Chapter 9.91
PROHIBITION OF GOVERNMENT-SPONSORED UNSANCTIONED TRANSPORT OF HOMELESS PERSONS ORDINANCE
Sections:
9.91.010 Purpose and intent of chapter.
9.91.020 Prohibition of government-sponsored unsanctioned transport of homeless persons.
9.91.010 PURPOSE AND INTENT OF CHAPTER.
This chapter shall be known as the prohibition of government-sponsored unsanctioned transport of homeless persons ordinance. The purposes of this chapter are to: (1) help preserve the city’s limited homelessness-related resources (including shelter and outreach) for the benefit of individuals residing in the city of Santa Cruz, (2) encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to the persons experiencing homelessness within their jurisdictions, rather than simply just transporting these individuals to the city of Santa Cruz, and (3) prevent government agencies from engaging, in the city of Santa Cruz, in cruel and inhumane treatment of unhoused individuals.
(Ord. 2024-15 § 1, 2024).
9.91.020 PROHIBITION OF GOVERNMENT-SPONSORED UNSANCTIONED TRANSPORT OF HOMELESS PERSONS.
(a) No law enforcement officer, agent, or employee of a county, of another city, or of any other governmental entity, when acting in their official capacity, shall transport and drop off an individual on public property, or private property that is accessible to the public, within the city of Santa Cruz, when the person being transported and dropped off lacks a fixed, regular, and adequate nighttime residence.
(b) A person “lacks a fixed, regular, and adequate nighttime residence” within the meaning of subsection (a) when that person:
(1) Has a primary nighttime residence that is a public or private place not meant for habitation; or
(2) Lives in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or
(3) Is exiting an institution where they have resided for ninety days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
(c) The prohibition contained in subsection (a) shall not be interpreted to prohibit the following authorized activities:
(1) Transporting a person to be booked into a county jail or admitted to a county-designated custody alternative facility (e.g., a county-designated sobering center); or
(2) Transporting a person to be treated at a hospital or other medical facility; or
(3) Transporting a person to reside at a shelter, temporary housing, or permanent housing, when the officer, agent, or employee has independently verified that the individual being transported has already been accepted to reside at the facility; or
(4) Transporting a person to attend a verified appointment with a governmental or nonprofit social service provider; or
(5) Transporting a person to attend a verified hearing at the Santa Cruz County superior court; or
(6) Any transportation or drop-off activities undertaken by the city of Santa Cruz within the city of Santa Cruz; or
(7) The operations of a governmental provider of public transportation, such as the Santa Cruz Metropolitan Transit District.
(Ord. 2024-15 § 1, 2024).
9.91.030 PENALTY.
A violation of Section 9.91.020(a) is a misdemeanor.
(Ord. 2024-15 § 1, 2024).