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Venice Update

News of Venice, CA and Marina del Rey CA

City Wants to Restrict Where Homeless Can Be, Such As Not Within 500 Feet of School

(23 August 2019) In order to bring some semblance of order to the homelessness on the streets of Los Angeles, a revision has been proposed to the municipal code to limit the areas where homeless can sleep.

Mitch O’Farrell, chair of the Homeless and Poverty committee of the Los Angeles  City Council, and  council woman Nury Martinez co-chaired a motion that would amend 41.18 and restrict where homeless can sleep on the streets of Los Angeles. When it will be presented to the City Council is not known.

Note:  This Update story  summarizes and gives Venice peculiar  situations.  There are two LA Times articles in the paper today that all should read.  Article: City revisits limits to sidewalk sleeping. The second article: It’s not cruel to ban homeless ehcampments.

The City of LA is faced with both keeping the streets clean and safe and housing the homeless.  Los Angeles has been exposed to several diseases as a result of encampments.

Councilman Mike Bonin was absent as was Rodriguez; otherwise, the motion to have the City Attorney  amend Los Angeles Municipal Code (LAMC) Section 41.18 to conform to the 9th Circuit decision in the Martin v. Boise case passed unanimously.  It will be made as a motion before the City Council. The ordinance as proposed restricts homeless from certain areas, such as within within 500 feet of a park, school, or day care center plus more.  See report below.

It has been determined that the Martin Vs. Boise, Idaho case did not address where the homeless should or should not be able to sleep or whether they can financially afford a motel or apartment.   In the latter,  police are not equipped to determine such.

Sobel says will not pass court

Attorney Carol Sobel, the attorney who was the attorney for the Jones Settlement in Los Angeles, said the proposed ordinance would not make it past the Ninth Circuit.  The Jones Settlement would still be in effect allowing people to sleep during 9 pm to 6 am.

Ryavec says they did not address homeless in residential areas

Mark Ryavec, president of the Venice Stakeholders Association, stated that “sleeping in close proximity to residences” was not addressed.  Examples of such were 7th Ave., Penmar Park, Thai Restaurant alley, Staples,  Harrison and the infamous 4th Ave that one day had planters and the next day they did not because of obstructing the sidewalk, yet the following day it was totally impassable because of a pile of “stuff.”

The Martin vs. Boise decision will possibly be heard by the US Supreme Court.  The decision as to whether it will be even considered should come the latter part of this month.

What is your opinion?

Councilman Mike Bonin would like to know how you feel about the proposed ordinance.  It is suggested that Mitch O’Farrell and Nury Martinez be cc on all correspondence.  Emails are: Mike.Bonin@lacity.org; Mitch.O’Farrell@lacity.org; and Nury.Martinez@lacity.org.

The motion

REQUEST the City Attorney to draft an Ordinance, repealing the current version of LAMC Section 41.18 and replacing it with the language below:

(a) No person shall obstruct the public right of way in a manner that restricts ten feet of clearance from any operational and utilizable entrance, exit, driveway or loading dock.

(b) No person shall obstruct the public right of way in a manner that restricts passage as required by the Americans with Disabilities Act (ADA).

(c) No person shall obstruct the free passage of pedestrians in the public right-of-way by engaging in the following aggressive behavior:

(1) Approaching, following closely or speaking to a person in a manner that is intended to or is likely to cause a reasonable person to:

(i) Fear bodily harm to oneself or another, or damage to or loss of property.

(ii) Otherwise be intimidated into giving money or other thing of value.

(iii) Respond immediately with a violent reaction because of the inherent nature of the reasonably perceived harm.

(2) Intentionally touching or causing physical contact with another person without that person’s consent.

(3) Intentionally blocking or interfering with the safe or free passage of a pedestrian, including unreasonably causing a pedestrian to take evasive action to avoid physical contact.

(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 ten feet of clearance from any utilizable and operational entrance, exit, driveway or loading dock.

(2) At any time in a manner that restricts passage as required by ADA

(3) At any time:

(i) Within 500 feet of a park.

(ii) Within 500 feet of a school.

(iii) Within 500 feet of a daycare center.

(iv) In or upon any tunnel, bridge or pedestrian subway that is on a route designated by City Council resolution as a school route.

(v) 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

Comment (1)

  1. Bazooka Joe

    And who is going to enforce this the LAPD keystone cops LOL

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