Camping Enforcement Plan

This page describes the City's plan for enforcing our camping ordinance and illegal structures in encampments.

Introduction

The City seeks to establish a regular cadence of noticing and abatement under the camping ordinance. While ensuring the orderly maintenance of encampments in the City, this approach seeks to provide clarity regarding the City’s approach and expectations moving forward, based on current capacity and resources. The City will deploy staff resources to notify non-compliant campsites on Tuesday mornings, and schedule abatement work to take place two days later on Thursday. Staff will continually monitor this approach and make necessary tweaks as needed.

Camping Ordinance Regulations

Camping on public property is permitted in the City of San Rafael, so long as certain campsite size maximums and set-back requirements are met.

Campsite Size Maximums

Campsites may not exceed 200 sq. ft. for one person and 400 sq. ft. for up to four people camping together.

Setback Requirements

Campsites must maintain the following setbacks.

  • 10 feet surrounding campsites, from other campsites, public utility infrastructure, and private property lines.
  • 5 feet from roadway pavement.

Unpermitted Structures and Building Materials

These are expressly prohibited under the Camping Ordinance.

Camping Prohibitions

Camping is specifically prohibited at Albert Park, Boyd Park, Falkirk Cultural Center, Lindaro Street (between Andersen and Jordan), and the Mahon Creek Path (between Lincoln and Andersen). Camping is prohibited within 100 feet of a playground and 250 feet of a school.

Camping is generally prohibited on open space properties, parking garages, public facilities, public rights of ways and sidewalks (when blocking access).

Enforcement Approach

Enforcement activities of the Camping Ordinance relating to violations of the campsite size maximums, setback requirements, and/or unpermitted structures and building materials will  take place each week on Tuesdays and Thursdays. Exceptions will occur, only when there are significant health and safety exigent circumstances, whereby the City will abate immediately.

Violations of campsite size maximums, setbacks, and illegal structures  (SRMC 19.50.050 D & E)
Tuesday (AM) Activities Thursday (AM) Activities
  • SRPD and City Staff conduct a weekly review of known hotspots (e.g. Andersen) and other sites with reported encampments.
  • SRPD Special Operations Unit (SOU) issues notices to those campsites out of compliance with SRMC 19.50.
  • SRPD to dedicate 2 hours every Tuesday for area assessments and noticing.

 
  • Debris collection will occur on Thursday mornings, 48 hours after notices have been issued.
  • SRPD to staff approximately 2-3 hours every Thursday for presence during clean ups.
  • Additional clean-up actions beyond the 2-3 hours to take place as needed on Thursdays, as directed by SRPD or City Staff.

 

 

Enforcement Activities of the Camping Ordinance relating to violations of camping prohibitions (i.e. camping in a prohibited area) will generally take place on Tuesdays and Wednesdays of each week.

Camping in prohibited area violations (SRMC 19.50.050C)
Tuesday (AM) Activities Wednesday (AM) Activities
  • SRPD and City Staff conduct a weekly review of problem prohibited properties (e.g. South Mahon) and other sites as reported
  • SRPD SOU issues notices to those campsites out of compliance with SRMC 19.50.
  • SRPD to dedicate 2 hours every Tuesday for area assessments and noticing (same as above)

 
  • Debris collection will occur on Thursday mornings, 24 hours after notices have been issued.
  • SRPD to staff as needed for presence during clean ups.

 

 

 Exceptions to Noticing Timelines

While the municipal code permits the City to require immediate compliance with the Camping Ordinance for camping in prohibited areas and/or in exigent circumstances, legal counsel has advised that issuing a 24-hour notice to vacate is best practice to avoid exposing the City to future litigation. The City retains the right to require immediate compliance in exigent circumstances.

Repeat Offenders

In the event of a first-time occurrence: the City will issue a 24-hour notice to comply. If the individual has not relocated, then a citation will be issued and the campsite abated immediately.

Special and Exigent Circumstances

The City defines exigent circumstances as situations that present an immediate and serious threat to public safety, health, or the environment, requiring urgent action. Below are several examples of potential exigent circumstances:

  • Immediate Threats to Safety
    • Fire Hazards: Encampments that pose an imminent risk of fire, especially those near populated areas, directly against buildings, or in fire-prone environments, may constitute exigent circumstances. This could include situations where unsafe heating or cooking practices are observed, or in places of high fire danger.
    • Environmental Hazards: Circumstances that present an immediate threat to the water supply or environment, such as inadequate human waste disposal near water sources, may qualify as exigent.
    • Hazardous Materials: The presence of dangerous substances that pose an immediate risk to human health or the environment.
  • Health Emergencies
    • Disease Outbreaks: Situations where there is evidence of a rapidly spreading infectious disease within an encampment that poses a significant public health risk.
    • Severe Weather: Extreme weather conditions that put encampment residents at immediate risk of harm, such as flooding, severe storms, or extreme cold.
  • Public Safety Threats
    • Criminal Activity: Situations involving active criminal behavior that poses an immediate threat to the safety of encampment residents or the surrounding community, as determined by the San Rafael Police Department.
    • Obstructing Paths of Travel: In cases where large items are obstructing a sidewalk, bike lane, or other path of travel.

Every effort will be made to clean up non-compliant campsites that present the immediate and serious threats listed above, subject to available resources. For example, San Rafael Public Works will be contacted for one-off assistance in these cases if contractor scheduled work is more than three business days away (i.e. if items are found on a Friday or Monday). If DPW crews are unavailable, then the site will be cleaned up on Thursday.

Locations for Regular Enforcement and Monitoring

The City has identified the following locations for weekly review:

  • Ritter parklet
  • Heatherton area under freeway
  • Mahon Creek Path
  • Windward Way
  • City Hall
  • Other identified hotspots by community members or City officials.

Requesting Enforcement

All requests for camping ordinance enforcement should be sent by email to EndHomelessness@CityofSanRafael.org. This email is monitored by staff. Staff will coordinate with SRPD, DPW and/or the City’s debris management contractor to add the site to the list for weekly noticing and abatement.

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