Untouched since 2002, Solvang’s anti-camping ordinance is getting a makeover.
During its July 10 meeting, the Solvang City Council directed staff to draft potential revisions to the homelessness response policy, which City Attorney Dave Fleishman believes will face legal challenges in the near future.
“As currently enforced, the city’s ordinance does have some concerns,” Fleishman said at the meeting.
Within Solvang’s city limits, it’s currently unlawful for any person to sleep or camp on public property from one half-hour after sunset until 6 a.m. the following day, according to the staff report. But issuing citations to violators “has not worked in most cases,” Fleishman said.
“I will tell you that I have a number of code enforcement cases for another city where the individuals just don’t show up and they continue not to show up,” Fleishman said. “More warrants get issued. … It is a continuing issue in terms of enforcement. I don’t know of any city that has a 100 percent solution.”
A possible revamp of the 2002 anti-camping ordinance was first discussed by members of the Solvang City Council during its June 12 meeting, when Councilmember Elizabeth Orona requested a refresher from city staff on current ordinances and codes related to overnight camping and homelessness.
“I think it’s been a while since we touched that language,” Orona said. “Let’s make sure we’re up to currency with state law.”
Councilmember Robert Clarke agreed and said that he’s received emails from residents regarding “tents that are showing up down by the wastewater plant.”
“I’d like that to be looked into,” Clarke said.
The request for a legal review on current homelessness policies was agendized for the July 10 meeting. Fleishman addressed the wastewater plant concern and suggested that the next iteration of the city’s anti-camping ordinance maintain restrictions against sleeping or camping near or on essential city utilities, but ease regulations in certain parts of the city.
For the City Council to consider, Fleishman provided some examples of other cities that recently amended their anti-camping laws, including Grover Beach. In March 2023, the city of Grover Beach revised its ordinance to allow homeless individuals to camp on public property during certain times of the day and in compliance with other factors, Fleishman stated.
Councilmember David Brown suggested that city staff look into applying a multi-tier system in its proposed policy amendments. Brown agreed that essential utilities should remain off limits to overnight camping, and added that the Tourist Related Commercial (TRC) District should be as well. Mayor Mark Infanti agreed.
With direction to look into enacting a new anti-camping ordinance, Fleishman said that a draft of the proposal that incorporates suggestions from the City Council should be ready sometime in August.
This article appears in Jul 13-23, 2023.