Recently, in Martin v. City of Boise (“City of Boise”), the Ninth Circuit Court of Appeals (which is the Federal Appellate Court that has jurisdiction over Fillmore) held that ordinances prohibiting camping and sleeping on public property were unconstitutional. Consequently, the City of Fillmore may not criminally enforce a law or ordinance that prohibits camping or sleeping on any public property.
The Court, however, stated there are limited circumstances in which a person can be cited for camping. In Fillmore, the City may only remove or relocate encampments in limited circumstances.
Once a concern or complaint has been received, the City will investigate. The City will determine whether, under the law, any action can be taken and by whom. If the City determines that enforcement action can be taken, the appropriate personnel will respond consistently with best practices.
If enforcement action cannot be taken, the City will still attempt to engage with anyone at the encampment and offer services they may be eligible for that may result in ending their cycle of homelessness. Even if an encampment cannot be removed by enforcement, the City still attempts to resolve the issues created by the encampment through contact with those present there and repetition of offering services.
Please understand that due to the laws surrounding this issue, this process often does not yield immediate results. It could take multiple interactions to resolve the issues. It doesn’t mean work isn’t being done that will ultimately resolve the issue.