{"id":8416,"date":"2018-04-20T12:00:54","date_gmt":"2018-04-20T19:00:54","guid":{"rendered":"http:\/\/occupysf.net\/?p=8416"},"modified":"2018-04-20T12:00:54","modified_gmt":"2018-04-20T19:00:54","slug":"berkeley-occupation-update-from-mike-zint-2","status":"publish","type":"post","link":"http:\/\/occupysf.net\/index.php\/2018\/04\/20\/berkeley-occupation-update-from-mike-zint-2\/","title":{"rendered":"Berkeley Occupation Update from Mike Zint"},"content":{"rendered":"

\"\"<\/a><\/p>\n

The previous post was a warm up for this one. Too poor to matter. I read authorized areas. Holy shit!<\/p>\n

1
\nDraft 4-17-18
\nP R O P O S E D
\nREGULATIONS FOR SITTING, LYING, DOGS and OBJECTS
\nON SIDEWALKS AND IN PARKLETS
\n1) Purposes:
\nThe purpose of these regulations is to ensure that everyone has access to, free
\npassage through, and use and enjoyment of Sidewalks and Parklets in Berkeley.
\n2) Protection of Constitutional Rights:
\nThese Regulations shall be applied in such a manner that does not deprive any
\nperson of rights protected by the California or Federal Constitutions, including
\nfreedom of expression.
\n3) Definitions:
\na) BART Access Corridor is a Sidewalk, including a wide plaza area, on the same
\nside of the street as a BART Station entrance, within 120 feet of such entrance.
\nb) Sidewalk is defined as provided in BMC Section 9.49.020 (I).
\n[“Sidewalk” is that area of improved real property between any curb face and the
\nproperty line of adjoining real property.]
\nc) Parklet is an improved area within the dedicated public right-of-way with seating,
\ntables, landscaping and other amenities, being used temporarily for the
\nenjoyment and use of all citizens.
\nd) Objects include any item or thing, attended or unattended, but does not include
\nanimals or persons.
\ne) Objects in Transit are Objects placed temporarily on a Sidewalk, for up to an
\nhour, in the actual course of receipt, removal or delivery, and include, but are not
\nlimited to, goods, wares, merchandise, containers, and suitcases.
\nf) Authorized Objects are Objects the Berkeley Municipal Code specifically
\npermits on Sidewalks or in other public locations. [These include newspaper
\nracks, parking meters, bike racks, bus benches and shelters, mail boxes, etc.]
\ng) Path of Travel is an area that must be kept unobstructed for free passage, as
\nfollows:
\ni) For Sidewalks which measure 14 feet or less in width, the Path of Travel is 6-
\nfeet wide;
\nii) For Sidewalks which measure greater than 14 feet in width, the Path of Travel
\nis 10-feet wide.<\/p>\n

2
\nDraft 4-17-18
\nh) Commercial Districts are Districts designated on the City of Berkeley\u2019s official
\nZoning Map with a \u201cC\u201d prefix.
\ni) Residential Districts are Districts designated on the City of Berkeley\u2019s official
\nZoning Map with an \u201cR\u201d prefix.
\nj) Manufacturing Districts are Districts designated on the City of Berkeley\u2019s
\nofficial Zoning Map with an \u201cM\u201d prefix.
\n4) Storage Facilities:
\nThe City shall provide one or more public storage facilities to securely store personal
\nbelongings in an area or areas with concentrations of unhoused individuals.
\n5) Information:
\nThe City shall ensure that fliers, posters or other materials are available for
\ndissemination in Commercial Zones, informing the public of rules and regulations for
\nSidewalks and Parklets. These materials may be produced by the City or by
\ncommunity partners, and shall be periodically updated. The City may also post fixed
\nsignage informing the public of these regulations.
\n6) Objects \u2013 Residential Districts:
\na) Except for Authorized Objects and Objects in Transit, Objects are prohibited on
\nSidewalks in Residential Districts.
\n7) Objects – Commercial and Manufacturing Districts:
\na) Objects, other than Authorized Objects:
\ni) May not be placed in Parklets
\nii) May not be placed in the Path of Travel
\nb) Other than Objects in Transit or Authorized Objects, Objects on Sidewalks shall
\nnot expand beyond a 9-square foot footprint (measured as 3 x 3, 4 x 2.25, 9×1,
\netc.).
\nc) Objects on Sidewalks cannot obstruct traffic, pedestrian or other signs authorized
\nby law.
\nd) Other than Authorized Objects or Objects in Transit, no Objects shall be placed
\non any Sidewalk directly in front of a building entrance, from the entrance face to
\nthe edge of the Sidewalk, except between the hours of 10:00 pm and 7:00 am.
\ne) Other than Authorized Objects or Objects in Transit, no objects shall be placed
\non any Sidewalk area three feet to either side of a building entrance, from the
\nbuilding wall to the edge of the Sidewalk, except between 10:00 pm and 7:00 am.<\/p>\n

