiction, poverty, the prison of mental health
breakdowns and get them the help they need to live purposeful, productive and joy filled lives.
I wholeheartedly encourage the City Council to adopt this new language and begin this process of
successfully addressing the dangers of encampments. We not only will have a cleaner Carlsbad, but
a safer, more prosperous Carlsbad with more opportunities for our visitors, small businesses and
citizens.
Kelly Le Berthon
Carlsbad resident