HomeMy WebLinkAboutRoll Call Training Bulletin 1.8.16
ROLL CALL TRAINING BULLETIN
FRESNO COUNTY SHERIFF-CORONER’S OFFICE
Bulletin #1 January 8, 2016 Margaret Mims
Volume 2016 SHERIFF-CORONER
Temporary Shelters
Purpose
The County of Fresno shall respond to complaints and concerns arising in and around the areas in
which individuals have erected temporary shelters. This will be done in a manner that protects the public
health, safety and welfare, and which complies with applicable state and federal law. All public streets and
public areas, including, but not limited to open space, sidewalks, parks, buildings, and easements within the
county should be easily accessible and available to residents and the public.
The use of these areas for camping purposes or storage of personal property interferes with the rights of
others to use the areas for which they were intended. The use of these areas for camping purposes or storage
of personal property may also be a public nuisance issue. The purpose of this guide is to assist in conserving
and maintaining public streets and public areas within the county in a clean and accessible condition.
Definitions
Temporary Shelters - a place with temporary accommodations consisting of huts, tents, or camp
paraphernalia including but not limited to tarpaulins, cots, beds, sleeping bags, hammocks or cooking
facilities and similar equipment.
Public Nuisance - A public nuisance is one which affects at the same time an entire community or
neighborhood, or any considerable number of persons, although the extent of the annoyance of damage
inflicted upon individuals may be unequal.
Streets - Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public
ways in this county which have been or may hereafter be dedicated and open to public use, or such other
public property so designated in any law of this state. This definition shall not include any streets, alleys or
roads which are within the boundaries of any incorporated city or town of this county unless specifically
included therein.
Sidewalks - Means hard surfaced construction such as concrete, asphalt or brick existing in that portion of a
street between the curb line and the adjacent property line intended for the use of pedestrians.
Public Areas - Means and includes, but is not limited to, any County owned or County maintained street,
alley, park, right-of-way, public parking area, vacant parcels, or other County owned or County maintained
place to which the public has access.
County Property - Means any improved or unimproved property owned or controlled by the County of
Fresno, including but not limited to all County owned or County leased buildings and grounds in use for
providing public services, any county park, square, street or green space.
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Encampments – Any collection of individuals and or temporary structures in the public or private space
that constitutes a public nuisance.
Patrol Procedures
When the Fresno County Sheriff’s Office receives a concern or a complaint regarding individuals who have
erected temporary shelters in areas of the County of Fresno the following procedures will be followed:
1. A call for service will be entered through dispatch. The call type will be listed as “H Camp”. The
deputy will respond and determine if a temporary shelter has been erected. The deputy will
determine if the individual that has erected the temporary shelter has any legal right or permission to
occupy the property.
2. If it is determined that an individual who has erected the temporary shelter has no legal right or
permission to occupy the property the deputy shall do the following:
A) Access STAR 2.0 – Administration – Civil – Homeless Encampments to check if the
encampment or area of the temporary shelter has been entered. If the encampment or
temporary shelter has not been entered, the deputy will advise the individuals that they
cannot legally remain on the property (refer to state code sections). The deputy will then
enter the encampment or temporary shelter information on STAR 2.0 (refer to attached
instructions). The deputy will then notify the Fresno County Sheriff’s Civil Unit via
email at Civil.Sheriff@fresnosheriff.org that a call for service was received and the
encampment or temporary shelter was entered into STAR 2.0.
B) If the encampment has been entered notify the Fresno County Sheriff’s Civil Unit via
email at Civil.Sheriff@fresnosheriff.org that a call for service was received for the
encampment or temporary shelter.
Civil Unit Procedures for Public Property Enforcement
When the Fresno County Sheriff’s Office Civil Unit receives information regarding a temporary shelter or
encampment, the Civil Unit will do the following:
1. Members of the Civil Unit will respond to the area of the temporary shelter or encampment.
2. A Civil Deputy will then initiate an incident report in NetRms. All documentation for the
temporary shelter or encampment will be listed in NetRms under assignment “Homeless
Encampment”. One case number will be used for all residents in the area of the shelters or
encampments.
3. The temporary shelters or encampment will be photographed and uploaded into NetRms.
4. The Civil Unit will then post and serve the residents of the temporary shelters or encampments a
“Notice of Trespass” form and ask them to vacate. This notice will be given a minimum of 7
days prior to the removal of any property or trash. After the 4th day of the original posting, the
Civil Unit will then post the “Notice of Trespass and Clean-Up” form. During the seven days the
Civil Unit will check on the visibility of all postings. All postings of notices will be
photographed and documented in NetRms.
5. All notices will be served by hand delivery, or their delivery of choice, to the organizations that
assist residents of temporary shelters within the geographic area the encampment is located.
6. The Civil Unit will work with local advocates and request their assistance prior to the removal of
any property. It will be the goal of the Sheriff’s Office to work with the advocates in providing
assistance to the residence of the temporary shelter or encampment.
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7. After the seventh day of the original posting, the Civil Unit will then respond for the clean-up of
the temporary shelters or encampments.
8. The Civil Unit will update STAR 2.0 on the progress of the encampment or temporary shelter.
Clean-Up of Temporary Shelters or Encampments
After the seven day written notice has expired, the Civil Unit will do the following:
1. A member of the Civil Unit will contact Public Works and arrange a clean-up day. Public Works
will bring the appropriate equipment to the site. Public Works may elect to contact Fresno
County Public Health and have them respond as well. This is important in situations where
disposal of human waste or other hazardous material will be a concern.
2. Deputies and members of the Civil Unit will be present at all times while Public Works is
assisting on the clean-up.
