Berkeley Occupation Update from Mike Zint

The previous post was a warm up for this one. Too poor to matter. I read authorized areas. Holy shit!

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Draft 4-17-18
P R O P O S E D
REGULATIONS FOR SITTING, LYING, DOGS and OBJECTS
ON SIDEWALKS AND IN PARKLETS
1) Purposes:
The purpose of these regulations is to ensure that everyone has access to, free
passage through, and use and enjoyment of Sidewalks and Parklets in Berkeley.
2) Protection of Constitutional Rights:
These Regulations shall be applied in such a manner that does not deprive any
person of rights protected by the California or Federal Constitutions, including
freedom of expression.
3) Definitions:
a) BART Access Corridor is a Sidewalk, including a wide plaza area, on the same
side of the street as a BART Station entrance, within 120 feet of such entrance.
b) Sidewalk is defined as provided in BMC Section 9.49.020 (I).
[“Sidewalk” is that area of improved real property between any curb face and the
property line of adjoining real property.]
c) Parklet is an improved area within the dedicated public right-of-way with seating,
tables, landscaping and other amenities, being used temporarily for the
enjoyment and use of all citizens.
d) Objects include any item or thing, attended or unattended, but does not include
animals or persons.
e) Objects in Transit are Objects placed temporarily on a Sidewalk, for up to an
hour, in the actual course of receipt, removal or delivery, and include, but are not
limited to, goods, wares, merchandise, containers, and suitcases.
f) Authorized Objects are Objects the Berkeley Municipal Code specifically
permits on Sidewalks or in other public locations. [These include newspaper
racks, parking meters, bike racks, bus benches and shelters, mail boxes, etc.]
g) Path of Travel is an area that must be kept unobstructed for free passage, as
follows:
i) For Sidewalks which measure 14 feet or less in width, the Path of Travel is 6-
feet wide;
ii) For Sidewalks which measure greater than 14 feet in width, the Path of Travel
is 10-feet wide.

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Draft 4-17-18
h) Commercial Districts are Districts designated on the City of Berkeley’s official
Zoning Map with a “C” prefix.
i) Residential Districts are Districts designated on the City of Berkeley’s official
Zoning Map with an “R” prefix.
j) Manufacturing Districts are Districts designated on the City of Berkeley’s
official Zoning Map with an “M” prefix.
4) Storage Facilities:
The City shall provide one or more public storage facilities to securely store personal
belongings in an area or areas with concentrations of unhoused individuals.
5) Information:
The City shall ensure that fliers, posters or other materials are available for
dissemination in Commercial Zones, informing the public of rules and regulations for
Sidewalks and Parklets. These materials may be produced by the City or by
community partners, and shall be periodically updated. The City may also post fixed
signage informing the public of these regulations.
6) Objects – Residential Districts:
a) Except for Authorized Objects and Objects in Transit, Objects are prohibited on
Sidewalks in Residential Districts.
7) Objects – Commercial and Manufacturing Districts:
a) Objects, other than Authorized Objects:
i) May not be placed in Parklets
ii) May not be placed in the Path of Travel
b) Other than Objects in Transit or Authorized Objects, Objects on Sidewalks shall
not expand beyond a 9-square foot footprint (measured as 3 x 3, 4 x 2.25, 9×1,
etc.).
c) Objects on Sidewalks cannot obstruct traffic, pedestrian or other signs authorized
by law.
d) Other than Authorized Objects or Objects in Transit, no Objects shall be placed
on any Sidewalk directly in front of a building entrance, from the entrance face to
the edge of the Sidewalk, except between the hours of 10:00 pm and 7:00 am.
e) Other than Authorized Objects or Objects in Transit, no objects shall be placed
on any Sidewalk area three feet to either side of a building entrance, from the
building wall to the edge of the Sidewalk, except between 10:00 pm and 7:00 am.

