by Kevin Cody
Camping or living in a vehicle on public property in Hermosa Beach will be illegal under an ordinance unanimously approved by the Hermosa City Council at its Tuesday, February 25 meeting.
The ordinance also prohibits “storage of personal property” within 20 feet of business entrances, and fires on public property
Adoption of the ordinance followed a lengthy discussion between council and staff on how to enforce the ordinance without “criminalizing” homelessness.
A previous Hermosa prohibition against camping applied only to city parks and the beach. Enforcement elsewhere in the city was constrained by court decisions that made it illegal to prohibit all public camping if public shelters were not available. But those decisions were overruled last June by the Grants Pass decision, leading to stricter municipal ordinances against the homeless. In the Grants Pass decision, the U.S. Supreme Court ruled that municipalities can fine or jail homeless who violate public camping bans.
The new Hermosa Beach camping ordinance, City Attorney Patrick Donegan told the council, holds violators subject to an administrative citation, which typically carries a $250 fine.
Mayor Pro Tem Rob Saemann expressed skepticism that citations would result in compliance.
“I’m all for helping the homeless…. But at some point we have to say, ‘You can’t do this anymore. It’s illegal. I think we should charge violators with misdemeanors right away,” Saeman said.
Misdemeanors are punishable by up to six months in jail and a $1,000 fine.
Councilmember Michael Detoy said he favored issuing citations because he opposes “criminalizing” homelessness.
The disagreement was resolved when the two agreed the ordinance would give police officers discretion over whether to issue citations, or charge violators with misdemeanors.
City manager Suja Lowenthal cautioned the council not to expect the new ordinance to quickly solve Hermosa’s homeless problems.
“Issuing a misdemeanor doesn’t allow our police to hold someone in jail. Homelessness is not a jailable offense,” she said.
“You may remember [recently retired] Police Captain Dorothy Scheid. She worked very closely with homeless individuals for years because we cannot physically pick them up. That would also be a violation of what we stand for. It is a long and arduous process.
“Our program, HB Care, the only program of its kind in the South Bay, is effective. But it’s not immediate, and I know the community and council want an immediate solution.”
HB Care is a mobile crisis response team trained to respond to non-emergency calls involving the homeless, which the police would have previously responded to. HB Care is funded by a $1 million federal grant received from Representative Ted Lieu last year.
The 2022 Greater Los Angeles Homeless Count identified 34 individuals experiencing homelessness in Hermosa Beach, according to the City of Hermosa website. Of those, 25 were living in vehicles and nine were living on the street. ER
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