Merced County advances ordinance tightening rules on unlawful camping, schedules March hearings

The Merced County Board of Supervisors on Feb. 11 moved to advance proposed revisions to county code chapter 10.32 that would change how the county defines and responds to unlawful camping on county property.

County Counsel Rena Gonzalez and Human Services Agency deputy director John Checkley outlined revisions that update definitions for “camp/camping,” “camp facilities/materials,” “camp paraphernalia,” “critical infrastructure,” and “waterways.” The proposal expands the list of items subject to abatement — including furniture, shopping carts, tires and vehicles — and says items classified as personal property (for example, identification, eyeglasses and medications) would be collected and stored for 60 days under county policy. Gonzalez said a new letter-of-authorization process would let private-property owners request sheriff’s assistance with trespassers for up to 12 months.

The draft ordinance also sets a standard 48-hour posted notice before encampment cleanup, with no notice required if an encampment presents an “imminent and substantial threat to public health, safety or life” or is located near critical infrastructure. Counsel said the county consulted other California counties’ language in developing definitions and cleanup procedures.

Gonzalez described changes to the penalty section. Under the proposal a violation would remain a misdemeanor; the draft lists a potential penalty of up to six months in jail and a $500 fine per violation, replacing language in the current code that references a $1,000 fine. The proposal also includes a diversion option — such as homeless court, probation in lieu of fines or referral to mental-health, housing or substance-use services — developed with the District Attorney’s Office, HSA and Behavioral Health and Recovery Services.

HSA deputy director John Checkley told the board the county is emphasizing services alongside enforcement. He described the county’s outreach and shelter capacity — including a 76‑bed navigation center and other shelter and permanent-housing projects — and said about 219 permanent housing units are in some stage of production. Checkley and supervisors repeatedly framed the package as a “toolbox” to pair outreach and services with enforcement when necessary.

Several supervisors asked clarifying questions about how the code would treat vehicles used for sleeping, whether gutters or drainage areas are covered under the waterways definition, and how the county would coordinate cleanups on railroad property. Undersheriff Corey Gibson said rail lines are private property and county staff typically coordinates with railroad operators on urgent safety issues.

Public comment urged more prevention and interventions, including a suggestion to explore eviction-related prevention measures. After discussion, the board voted unanimously to direct staff to return the ordinance for formal introduction on March 11 and a second reading on March 25.

The board’s action is procedural: the ordinance still must be introduced and adopted in subsequent hearings before it becomes law.