びびなび : サンフランシスコ : (アメリカ合衆国) San Francisco

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Fremont City Council Adopts New City-wide Camping Ordinance
Post Date: 02/18/2025 2:55 PM

*Ordinance Prohibits Camping and Storing Personal Property on Public Property, Limits Camping on Private Property – The Ordinance Does Not Criminalize People and Service Providers Helping Unsheltered Community Members*

On February 11, 2025 in a 6-1 vote, the Fremont City Council adopted a new Camping Ordinance for the City of Fremont.  

In recent years, some of the City’s most entrenched encampments have continued to grow, causing increased concern by residents, service providers, and the City’s public safety departments. Violence, evidence of fires, excessive garbage and illegal dumping, hazardous waste, environmental hazards, deterioration of natural resources, vermin, and dangerous animals are just some of the complaints received, generating calls for service. Following the U.S. Supreme Court’s ruling in Johnson v. Grants Pass and the July 2024 Executive Order issued by the Governor of California, the City Council directed staff to draft a new city-wide camping ordinance to provide staff with the legal mechanism to clear high priority encampments with serious health and safety violations and concerns. On December 17, 2024, the Fremont City Council introduced the Camping Ordinance on a 4-2 vote, with one Councilmember absent. On February 11, 2025, at the regularly scheduled City Council meeting, the ordinance was discussed at length, with more than 200 community members in attendance, and was adopted by the Fremont City Council on a 6-1 vote.  

The new Camping Ordinance (“Camping Ordinance”) has garnered significant attention over the last week, but despite media reports, it is not a first-of-its kind in California. The Camping Ordinance was developed after studying similar ordinances throughout the State. This Ordinance includes many of the same prohibitions and enforcement features commonly found in similar laws implemented by other California cities. Additionally, the City has had a prohibition of overnight camping in City Parks for many decades but did not previously have a mechanism for abating encampments on other public or private properties not covered in the long-standing parks ordinance.   

Key Components of the City of Fremont’s Camping Ordinance:


* In general, the Camping Ordinance has two prohibitions: 

* Prohibits camping on any public property, and restricts camping on private property not designated and equipped for such camping
* Prohibits the storing of personal property on any public property

* The Ordinance does not prohibit the provision of aid and services. Service workers are not prohibited from providing food, clothing, and amenities to unsheltered community members. Therefore, a person that provides food, water, blankets, a tent, or clothing to another person would not violate the terms of the Camping Ordinance, nor would that constitute aiding and abetting. The City employs outreach workers who will continue to provide compassionate services to the unhoused community on an ongoing basis.  


* The City’s Municipal Code includes a general provision addressing aiding and abetting, which is relatively common language shared by other California cities. An example of aiding and abetting that would violate the Camping Ordinance is where a person aids another person to erect a structure along the bank of a public waterway. A brief review of other cities with camping ordinances indicates that the following cities have aiding and abetting enforcement language in their municipal codes: the City of Berkeley, City of Hayward, City of Sunnyvale, City of Sacramento, City of Davis, City of Fresno, City of Merced, American Canyon, City of Chico, City of Antioch, City of Downey, City of Hemet, City of Paso Robles, City of Indio, City of Long Beach, and City of San Diego.


* The Camping Ordinance includes penalty language consistent with, and generally applied to, misdemeanor violations within the City’s Municipal Code. The City’s Municipal Code establishes the maximum fine the court can impose, which in this case would be a maximum of $1,000 and six months in jail, a standard maximum penalty associated with a misdemeanor in California. The City does not determine or decide penalties. The penalty, if imposed, would occur during court proceedings if a crime is ultimately prosecuted.  

During the Fremont City Council meeting, the Fremont Police Chief explained that the Camping Ordinance would be managed and implemented in the same manner other ordinances, including the prohibition of camping in parks.  He noted that they have historically gained voluntary compliance in almost all cases and have no reports of unhoused community members being cited or arrested for overnight camping in parks where the prohibition currently exists. The Police Chief committed to tracking this data and sharing it publicly. 

The City has been working comprehensively on the issue of homelessness for many years. The Camping Ordinance is just one of many policy decisions that has been made by the City Council, which have addressed all aspects of the issue, including supportive services, shelter, and enforcement. Annually, the City invests millions of dollars and dedicates staff to provide direct support and resources for unhoused community members. In recent years, the City has added new programs such as the Housing Navigation Center, Winter Relief and Overnight Safe Parking, adopted a Homelessness Response Plan to direct future investments by prioritizing prevention and housing to help address homelessness. In the fall of 2024, Council adopted two new vehicular regulations, prohibiting oversized vehicles from parking in residential neighborhoods and limiting all vehicles to 72 hours on public roadways. Addressing homelessness requires a multi-pronged approach, and no singular Ordinance or service will solve it and therefore, should not be viewed in isolation.  

Cities alone cannot address or resolve homelessness. For decades, Fremont has built and maintained valuable partnerships with non-profits, community organizations, the faith community, and community members who voluntarily deliver services and care to residents without a safe or permanent home. The City is grateful for these partnerships and recognizes that shelter, permanent affordable housing, meal distribution, safe parking, donation drives, and direct outreach to unsheltered residents wouldn’t be possible in Fremont without this relationship. The City of Fremont continues to value and encourage our partners’ work as part of a critical response to homelessness. 

To report an encampment, please complete a service request using the Fremont App online form [ https://www.fremont.gov/residents/report-issues ]. Response times may vary based on encampment conditions.

Read more about the new Camping Ordinance, including frequently asked questions and a timeline, on our website [ https://www.fremont.gov/home/showpublisheddocument/17280/638745346086012766 ].

Click here for more information [ https://www.fremont.gov/Home/Components/News/News/1259/ ]
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