The San Mateo County Board of Supervisors unanimously approved an ordinance Jan. 23 requiring those sleeping in an encampment on the street or sidewalk in unincorporated areas to accept shelter when offered or else face a misdemeanor charge.

According to the ordinance—which requires a second reading before its adoption—those living on public property who have received two written warnings and refused shelter twice would be cited with a misdemeanor. Offenders can avoid the citation at any time by relocating, a county spokesperson confirmed with The Epoch Times.

For those who refuse to leave, they would automatically qualify for diversion programs offered by the San Mateo County Superior Court instead of possible jail time if arrested for violating the ordinance.

Their personal belongings would be stored by police to prevent theft, according to the ordinance.

“Think about this. Forty homeless people die in San Mateo County every year. ... That’s just not acceptable. As a society, we shouldn’t tolerate that,” Board President Warren Slocum, who co-authored the ordinance, said in an announcement after the vote.

Prior to the first written warning, county workers must conduct a medical and mental health screening of the homeless person in question, county officials said in their announcement. Encampments also cannot be dismantled without sufficient shelter space available for those displaced, they said.

The change would also help ensure individual rights are respected, according to officials, and will help avoid potential constitutional violations.

A San Mateo County sheriff deputy stands guard at a crime scene in Half Moon Bay, Calif., on Jan. 23, 2023. (Susana Bates/AFP via Getty Images)

“This requirement gives the County confidence it is on strong constitutional ground, unlike other jurisdictions that have made news for clearing encampments without a proper place for those individuals to go,” officials wrote in the recent announcement.

Officials cite a ruling in Martin v. Boise in which a U.S. Court of Appeals for the Ninth Circuit ruled cities and counties can’t enforce anti-camping laws if they have insufficient shelter beds for those displaced. They said the ruling is one reason for the new ordinance.

The U.S. Supreme Court recently agreed to hear a different, but similar case on the issue, with a ruling reportedly expected this summer.

Under the county ordinance, those who accept shelter will have their belongings itemized, photographed, and put in storage for 90 days. Also, a 72-hour posted notice is required before clearing encampments. Special needs such as pets, gender, sexual orientation, families, and age will also be considered for shelter placements, with women and families separated from single men.

Shelter stays would range from 90 to 120 days but could be extended, according to the ordinance. When placed, each person is also assigned a “case manager” to help them find permanent housing, and also to assist them in applying for General Assistance—a county cash aid program—disability insurance or in finding a job.

According to officials, the ordinance is intended as a last step in the county’s efforts to get homeless people off the streets.

A man carrying blueprints passes a homeless encampment in San Francisco, California on June, 27, 2016. (Josh Edelson/AFP/Getty Images)

“The hope is it will be a tool to help move individuals into shelter and will give us additional abilities to achieve our goals of reaching functional zero homelessness,” said Supervisor Dave Pine, who introduced the ordinance with Mr. Slocum, in the same announcement.

In unincorporated San Mateo County, in between San Francisco and San Jose, there are currently eight known encampments with around 44 homeless people, according to officials. Countywide, there are almost 1,700 homeless, with about half sheltered.

According to officials, each night there are between 15 to 30 beds unused in the county’s shelters. Those beds could increase, they said, as more hotels convert to temporary or permanent housing.

If fully approved in an upcoming meeting, a date of which has not been announced, the ordinance will take effect 30 days after its adoption and county staff will report back on progress in six months.