YUBA CITY, CA (MPG) - Amid rising public safety concerns, the Sutter County Board of Supervisors on Aug. 12 proposed advancing revisions to its county code to address unauthorized camping and storage of personal property on public and private lands. 

Deputy County Administrator Laura Granados introduced changes to the code aimed at clarifying prohibited conduct and enhancing enforcement tools.

“Sutter County, along with other jurisdictions in the Sutter-Yuba region, have experienced a striking increase in camping and storage of personal property in unauthorized areas,” Granados said.

Recent changes in federal and state policy have strengthened Sutter County’s authority to remove individuals violating local laws, including those prohibiting camping in public spaces. The U.S. Supreme Court’s Grants Pass v. Johnson decision on June 28, 2024, reversed prior Ninth Circuit precedent that restricted enforcement of public camping bans under the Eighth Amendment (cruel and unusual punishment), even against involuntarily homeless individuals.

Governor Gavin Newsom followed the decision with Executive Order N-1-24, giving cities and counties broader authority to regulate encampments for public health and safety. The order includes a model ordinance and emphasizes constitutional safeguards, such as advance notice and coordination with service providers. 

The proposed amendments, recommended by the Sutter County Sheriff’s Office and County Counsel, align with the new legal framework, aiming to balance individual rights with public safety and environmental protection, Granados said.

The changes in the code allow violations to be classified as either infractions or misdemeanors, based on whether a warning was previously issued. The ordinance also clarifies procedures for the storage and impoundment of personal property, specifying that relocating items within 100 yards on the same property does not constitute removal.

These updates are designed to uphold constitutional safeguards while enabling timely enforcement to mitigate hazardous conditions associated with unpermitted camping and storage, Sutter County officials said.

Granados said a recent high-water event forced emergency evacuations along the Feather River and left behind trash, personal property and hazardous materials that cost Sutter County an estimated $250,000 in cleanup. She also noted the ongoing regional efforts to align intervention and enforcement efforts.

“Sutter County, along with Yuba County and the cities of Live Oak, Yuba City, Marysville, Wheatland and various non-profit and faith-based organizations are working together to enhance and coordinate all aspects of intervention activities and enforcement response to the hazardous condition created by unpermitted camping and storage of personal property in areas that are not appropriate or safe to conduct those activities,” Granados said. “The proposed amendments refine the for better enforcement of the overall effort to protect citizens from these hazardous conditions. 

Supervisor Mike Ziegenmeyer, who moved to advance the amendments, voiced firm backing of the collaborative approach to tackling homelessness and the expanded authority the ordinance would provide. 

“Here are more tools to enforce it,” Ziegenmeyer said.

The proposed amendment prohibits storing personal property, including junk, trash, debris and biological hazards that pose safety and sanitation concerns in parks, trails or anywhere that impedes passage on public streets, sidewalks and alleys. The ordinance applies to both public spaces and private property when done without the owner’s permission.

The Sutter County Board of Supervisors have set Aug. 26 public hearing for the second reading and final adoption of the ordinance. No public testimony was heard at the first reading.