City of Anaheim council members voted unanimously to pass ordinances banning unhoused individuals from sleeping on public benches and sidewalks at a council meeting held on Oct. 8.
The ordinances aim to crack down on homelessness and related criminal behavior in Anaheim through three sections: Chapter 11.11, which addresses the obstruction of sidewalks and other public spaces; Chapter 11.13, which covers the sale, assembly and disassembly of bikes in public spaces; and an extension of the city’s smoking ban to parks, schools, daycare centers and within 25 feet of bus benches.
Anaheim Mayor Ashleigh E. Aitken presided over the meeting as City Attorney Robert Fabela delivered a staff report highlighting the city’s current homelessness crisis and the measures taken by the city to balance assistance with law enforcement. Fabela’s office has worked on the Anaheim Collaborative Court – Evaluating Strategies and Solutions (ACCESS) which offers “mental health, substance abuse and other services to unhoused individuals who find themselves in the criminal justice system.”
The report explains that Anaheim’s current municipal code prohibits encampment on public property, but fails to include instances of non-campers who still obstruct public access to transport, sidewalks and parks.
The council also sought to address additional park safety issues, including the theft and resale of bike parts, as well as frequent smoking in child-friendly public spaces. According to the report, over 250 bikes are stolen each year, with violators utilizing parks as means to disassemble and sell parts.
Councilmembers Natalie Meeks and Natalie Rubalcava requested the ordinances following a re-engagement in public cleanup after California Gov. Gavin Newsom signed Executive Order N-1-24 in July, which instructed state agencies to clear homeless encampments in public spaces. Newsom cited the Supreme Court’s ruling in City of Grants Pass v. Johnson, which determined criminal and civil penalties imposed by cities for public camping as constitutional.
“Our families deserve safe parks where you can go and let your children run and play, and play hide-and-seek in the bushes, and feel like they’re safe there,” Meeks stated during the meeting.
While the council was all in favor of stricter policies, some public concerns surround the long-term effectiveness of encampment clearouts.
“Anaheim PD is chasing people out of the parks and off the sidewalks. Where are they supposed to go?” resident Jeanine Robbins said to Voice of OC. “We’re just simply driving them into other cities.”
Law enforcement will be granted the authority to address homeless individuals obstructing public spaces. Anaheim Chief of Police Rick Armendariz provided additional clarity to the council.
“Our primary focus is safety, health and, obviously, making sure that people are utilizing, whether it’s the sidewalks, the bus benches, for their intended use,” Armendariz said.
Law enforcement will provide unhoused individuals from outside the city with resources from their respective counties, although these individuals will still be subject to Anaheim regulations. The police department has expanded its Tourist-Oriented Police Team, taking into account Anaheim’s high tourism rate.
Specialists dealing in homelessness will assist in training all officers on acceptable conduct, offering violators the choice of accepting help and resources. To those who forgo offered resources, the police department will have the discretion to cite or arrest the individual, and the city will have the authority on whether to prosecute the individual under state law.
“If you don’t want services, then you cannot be on the sidewalk, occupying the sidewalk. The sidewalk belongs to everybody, not to individuals that want to grab that piece of land; it’s not yours to grab. You take services from us, or you get out,” Councilmember Jose Diaz said at the meeting.
The idea of balance came up on multiple occasions throughout the meeting. Mentioning that the ordinance may seem “heavy-handed” to some, Rubalcava stressed that change was necessary to keep the Anaheim community safe.
“I want to emphasize the fact that yes, we are creating ordinances to further enhance the toolbox for our law enforcement. But it really is also a comprehensive approach,” Rubalcava said. “We are, you know, providing services to people, and I know we actually have helped people get off the streets and put them in rehabilitation.”
Ensuing the passage of these ordinances, they will be in effect 30 days from final passage.
May Allen is a News Intern for the 2024 fall quarter. She can be reached at mayca@uci.edu.
Edited by Karen Wang and Jaheem Conley
