Camping Enforcement Plan

With the dismissal of the Boyd lawsuit, the City is focusing its urgent attention to addressing the significantly deteriorated conditions throughout the Mahon Creek Path Area encampment, including Anderson Drive.

In addition to the ongoing structure enforcement activities the City has taken in recent weeks, the City is now engaged in a multi-week effort to bring the Mahon Creek Path and surrounding areas into compliance with the current camping ordinance.

The City’s approach to enforcement is described below in four phases:

Phase One: Menzies Parking Lot Enforcement (Week of August 12)
In July 2023, the City Manager issued an Administrative Order temporarily prohibiting camping in or on the non-Open Space portions of the Falkirk Cultural Center and Menzies Parking Lot. This notice was extended in perpetuity on October 2, 2023.

On Tuesday, August 13, 2024, the City Manager lifted the Administrative Order prohibiting camping on the non-open space portions of the Menzies Parking Lot only. With that Order lifted, the City’s Camping Ordinance is now in effect for this property. The Camping Ordinance prohibits camping within 250 feet of a school and the Menzies property is within 250 feet of Marin Academy. Given this, the City issued a three-business day notice to the remaining individuals camping at the Menzies Property requiring them to move off of the property. The City will seek to fully restore the property to its original intended purpose by Monday, August 19.

Meanwhile, camping on the Falkirk Cultural Center Property remains prohibited by the Administrative Order.

Phase Two: Restoration of Emergency Vehicle Access on Mahon Creek Path (Week of August 12)

The City is currently noticing all individuals who are currently obstructing the Mahon Creek Path and blocking emergency vehicle access.

The City will seek voluntary compliance from individuals, however the City will need to deploy additional resources and waste hauling contractors to haul away a significant number of materials, waste, and other refuse to restore emergency vehicle access. These individuals will need to then comply with the Camping Ordinance by Monday, August 19.

Phase Three: Campsite Size and Private Property Line Setback Compliance (Week of August 19th)

Following the cleanup and compliance efforts of the first two phases, the City will then begin to enforce the regulations where violations occur of the Camping Ordinance’s campsite size maximums and setback requirements, most notably the 250 feet from schools, and the 10-foot setback from private property lines and other campsites.

Phase Four: Camping Ordinance Compliance Check (Weeks of August 26 and September 2, and ongoing)

Following the first three phases of this effort, the City will assess the entire Mahon Creek Path Area encampment, as well as all other camp sites in the City, and begin enforcing sites that have fallen out of compliance with the Camping Ordinance. This process will continue on an ongoing basis to ensure full compliance with the City’s regulations.

Enforcement activities will be conducted in compliance with SRMC 19.50.050. This means that the City will provide written notices to individuals, providing 72-hours for them to comply with the Camping Ordinance. Those who do not comply by the end of that period will have their campsite abated by the City and its contractors. Throughout this process, the City will engage with non-profit service providers to support impacted individuals. The City will also provide replacement tents when necessary.

The amended ordinance proposes to reduce the noticing period to 48 hours and allows the city to require an individual experiencing homelessness to immediately comply with the ordinance when an encampment poses an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the encampment. Should the City Council adopt the amended ordinance, these provisions would take effect 30 days from the second reading of the ordinance which would take place at the September 3, 2024, Regular City Council meeting. Until such time we must apply the regulations as defined in SRMC 19.50.050. Until that time, the City must abide by the existing regulations notes above.