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Upland council amends camping ordinance to align with recent case law; staff to hold property 90 days

Upland City Council · October 14, 2024
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Summary

Council unanimously amended municipal code on unlawful camping to align enforcement with recent court decisions, while police said outreach, casework and property‑storage procedures (90 days) will remain in place.

The Upland City Council unanimously approved an ordinance on Oct. 14 amending Chapter 12.46 of the Upland Municipal Code to adjust the city’s approach to unlawful camping and storage of personal property.

Sergeant Bryce Milakovich and Police Chief Marcela Blanco said the ordinance change will bring the city in line with recent case-law developments (Milakovich referenced Martin v. Boise and a separate decision he described as 'Johnson' in the transcript) and will provide clearer enforcement tools while preserving homeless‑assistance linkages.

‘‘This proposal will support the city’s goal of enhancing quality of life, public health and public safety,’’ Sergeant Milakovich told the council. Staff emphasized that outreach services, DMV vouchers and other linkage services will continue and that property removed from encampments will be cataloged and stored for approximately 90 days before disposition if not reclaimed.

Council members asked about staffing and storage capacity; the chief said the city currently budgets 73 sworn positions (budgeted to 80) and deploys an impact team comprising a supervisor, four police officers, two park rangers and homeless‑services staff. Chief Blanco said most property from cleared encampments is not reclaimed, and staff must sort items to determine what is personal property eligible for return.

Council moved and seconded the ordinance and approved it by unanimous vote. The city attorney read the ordinance title before the vote. Chief Blanco and staff said they will continue to emphasize humane engagement and coordination with social‑service partners prior to enforcement actions.