Please cut and paste the message below asking Councilman Bonin, Mayor Garcetti and City Attorney Feuer to pass it into law.
Dear Councilman Bonin, Mayor Garcetti, City Attorney Mike Feuer,
I urge you to pass the O'Farrell/VNC Motion to protect school children, residents, and disabled persons from the burdens of homeless encampments.
This Motion was initially requested by Councilman O'Farrell and drafted by the City Attorney under a proviso in the Martin v. Boise decision, which states:
Nor do we suggest that a jurisdiction with insufficient shelter can never criminalize the act of sleeping outside. Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible. So, too, might an ordinance barring the obstruction of public rights of way or the erection of certain structures.
The Venice Neighborhood Council amended the original O'Farrell Motion, which provided buffer zones for parks, schools, school routes, child care centers and homeless shelters and housing, to add 150 foot setbacks for residences, slightly greater setbacks from entrances/exits, and easier access for the disabled to sidewalks.
Send to:
<mike.bonin@lacity.org>
Mayor Eric Garcetti c/o <ami.fields-meyer@lacity.org>
<mike.n.feuer@lacity.org>
MOTION TO AMEND LAMC 41.18
(Adopted 2/18/20)
The Venice
Neighborhood Council calls upon the Los Angeles City Council to Amend LAMC
41.18 as follows:
(d) No person shall sit, lie or
sleep in or upon any street, sidewalk, or other public right-of-way as follows:
(1) At any time in a manner that
restricts fifteen feet of clearance from any utilizable and operational
entrance, exit, driveway or loading dock.
(2) At any time in a manner that
restricts passage to less than 36” in any and all directions, as required by
the American with Disabilities Act (ADA).
(3) At any time:
(i)
Within 150 feet of any
structure, with a Certificate of Occupancy, that is in residential use.
(ii)
Within 500 feet of a park.
(iii)
Within 500 feet of a school.
(iv)
Within 500 feet of a daycare
center.
(v)
In or upon any tunnel, bridge or
pedestrian subway that is on a route designated by City Council resolution as a
school route.
(vi)
Within 500 feet of a facility
opened after January 1, 2018 to provide housing, shelter, supportive services,
safe parking, or storage to homeless persons. (vi) Bike
and other recreational paths.
(vii)
Public areas (non-sidewalk) posted with No
Trespass signs for safety purposes.
(viii)
Public areas posted with closing times for
safety and maintenance purposes.
(ix)
Crowded public sidewalk areas like those
exempted in the Citywide vending ordinance and other large venue-adjacent
areas.
Upon passage this
Resolution shall be presented as a Community Impact Statement to the City
Council for
attachment to Council Fire 19-0602-S1 regarding proposed amendments to LAMC
41.18, which was introduced in July, 2019.
