Laserfiche WebLink
<br />A Joint Agency <br />City of Thousand Oaks/Conejo Recreation and Park District <br />2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362 <br /> (805) 449-2100 (805) 495-6471 <br /> <br />TO: Board of Directors <br /> <br />FROM : Felicia Liberman, COSCA Attorney <br /> <br />DATE: September 11, 2019 <br /> <br />SUBJECT: Amendment to COSCA Open Space Rules and Regulations - Chapter <br />II, Section 214 Regarding Camping <br /> <br />RECOMMENDATION: <br /> <br />Read ordinance in title only, further reading be waived, and if no objection, introduce <br />Ordinance to approve amendment to the COSCA Open Space Rules and Regulations, <br />Chapter II, Section 214 Camping. <br /> <br />DISCUSSION: <br /> <br />The last comprehensive amendment to the COSCA Open Space Rules and Regulations <br />section on Camping, Chapter II, Section 214 occurred on May 13, 2009. At that time, <br />COSCA prohibited the act of camping on all COSCA property. However, the act of <br />sleeping was never addressed. In addition, in the case of personal property either being <br />stored or abandoned on COSCA property, enforcement officers were mandated to follow <br />a 7-day notice requirement prior to property removal. <br /> <br />On September 4, 2018, the Ninth Circuit Court of Appeals issued a decision in the case <br />of Martin v. City of Boise (Boise). This case involved multiple homeless individuals who <br />had been cited for camping on public property or sleeping in public buildings or places, in <br />violation of the city’s ordinance. The court concluded that it is a violation of the Eighth <br />Amendment, which protects against cruel and unusual punishment, for a municipality to <br />criminalize the act of sleeping outside where no sleeping space is practically available in <br />any shelter. As a result, rules completely prohibiting the act of sleeping on public property <br />when an individual has no other option have been deemed unconstitutional, as are those <br />which ban camping in public where there is not a clear distinction between the act of <br />simply sleeping with the act of camping. <br /> <br />On May 21, 2019, the City of Thousand Oaks introduced a Municipal Code amendment <br />that addressed the issues raised in the Boise case. In the ordinance, which went into