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Draft 4-17-18
f) Objects must not interfere with normal access to or use of Authorized Objects or
with wheelchair ramps, driveways, or crosswalks.
8) Sitting:
Sitting is allowed on all Sidewalks and in Parklets at all times, except in the Path of
Travel.
9) Lying: Sleep is a fundamental human right and necessity, and Berkeley must provide space
for individuals to lie down at all times. Lying is permitted in all City of Berkeley Parks
during open hours, which are posted at each park.
Except in the case of a medical emergency, lying is prohibited:
i) In BART Access Corridors. The City shall post signage announcing
restrictions on lying in BART Access Corridors.
ii) On Sidewalks in all Residential and Mixed Use Residential (MUR) Districts;
iii)On Sidewalks in all Commercial Districts and in the Manufacturing (M), Mixed
Manufacturing (MM) and Mixed-Use Light Industrial Zones (MULI) between
the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday, and 10 a.m.
and 6:00 p.m. on Sundays and holidays. (Lying is permitted in these locations
from 10:00 p.m. and 7:00 a.m. Monday through Saturday, and 6:00 p.m.
Sunday to 7:00 a.m. Monday.)
iv)Within the Path of Travel.
10)Cushioning Material: a) Cushioning Material for sitting or lying in compliance with this ordinance is limited
to pads, folded blankets, mats or other material providing insulation or cushioning
while an individual is seated or lying.
b) Cushioning Material shall not expand beyond what is reasonably needed while
seated or lying, and shall be removed when not in use.
c) When being used for sitting or lying in compliance with this ordinance,
Cushioning Material may exceed or be non-contiguous with the allowed 9 square
foot footprint for Objects, but must maintain the Path of Travel.
11)Dogs:
No more than two stationary dogs shall be permitted in any 10-foot area on
Commercial Sidewalks or in Parklets, except for guide dogs, signal dogs or service
dogs, as provided by state law. [Same as current]

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Draft 4-17-18
12)Enforcement:
Ensuring broad public access to and use of Sidewalks and Parklets is the purpose of
these regulations. Enforcement must support this purpose while minimizing the
potential for criminalization.
a) Objects and Cushioning Materials:
i) If, based on complaints, direct observation or referrals, City staff become
aware that Objects or Cushioning Materials are placed in a location or
manner in violation of these or other regulations, notice shall be provided
stating the City’s regulations and the corrective action requested. If Objects or
Cushioning Materials are unattended notice shall be posted on or directly
adjacent to such Objects or Cushioning Materials.
ii) Depending on the impacts of the violation, notice shall state whether
corrective action must be taken immediately, or may specify any time period,
up to 1 hour, for Objects or Cushioning Material to be moved and brought into
compliance with these regulations.
iii) Failure to comply with actions requested in the notice within the time period
specified will result in Objects or Cushioning Material being moved by the City
to either:
(1) Conform with the City’s regulations (moved out of the Path of Travel, for
example); or
(2) For later retrieval, according to the protocols for Storage of Unattended
Property specified in the City of Berkeley’s Administrative Regulation 10.1.
iv) If Objects have been in the same location for more than 3 days and other
applicable criteria, if any, are met, Berkeley’s Encampment Response Policy
may apply. [Encampment Response Policy will be concurrently adopted]
b) Sitting and Lying Down:
i) If, based on complaints, direct observation, or referrals, City staff become
aware that an individual is sitting in the Path of Travel or lying at a location or
time that is not permitted by these or other regulations, notice shall be
provided to such individual, stating the City’s regulations and the corrective
action requested.
ii) If the individual does not come into compliance after being provided with
notice and a reasonable opportunity to comply, a Citation may be issued.
iii) Violations shall be charged as infractions, and not as misdemeanors.
iv) Fines for an infraction charged under this Section shall not exceed $100.

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Draft 4-17-18
v) [Concept in development] The City may waive fines for an infraction charged
under this Section if the individual fined elects to access and receive specified
homeless services or to perform specified community service [program to be
determined]. For fines to be waived and the infraction to be cleared, written
verification of performance is required.
vi) If an individual has been inhabiting a specific Sidewalk location for more than
3 days and other applicable criteria, if any, are met, Berkeley’s Encampment
Response Policy may apply.
c) Dogs:
i) If more than two stationary dogs are within a ten-foot area on a Sidewalk in a
Commercial District or in a Parklet, notice shall be provided to the individual
or individuals in control of such dogs, stating the City’s regulations and the
corrective action requested.
ii) If an individual does not comply, after being provided with notice and a
reasonable opportunity, a Citation may be issued.
iii) Violations shall be charged as infractions, and not as misdemeanors.
iv) Fines for an infraction charged under this Section shall not exceed $100.

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