3
\nDraft 4-17-18
\nf) Objects must not interfere with normal access to or use of Authorized Objects or
\nwith wheelchair ramps, driveways, or crosswalks.
\n8) Sitting:
\nSitting is allowed on all Sidewalks and in Parklets at all times, except in the Path of
\nTravel.
\n9) Lying: Sleep is a fundamental human right and necessity, and Berkeley must provide space
\nfor individuals to lie down at all times. Lying is permitted in all City of Berkeley Parks
\nduring open hours, which are posted at each park.
\nExcept in the case of a medical emergency, lying is prohibited:
\ni) In BART Access Corridors. The City shall post signage announcing
\nrestrictions on lying in BART Access Corridors.
\nii) On Sidewalks in all Residential and Mixed Use Residential (MUR) Districts;
\niii)On Sidewalks in all Commercial Districts and in the Manufacturing (M), Mixed
\nManufacturing (MM) and Mixed-Use Light Industrial Zones (MULI) between
\nthe hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday, and 10 a.m.
\nand 6:00 p.m. on Sundays and holidays. (Lying is permitted in these locations
\nfrom 10:00 p.m. and 7:00 a.m. Monday through Saturday, and 6:00 p.m.
\nSunday to 7:00 a.m. Monday.)
\niv)Within the Path of Travel.
\n10)Cushioning Material: a) Cushioning Material for sitting or lying in compliance with this ordinance is limited
\nto pads, folded blankets, mats or other material providing insulation or cushioning
\nwhile an individual is seated or lying.
\nb) Cushioning Material shall not expand beyond what is reasonably needed while
\nseated or lying, and shall be removed when not in use.
\nc) When being used for sitting or lying in compliance with this ordinance,
\nCushioning Material may exceed or be non-contiguous with the allowed 9 square
\nfoot footprint for Objects, but must maintain the Path of Travel.
\n11)Dogs:
\nNo more than two stationary dogs shall be permitted in any 10-foot area on
\nCommercial Sidewalks or in Parklets, except for guide dogs, signal dogs or service
\ndogs, as provided by state law. [Same as current]<\/p>\n

4
\nDraft 4-17-18
\n12)Enforcement:
\nEnsuring broad public access to and use of Sidewalks and Parklets is the purpose of
\nthese regulations. Enforcement must support this purpose while minimizing the
\npotential for criminalization.
\na) Objects and Cushioning Materials:
\ni) If, based on complaints, direct observation or referrals, City staff become
\naware that Objects or Cushioning Materials are placed in a location or
\nmanner in violation of these or other regulations, notice shall be provided
\nstating the City\u2019s regulations and the corrective action requested. If Objects or
\nCushioning Materials are unattended notice shall be posted on or directly
\nadjacent to such Objects or Cushioning Materials.
\nii) Depending on the impacts of the violation, notice shall state whether
\ncorrective action must be taken immediately, or may specify any time period,
\nup to 1 hour, for Objects or Cushioning Material to be moved and brought into
\ncompliance with these regulations.
\niii) Failure to comply with actions requested in the notice within the time period
\nspecified will result in Objects or Cushioning Material being moved by the City
\nto either:
\n(1) Conform with the City\u2019s regulations (moved out of the Path of Travel, for
\nexample); or
\n(2) For later retrieval, according to the protocols for Storage of Unattended
\nProperty specified in the City of Berkeley\u2019s Administrative Regulation 10.1.
\niv) If Objects have been in the same location for more than 3 days and other
\napplicable criteria, if any, are met, Berkeley\u2019s Encampment Response Policy
\nmay apply. [Encampment Response Policy will be concurrently adopted]
\nb) Sitting and Lying Down:
\ni) If, based on complaints, direct observation, or referrals, City staff become
\naware that an individual is sitting in the Path of Travel or lying at a location or
\ntime that is not permitted by these or other regulations, notice shall be
\nprovided to such individual, stating the City\u2019s regulations and the corrective
\naction requested.
\nii) If the individual does not come into compliance after being provided with
\nnotice and a reasonable opportunity to comply, a Citation may be issued.
\niii) Violations shall be charged as infractions, and not as misdemeanors.
\niv) Fines for an infraction charged under this Section shall not exceed $100.<\/p>\n

5
\nDraft 4-17-18
\nv) [Concept in development] The City may waive fines for an infraction charged
\nunder this Section if the individual fined elects to access and receive specified
\nhomeless services or to perform specified community service [program to be
\ndetermined]. For fines to be waived and the infraction to be cleared, written
\nverification of performance is required.
\nvi) If an individual has been inhabiting a specific Sidewalk location for more than
\n3 days and other applicable criteria, if any, are met, Berkeley\u2019s Encampment
\nResponse Policy may apply.
\nc) Dogs:
\ni) If more than two stationary dogs are within a ten-foot area on a Sidewalk in a
\nCommercial District or in a Parklet, notice shall be provided to the individual
\nor individuals in control of such dogs, stating the City\u2019s regulations and the
\ncorrective action requested.
\nii) If an individual does not comply, after being provided with notice and a
\nreasonable opportunity, a Citation may be issued.
\niii) Violations shall be charged as infractions, and not as misdemeanors.
\niv) Fines for an infraction charged under this Section shall not exceed $100.<\/p>\n","protected":false},"excerpt":{"rendered":"

The previous post was a warm up for this one. Too poor to matter. I read authorized areas. Holy shit! 1 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… Continue reading → <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/8416"}],"collection":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/comments?post=8416"}],"version-history":[{"count":1,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/8416\/revisions"}],"predecessor-version":[{"id":8417,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/8416\/revisions\/8417"}],"wp:attachment":[{"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/media?parent=8416"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/categories?post=8416"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/tags?post=8416"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}