Policy Text
Roll Call Training Bulletin
Produced b y: Lieutenant Greg Galliano, Professional Standards Unit Katherine Lester , Chief of Police
Prepared by: Officer Jeff Kuhlmann , PSU Volume 119
Enforcement Guidelines - Sidewalk Ordinance
11-8-2022
INTRODUCTION:
On Sept. 23rd, 2022 , the City of Sacramento amended Chapter 12.24 of the Sacramento City Code relating to
sidewalk obstructions and pedestrian interference. Upon the amendment, there has been a month -long
education al campaign conducted by the Department of Co mmunity Response (DCR) to people experiencing
homelessness in our community.
This update increase s the violation to a misdemeanor and protects people’s rights to safely travel along
sidewalks by providing at least four feet (4’) of space for pedestrians and cyclists to pass . In addition, it
requires four feet (4’) of space around e ntrances and exits of businesses.
DEFINITIONS:
Sidewalk: Per City Code, a sidewalk is defined as the p ortion o f the public right -of-way, including any
landscaped areas, between a building or other property and the roadway, set apart for pedestrian travel by
curbs, barriers, markings, or other delineation. This includes manicured landscaped areas commonly r eferred
to as “mow strips.”
Immediate threat to the public health, safety, and welfare : Per City Code, the City Manager may enforce
certain violations, without notice, in the event of an immediate threat to the public health, safety, or welfare.
An immedi ate threat is defined as a situation that causes, or is likely to cause, serious injury, harm, or
impairment to or the death of an individual. The following are examples of when enforcement of the Ordina nce
may occur without notice :
• Items which pose extrem e fire danger.
• Individuals or items which block the ingress and egress of first responders.
• Items which are substantial transmitters of communicable disease.
Evasive Action : Per City Code, prior to en forcement, a person or driver of a vehicle is require d to have taken
evasive action to avoid physical contact with an encampment . An unwillingness to walk past items or
individuals is not sufficient. Whether an evasive action is present will be determined on a case -by-case basis.
ENFORCEMENT:
The enforcement of this ordinance requires a detailed understanding of the procedures necessary to ensure
proper response to each case. The procedure s emphasize voluntary compliance and providing people
experiencing homelessness with resources.
A. PRE-PLANNED/SCHEDULED ENFORCEMENT - A City department or employee receives a complaint,
and the violation does not pose an immediate public health or safety risk.
Roll Call Trainin g Bulletin
Produced b y: Lieutenant Greg Galliano, Professional Standards Unit Katheri ne Lester , Chief of Police
Prepared by: Officer Jeff Kuhlmann , PSU Volume 119
ENFORCEMENT STEPS:
1. Contact DCR via 311 - Inform of the nature of the complaint, all relevant details (location a nd risk
factors)
▪ DCR will develop a weekly schedule for outreach field teams to seek voluntary compliance for
relocation and offer services to people who are in violation of the Side walk Ordinance.
2. If voluntary compliance is not met, DCR shall re fer the complaint to SPD through the 311 system
or at weekly coordination meetings to the Impact Team after reasonable outreach efforts have
been made .
3. Once the complaint is received , the Impact Team shall :
▪ Visit the location with DCR and attempt to gain volu ntary compliance to relocate, clear 4 feet of
space and offer services.
▪ If voluntary compliance fails, the Impact Team shall post and photo graph (BWC acceptable ) a
written notice o f abatement a t the location where the violation is occurring, providing no les s than
24 hours’ notice.
▪ Once notice has passed, officers may abate the violation by removal of the items or individuals from
the location. Special attention must be given to it ems constituting life-necessities
▪ If enforcement action is taken, a writte n crime report is required, and the case shall be closed in the
311 system.
B. PROACTIVE ENFORCMENT (non -planned) – An employee receives a complaint in the field or observes
a violation of the Sidewalk Ordinance in the course of their dutie s shall de termine whether the violation
poses an immediate risk to public health and safety.
ENFORC EMENT STEPS:
1. If the violation does not pose an immediate risk to public health and safety :
▪ Request voluntary compliance and if met with non -compliance , contact DCR via 311 so that
outreach can be scheduled as a first response and, if attempts to gain voluntary compliance and
offer of services are unsuccessful, subse quent enforcement can be scheduled.
2. If the violation poses an immed iate risk to public health and safet y:
▪ Request voluntary compliance for the person offending to move their property .
▪ If met with non -comp liance:
a. Abate the violation by conducting a custodial misdemeanor arrest for SCC 12.24.020 as the
crime is likely to continue .
b. Remove the offending individ ual(s) and/or items, by booking at the individual’s property at SPD
Property. Garbage may be dispos ed of with coordination with the Impact Team and