BUENA PARK : Parks Left Out of Ban on Camping

An ordinance that would ban camping and storage of personal property on public land moved forward this week, but the proposal omits city parks, where camping would continue to be allowed with a permit.

Otherwise, the wording of the ordinance is “substantially similar” to that of a controversial anti-camping law that recently withstood a challenge in the California Supreme Court, Deputy City Atty. D. Craig Fox wrote in a memo to the City Council.

That ordinance was challenged by advocates for the homeless, who said the ban was unconstitutional.

Police Chief Richard M. Tefank said city attorneys who drafted the new law did not include city parks.

Scouts and other youth groups regularly sleep over in parks during the summer.

“The ordinance really only pertains to people ready to erect a tent and set up camp in public rights-of-way,” he said.

The five-member council agreed unanimously at Monday’s meeting to introduce the ordinance at its Dec. 18 meeting.

But several members expressed concern that the law would not apply to private parking lots, such as those of large stores, where the homeless frequently camp.

Tefank said officials are working on a zoning ordinance that would target private property owners for allowing such camping or neglecting to do anything about it.

And the police can force people off private property with the permission of the property owner, he said.

For example, he said, a homeowner complained last week because someone had built a treehouse near his property and appeared to have taken up residence there.

“So we went there Monday and evicted him from his tree,” Tefank said.