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Fremont, California Enacts Strict Anti-Homeless Encampment Ordinance

In response to the escalating homelessness crisis, the Fremont City Council has overwhelmingly approved a stringent ordinance prohibiting camping on public and high-fire-risk properties. The 6-1 vote establishes a new law that bans camping on streets, sidewalks, parks, open spaces, waterways, and private property not designated for camping.

The ordinance aims to maintain the cleanliness, sanitation, and accessibility of public and private areas while safeguarding the community's health, safety, and overall well-being. It acknowledges that camping associated with specific events can be beneficial under controlled conditions but emphasizes that unauthorized camping and storage of personal belongings impede public access and pose health and safety risks.

A person experiencing homelessness sleeps on a sidewalk in Los Angeles.

The legislation designates "causing" or "aiding" homeless encampments as a misdemeanor offense, carrying a potential $1,000 fine or up to six months in jail. Temporary seizure of personal property is also a possibility. While the city is required to provide violators with information about housing support, it is not obligated to offer housing.

Tent and debris from a homeless encampment in Los Angeles

This ordinance, slated to take effect approximately one month after its Tuesday passage, follows a 2024 U.S. Supreme Court ruling upholding anti-camping laws used to prevent individuals from sleeping in public parks. It also comes on the heels of California Governor Gavin Newsom's executive order to dismantle homeless encampments statewide. The governor's directive mandates state agencies to address hazardous encampments while providing support and assistance to those residing within them, offering similar guidance to cities and counties.

California Governor Gavin Newsom and people experiencing homelessness