CALIFORNIA – California governor Gavin Newsom released a state model for local governments to address ‘unhealthy and dangerous encampments’ although its adoption is voluntary.
California cannot mandate cities to clear homeless encampments, as local governments retain the authority to manage encampment policies.
However, Newsom said he is calling on every local government to adopt and implement local policies without delay.
His office says the state’s model ordinance isn’t meant to cover everything or work the same way for every city—it’s designed to be adjusted as needed.
For example, the ordinance suggests a rule making it illegal to camp in the same spot on public property for more than three days or nights in a row.
As tailoring is expected, a jurisdiction may choose to restrict camping at all times in certain sensitive locations — such as near schools, or limit camping to no more than one night in the same location.
Local governments should make it unlawful to camp on public property
The model ordinance suggests jurisdictions write it is unlawful to construct semi-permanent shelters or camp on public property without authorization.
This includes using tents or materials for shelter for more than three consecutive days in the same area.
The ordinance suggests camping should be prohibited near posted notices to vacate. Also, sitting or lying on public streets or sidewalks must not obstruct accessibility under the Americans with Disabilities Act, according to the model ordinance.
Before enforcing encampment clearing, the model ordinance suggests officials make reasonable efforts to:
- offer shelter and supportive services;
- post a 48-hour notice with details about the enforcement and belongings handling;
- store non-hazardous personal items for at least 60 days.
In emergencies, officials should provide as much notice as possible and follow protocols for storing or discarding belongings based on health and safety risks.
Homeless should not be criminalized however city officials can still enforce laws
The model ordinance notes that no one should face criminal penalties for sleeping outside when no indoor shelter is available.
However, it does not restrict city officials from enforcing laws related to controlled substances, weapons, fire safety, or addressing public nuisances.
Newsom’s office says encampments harm downtowns and limit public space access due to hazardous materials and debris.
The ordinance guidance is coupled with the release of $3.3 billion in voter-approved Proposition 1 funding.
The funding will go to communities statewide to expand behavioral health housing and treatment options for the most seriously ill and homeless in California.
To view the full model ordinance visit https://www.gov.ca.gov/wp-content/uploads/2025/05/Encampment-Ordinance-formatted.pdf
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