HOMELESSNESS AND LAW ENFORCEMENT
Homeless Campers Rights
City and County Ordinances make it a misdemeanor offense to camp on public property, including the American River Parkway. Persons found camping in Sacramento can be given a citation, which requires appearance in court and/or payment of a fine.
You have the right to a court trial for an infraction, and the right to a jury trial and a public defender for a misdemeanor. If you plead “not guilty” and request appointment of a public defender, it is unlikely that they will take your case to trial.
You are entitled to receive a “48 hour notice” which will tell you to remove your property or it will be confiscated and stored. If it is not removed within 48 hours, it can be seized and stored, but a second notice must be given telling you where the property has been taken and how it can be reclaimed. If your property is taken and stored without the required notice in County jurisdiction, you have a claim for violation of a settlement agreement. If your property is taken and destroyed, you have the right to file a federal or state complaint for damages for seizure of property without due process.
Sacramento City Code 12.52.030 Unlawful camping – this ordinance makes it against the law to camp on private property for longer than 24 hours and to “store” camping equipment on public property (which could mean setting your camping gear on the ground).
Sacramento County Parks ordinance, 9.36.066.6 Prohibition of Carts in Park Facilities states that “Within the boundaries of the American River Parkway no person shall use a shopping cart, basket that is mounted on wheels or a similar device that is primarily used for the purpose of transporting goods of any kind.”
What If I’m Stopped by a Police Officer
1. Be polite and ask the officer why you are being stopped.
2. Ask “am I under arrest or free to leave?”
3. If not under arrest, say you have business to take care of, wish the officer a good day, and walk away.
4. You do NOT have to identify yourself.
5. Do NOT, under any circumstances, consent to a search of your backpack or belongings.
6. If the officer makes an arrest, say, “I do not wish to answer any questions until I speak to an attorney.”
7. If you are stopped for panhandling: There is no city ordinance against panhandling. You have a right to ask for money from people in public. In July 2018, a federal judge ordered a halt to Sacramento’s ordinance against aggressive panhandling, saying “this is a direct First Amendment case” involving the free speech rights of individuals seeking donations from passersby.
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