Homelessness & the Law

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Homelessness is a Condition, Not a Crime

The Thousand Oaks Police Department 's homeless outreach program works closely with local stakeholder and service providers. It is focused on four key areas, all of which connect the person experiencing homelessness with resources to help build self-sufficiency.

Outreach Services:

Police conduct weekly outreach with Lutheran Social Services, Ventura County Behavioral Health and other organizations. The focus is on reaching the most vulnerable people, providing information and encouraging them to accept help.

Enforcement:

While homelessness and panhandling are not illegal, other activities like drinking alcohol in public, public urination, illegal camping and trespassing are enforced and may result in a warning, citation or arrest. Local police enforce all applicable laws, with the ultimate goal of encouraging homeless individuals to move toward self-sufficiency.

Clean-up:

Campsite clean-up is a safety and public health issue that is taken seriously by local police. The law requires that most camps receive a seven-day notice before they can be cleaned up. Police have an active relationship with Thousand Oaks Public Works, Conejo Open Space Conservation Agency (COSCA) and Caltrans to ensure sites are cleaned up as soon as legally allowed. As with other outreach, police make every effort to ensure campers are aware of local and regional resources.

Education:

Addressing the challenges of homelessness in our community requires that public agencies, non-profits and residents understand homelessness and work together. Police continue to educate the public about the issue, how to help, and how handouts can keep people from getting long-term support.

Questions or concerns about the homeless can be directed to:

Senior Deputy Danny Lopez
(805) 796-5251
danny.lopez@ventura.org

Deputy Josh Vidal
(805) 620-8633
josh.vidal@ventura.org

or call the Sheriff's non-emergency line (805) 654-9511

Homeless General
- Do Police generally arrest people for being homeless?
  A: The Thousand Oaks Police Department enforces laws where applicable; however, homelessness in itself is not a crime. In addition, recent court cases have made it more difficult to enforce laws traditionally used in homeless incidents such as living out of a vehicle and illegal camping. In addition, propositions recently approved by California voters have either decriminalized or minimized narcotics offenses. In many cases, where a person would have gone to jail in the past, they are either given a citation or there is simply no violation that exists anymore.
  
