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City council directs staff to operationalize enforcement and authorizes mayor to act on hazardous park fire conditions after debate over camping and safety

2222707 · February 4, 2025
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Summary

After public comment and a legal briefing, the Chico City Council on Feb. 4 unanimously directed staff to operationalize enforcement of existing municipal codes addressing unsafe fires and hazards in parks and waterways and authorized the mayor to declare local emergency powers when she and the fire chief judge hazardous fire conditions exist in named high‑risk sites.

The Chico City Council voted 7‑0 on Feb. 4 to direct city staff and the city attorney to operationalize enforcement of existing municipal codes that address unsafe fires and hazards in parks and waterways, and to authorize the mayor to use local emergency powers when she and the fire chief determine hazardous fire conditions exist in specified high‑risk areas such as Bidwell Park, Tiger (Tyger) Ponds and Lindo Channel.

Councilmember Van Overbeck introduced the item, citing a pattern of warming and cooking fires in riparian and park areas and saying the city should be able to target enforcement to high‑risk locations before seasonal drying. City Attorney Lamb briefed council on the legal framework: the mayor or the city manager may declare a local emergency under municipal code, the initial declaration can last seven days and the council must extend it to continue, and emergency powers can allow promulgation of orders needed to protect life and property. Lamb cautioned that the city's obligations under the Warren settlement agreement (governing anti‑camping enforcement) overlap with emergency regulations and that any direct conflicts could require judicial resolution; he said emergency powers and enforcement of other existing municipal codes (for example, prohibitions on fires, obstruction, and refuse disposal) remain options that could be used immediately.

Council deliberations centered on public safety, legal risk and operational practicality. Councilmember Winslow and others framed the item as a public‑safety measure to give firefighters a better chance to contain threats; Councilmember O'Brien and others said enforcement without housing alternatives would be difficult and urged parallel work on shelter and services. Mayor Reynolds offered a focused amendment that the mayor may declare an emergency for the listed locations when, in her judgment and the judgment of the fire chief, hazardous fire conditions exist; council adopted the amendment before approving the staff‑direction motion.

Dozens of members of the public spoke during public comment. Many residents who live adjacent to Bidwell Park, Tiger Ponds and Lindo Channel described repeated encampments, litter, hazardous waste, and unattended fires; several said they had called 911 to report fires that were extinguished and later restarted. Speakers supporting the council action included neighborhood homeowners, representatives of fire and public‑safety groups, and residents who cited flood and fire risk to nearby houses. Other commenters urged a mix of responses, including managed campgrounds, expanded shelter capacity, and additional case management to reduce the chronic encampment population — arguments city staff and some council members said should be pursued in parallel with enforcement.

The council's final directive asks staff, coordinated with the city attorney, to:

- develop an operational plan to enforce existing municipal codes related to unsafe or hazardous fires, refuse and obstruction in parks and waterways; and - establish procedures for the mayor to declare a local emergency for high‑risk park and waterway areas when the mayor and the fire chief determine hazardous fire conditions exist.

The council recorded a unanimous vote in favor of the motion; no immediate blanket citywide camping ban was enacted at the Feb. 4 meeting. City staff said they would return with an implementation plan and legal analysis of enforcement steps under the settlement agreement and emergency authorities.