Monday, February 24, 2020

Support the O'Farrell/VNC Motion to Protect Students, Residents, and Disabled Persons from Homeless Encampments

Last week the Venice Neighborhood Council passed the Motion below to protect school children, residents and the disabled from the burdens of homeless encampments.

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 permissibleSo, 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:


Mayor Eric Garcetti c/o <>

(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.