  As a community, we will not arrest our way out of this problem. Long term solutions require the cooperation of all stakeholders following a comprehensive plan and the cooperation of citizens to not enable a homeless lifestyle by providing them with short term food and money.
HomelessCamping
- What does the ordinance say now?
  The amendment now strengthens and expands enforcement citywide by doing the following: (1) distinguishes camping versus sleeping, (2) gives private property owners more control of their property, (3) restricts sleeping to certain hours (between 10 pm and 6 am), (4) prohibits sleeping in open space at all times, (5) prohibits camping throughout the City at all times, and (6) shortens removal time of abandon property from 7 days to 72 hours.
- What did the original ordinance cover?
  The city has two municipal code sections that were both adopted in 1997. The first, TOMC 5-8.08 regulated the act of camping in public places, including private property open to the public. The second, TOMC 5-8.09 regulated sitting and lying in certain public places, but only in commercial zones in the City. While TOMC 5-8.08 was amended in 2007, TOMC 5-9.09 had never been amended.
- What would happen if the City did not adopt the changes to the ordinance?
  All cities in California, Oregon, Washington, Hawaii, Arizona, Idaho, Nevada, and Montana must comply with the Boise case. That means if a city wants to restrict or regulate sleeping and camping in its city, it must make sure it’s sleeping and camping ordinances comply with the case. Without making changes to our existing ordinances, it would be difficult for the City to successfully enforce the above-mentioned provisions. As a result of these amendments, the City can better regulate the time, place and manner of sleeping within the city, continue to prohibit camping throughout the entire city, and prohibit both camping and sleeping in the open space at all times. Cities that don’t make changes to their ordinances likely cannot prohibit people from sleeping on City property without risking violating this Court ruling.
- Why did the City adopt a new ordinance concerning homeless camping and sleeping in the City?
  The City’s original ordinance did not distinguish between the acts of camping and sleeping. In September 2018, the case of Martin v. City of Boise was decided which held that the government is prohibited from criminalizing homelessness and that cities must allow individuals to sleep on public property when there is no shelter available to them. In order for the city to regulate camping and sleeping in the City, it was required to change the camping ordinance. This action allows the City to restrict sleeping and camping in the City.
- Can homeless people sleep in their cars?
  Boise does not address this. In fact, the focus in Boise is on those who are sleeping in the open elements on sidewalks, parks, etc. Sleeping in cars would have to be enforced on a case-by-case analysis. The City does have various regulations such as overnight parking restrictions, over-sized vehicle restrictions, etc. that are still valid and must be followed. Again, since there are no clear-cut rules established by the courts in this area, these would have to be considered on a case-by-case basis.
- Does the new ordinance allow people to sit, lie, or sleep on public property at any time and any place?
  No. The ordinance restricts sleeping to the hours of 10 pm – 6 am only on publicly owned property. The ordinance also does not allow tents, camping, and excess property on public property nor does it allow sleeping during daylight hours. It also does not allow someone to sleep on City property in such a way as to impede vehicle or pedestrian traffic.
- Does this ordinance amendment mean more homeless people will come to Thousand Oaks?
  As we have found from our community research, homeless tend to reside in communities where they have connections, roots, ties, etc. Homeless individuals don’t necessarily migrate or have the ability/means to migrate.
- Does this ordinance require the City to provide a shelter?
  While the ordinance states that cities must allow sleeping on public property when there are no accommodations within reasonable distance, it does not require the City to provide shelters.
- How does this ordinance affect private property?
  By removing private property open to the public from the definition of public place in the ordinance, private property owners will be able to regulate their own property or activities on their property as they see fit. Also, they can now utilize civil remedies such as temporary restraining orders, stay away orders, or letters of agency.
- Some cities have designated specific public land where the homeless can sleep. Can’t Thousand Oaks do the same thing?
  Each community’s response to homelessness is unique. In Thousand Oaks, the City Council and the Ad Hoc Committee are committed to working hand-in-hand with our residents, law enforcement, business community, service providers, and houses of faith on identifying actions that are locally driven and supported. Whether the City could designate a particular public space where homeless could sleep requires community and stakeholder engagement.
- What constitutes reasonable distance to a shelter?
  This was never defined in Boise, so the City would need to consider this on a case-by-case basis. From a practical standpoint, if a shelter was open and available in the City, then it would be within a reasonable distance.
- Why doesn’t the City of Thousand Oaks appeal the Boise case?
  Since the City was not a party in the lawsuit, we cannot appeal the decision. Only parties in a lawsuit can appeal court decisions. The City of Boise filed a petition for rehearing with the 9^th Circuit which was denied in April. The City has advised us that they will be filing a petition with the US Supreme Court, but that has not been done yet.
- Why is COSCA land allowed to be excluded from places homeless can sleep?
  Boise does not require cities to allow anyone to sleep anywhere at any time. It acknowledges that cities can impose regulations, including prohibiting someone from sleeping in particular public areas. Open space is a public area that the City has significant concerns over letting someone camp or sleep. Public health and safety concerns, including wildfires, threats to wildlife, damage to the ecosystem that encampments can cause, and potential safety concerns for individuals camping off designated trails, are some of the reasons the ordinances prohibit both sleeping and camping at any time in open space.
- Will homeless people be able to sleep on the sidewalk or similar public spaces?
  While sidewalks and other public spaces like those would be areas homeless people could potentially sleep from 10 pm to 6 am, the ordinance does not allow individuals to impede or block the free movement of pedestrians or vehicles. Again, homeless are not allowed to sit, lie, or sleep anywhere at any time.

Homelessness is a Condition, Not a Crime

Outreach Services:

Enforcement:

Clean-up:

Education:

Do Police generally arrest people for being homeless?

What does the ordinance say now?

What did the original ordinance cover?

What would happen if the City did not adopt the changes to the ordinance?

Why did the City adopt a new ordinance concerning homeless camping and sleeping in the City?

Can homeless people sleep in their cars?

Does the new ordinance allow people to sit, lie, or sleep on public property at any time and any place?

Does this ordinance amendment mean more homeless people will come to Thousand Oaks?

Does this ordinance require the City to provide a shelter?

How does this ordinance affect private property?

Some cities have designated specific public land where the homeless can sleep. Can’t Thousand Oaks do the same thing?

What constitutes reasonable distance to a shelter?

Why doesn’t the City of Thousand Oaks appeal the Boise case?

Why is COSCA land allowed to be excluded from places homeless can sleep?

Will homeless people be able to sleep on the sidewalk or similar public spaces?