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To address the impacts of encampments while balancing the need to support individuals living outside—including those living in vehicles—the City has developed the following Encampment Condition Guidelines.
These guidelines are utilized by the Homeless Response Team, a team of key staff from the following departments: City Manager’s Office, City Attorney’s Office, Community Development, Community Services, Fire, Human Services, Police, and Public Works.
The Homeless Response Team prioritizes locations where there are significant health and safety hazards to those living inside identified encampments and the surrounding areas. This does not preclude enforcement or abatement of areas without significant hazards; however, the guidelines are used to communicate and identify behaviors and conditions that can result in further actions by the City. Conversely, actions taken by the City do not necessarily result in removal of encampments or displacement of individuals, rather they may intend to resolve or mitigate specific hazards.
Encampment Condition Guidelines
The City of Fremont has developed these guidelines to communicate and assess health and safety conditions around or within public encampments. This list of standards serves as guidance for maintaining public spaces and seeks to reduce harm towards unsheltered residents and the surrounding community.
Fremont is home to more than 1,000 people experiencing homelessness, due to a variety of factors. Given the regional housing and shelter shortages, the City must balance its limited resources and approach, being mindful of state and federal laws, to manage public encampments. The City recognizes that public encampments can have significant community health and safety issues. While the City works towards permanent solutions, public encampments should be viewed as temporary in nature.
The City prioritizes its encampment management and intervention activities using the below guidance.
THE FOLLOWING STANDARDS ARE NECESSARY TO MAINTAIN HEALTH AND SAFETY:
- Tents, vehicles, and belongings must not be placed upon or impede the following:
- Private property;
- Vehicle, bike, or pedestrian traffic;
- Bus stops, sidewalks, and ADA access points needed by those with disabilities;
- Emergency ingress/egress routes; and
- Driveway access and unloading access.
- The area directly adjacent to a vehicle must be kept clear and clean at all times.
- Belongings must be stored inside or attached to tents or vehicles.
- Vehicles and tents should remain a minimum of 12 feet apart.
- Storage and accumulation of combustible materials are prohibited, unless part of a vehicle.
- All pets and service/support animals must be kept under control at all times and on a leash no longer than 6 feet in length when in public areas. Pets in vehicles must have adequate ventilation. Pet owners are responsible for any pet waste on public or private property.
- Fires are prohibited.
- Quiet hours must be observed from 10 p.m. – 7 a.m.
- Proper use of provided portable lavatories and handwashing stations. Please call the Environmental Services Division, if the facilities need servicing at 510-494-4570.
THE FOLLOWING VIOLATIONS ARE LIKELY TO RESULT IN IMMEDIATE ENFORCEMENT:
- Dumping of materials or liquids into waterways, storm drains, gutters, sidewalks, streets, and other public areas;
- Unsanctioned electrical or water taps;
- Trespassing, loitering, or dumping on adjacent private properties;
- Parking along streets or within parking lots with posted restrictions;
- Lodging or camping on public property, including City parks, with posted restrictions;
- Lodging or camping near schools, daycare facilities, and/or streets designated as safe routes to school;
- Entering or staying in abandoned or vacant buildings;
- Engaging in activities that pose a health or safety risk, such as unsanitary conditions or unsafe cooking practices in public spaces;
- Non-operable or immobile vehicles and structures on City streets; unregistered or expired vehicles;
- Destruction of property—modifying or vandalizing public spaces and infrastructure (e.g., graffiti, digging);
- Criminal activity including, but not limited to, theft, threats, acts of violence, and drug solicitation; and
- Other behaviors, including aggressive animals and individuals, preventing the City from completing work.
The City is monitoring encampments to ensure they are safe and sanitary. Observations or complaints will be addressed with the persons living in the encampment where complaints or observations occur. Failure to comply with the above requirements may result in removal or abatement of items and debris, impoundment of vehicle(s), citations, or monetary fines. Criminal activities can result in arrest.