3. Members of the Civil Unit will identify residents and their property.
4. Cleanup personnel can immediately dispose of property that is clearly trash, unsanitary or a
danger to public health. Also, County personnel can ask homeless individuals what items they
want to keep and what items can be thrown away. If the property owner has agreed to throw
items away, those items will be photographed. The owner will then initial the box on the receipt
stating that they agreed to have those items thrown away.
5. All residents will be photographed along with their property and the photographs will be
uploaded to NetRms. The residents will then be given a written receipt listing a general
description of their property. The receipt will indicate the phone number to call to retrieve their
property. The Civil Unit will retain a copy of the receipt.
6. If a resident is not present on the day of the clean-up, their property will be collected and
photographed. A receipt and a notice of property storage will be posted in the same location
where the property was collected.
7. After a receipt is given, the property will then be wrapped and a copy of the receipt will be
attached to the wrapping.
8. Public works will then transport the property to the closest county yard or other county property.
With the assistance of the Civil Unit, the property will be secured in a locked Sea Train.
9. The Civil Unit will have primary responsibility for releasing property. Other members of the
Fresno County Sheriff’s Office may assist the Civil Unit in the releasing of property.
10. The property will be released by appointment only.
11. The property will be held and made available for a period of 90 days at no charge.
12. All property being released will be verified through the initial receipt and photographs taken
during initial clean-up.
13. If the resident does not have their receipt, the resident and their property will be identified
through photos in NetRms.
14. After the 90 days, all unclaimed property will be disposed of.
15. If the resident is in custody during the 90 days, the “in-custody” box will be marked on the initial
receipt. Arrangements can be made for a person of their choice to pick up their property.
Removal of homeless individuals and/or encampment cleanup activities shall not be conducted during
the hours of 2100 and 0600.
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Private Property Enforcement
The County will not respond to requests by private property owners, or owners of public property not owned
by the County, to remove junk, trash and/or other debris accumulated on private property unless a clean-up
effort has been approved, in advance, by the Fresno County Sheriff or person so designated by the Sheriff,
Director of Public Works or person so designated by the Director. If approval is granted, the request for
service will involve the removal of trash or debris that occurs within 200 feet of the temporary shelter or
encampment. The County will follow procedures set forth above.
Private Property Additional Procedures:
1. A Fresno County Code Enforcement Officer will accompany a member of the Civil Unit when
responding to Private Property complaints. The code enforcement officer will handle any code
enforcement regarding private property.
2. Before cleanup is initiated, a written consent form will be signed by the property owner or the
property owner’s authorized agent.
In the event a complaint about a homeless encampment located on private property is received, but the
private owner has provided consent for homeless individuals to remain on the property, no enforcement
action should be taken by the FSO. This matter should be pursued solely as a code enforcement action
based on the property owner’s continued maintenance of public nuisance and violation of other State codes
and County ordinances.
Trespass - The Sheriff’s Office can respond to a call regarding homeless individuals on private property as
a criminal trespass pursuant to Penal Code 602. A person who enters into possession or who remains in
possession without the consent of the owner of the property, the owner’s agent, other person in lawful
possession, in any noncommercial dwelling house, apartment, or other such place without the consent of the
owner, the owner’s agent, or the person in lawful possession, is guilty of a misdemeanor.
If a person is removed from private property under trespassing laws, their property must be dealt
with in the same manner listed above. If the person has a small amount of property that can easily be
booked, then an exception can be made.
Forms
All forms posted and given during the seven day process and the clean-up will be scanned and categorized
in NetRms.
Applicable Code Sections
P.C. 370 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction
to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire
community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any
public park, square, street, or highway, is a public nuisance.
P.C. 647(e) -Who lodges in any building, structure, vehicle, or place, whether public or private, without the
permission of the owner or person entitled to the possession or in control of it.
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647c - Every person who willfully and maliciously obstructs the free movement of any person on any street,
sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor.
County Ordinances
Chapter 10.30 - UNAUTHORIZED USE OF SHOPPING CARTS
10.30.010 - Definition.
"Shopping cart," as used in this chapter, means a device with wheels carrying a basket or other device
maintained by a dealer of merchandise upon his premises for the use of patrons or employees thereof to
collect merchandise from various locations within the premises and to transport the same to the cashier or
the patrons' means of removing the merchandise from the premises.
10.30.020 - Removal.
No person shall remove any shopping cart, shopping basket or other similar device from the premises or
parking area of any business establishment if such shopping cart, basket or device has securely affixed to it
a sign identifying it as belonging to such business establishment.
10.30.030 - Abandonment.
No person shall abandon or leave any such shopping cart, shopping basket or other similar device which has
been removed from the owner's premises upon any public street, alley, sidewalk, parkway or other public
place, or upon any private property except that of the owner of such cart, basket or device.
10.30.040 - Possession.
No person shall have in his possession any shopping cart, shopping basket or other similar device which has
been removed from the owner's premises and which, at the time of such removal, had securely affixed to it a
sign identifying it as belonging to a business establishment.
The provisions of this section shall not apply to possession by the owner, his agent or an employee of the
business, or to possession by a customer of the business possessing the written consent of the owner,
manager or authorized agent.
10.30.050 - Use.
No person shall use any shopping cart, shopping basket or other similar device for any purpose other than
that originally intended by such business without the owner's written consent.
10.30.060 - Alteration.
No person shall alter, convert or tamper with any shopping cart, shopping basket or other similar device or
remove any part thereof without the owner's written consent.
10.30.080 - Violation.
Violation of any of the provisions or the failure to comply with any of the mandatory requirements of this
chapter shall constitute an infraction.
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