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ORDINANCE NO. 2360 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, <br /> CALIFORNIA AMENDING CHAPTER 9 OF ARTICLE VII OF THE <br /> ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE <br /> OF PERSONAL PROPERTY ON PUBLIC PROPERTY <br /> WHEREAS, the City of Arcadia (the "City") has the authority to regulate to ensure <br /> the public's health, safety, and general welfare; and <br /> WHEREAS, the City is acting in accordance with a recent decision by the Ninth <br /> Circuit Court of Appeals where the court stated that "[e]ven where shelter is unavailable, <br /> an ordinance prohibiting sitting, lying or sleeping outside at particular times or in particular <br /> locations might well be constitutionally permissible." (Martin v. City of Boise (Sept. 4, <br /> 2018, No. 15-35845.); and <br /> WHEREAS, the City is acting in accordance with the Ninth Circuit's holding that <br /> "individuals who do have access to adequate temporary shelter, whether because they <br /> have the means to pay for it or because it is realistically available to them for free, but <br /> who choose not to use it," are not covered by its decision; and <br /> WHEREAS, the City encourages the use of open spaces and facilities within the <br /> City by all members of the community; and <br /> WHEREAS, camping within the City limits creates an unsafe and potentially <br /> disorderly environment for the persons engaged in the camping as well as persons <br /> coming into contact with the campers; and <br /> WHEREAS, camping within the City limits creates unsanitary and unhealthful <br /> conditions that may affect both the campers and the general public; and <br /> WHEREAS, camping within the City limits tends to degrade or even destroy the <br /> property upon which the camping is occurring, particularly in situations where an <br />