The Supreme Court widened what cities may enforce on public land. Here is what Bakersfield, Kern County and Shafter have adopted, and the lawful tools owners have on private property.
The Bakersfield homeless encampment ordinance, Municipal Code Chapter 9.70 as rewritten by Ordinance 5189 in 2024, makes it unlawful to camp or sleep outdoors on city-owned public property, including parks, sidewalks and city parking lots. Kern County enforces a separate 2021 ordinance, amended in 2024, in unincorporated areas. Both operate after the U.S. Supreme Court’s June 28, 2024 Grants Pass ruling. Private commercial property is handled through trespass law.
Key takeaways
- On June 28, 2024, the U.S. Supreme Court ruled 6-3 in City of Grants Pass v. Johnson that enforcing general public-camping bans is not cruel and unusual punishment. The ruling ended the Ninth Circuit’s shelter-bed test from Martin v. Boise.
- Bakersfield Municipal Code section 9.70.030, which the code credits to Ordinance 5189 (2024), bans camping on any city public property and sleeping outdoors in parks, on sidewalks and in city-owned parking lots and structures.
- Kern County amended its 2021 anti-encampment ordinance in January 2024 to create Special Enforcement Zones, where camps can be removed without the usual 72-hour notice. The change took effect Feb. 10, 2024.
- Kern County’s 2026 Point-in-Time Count found 2,690 people experiencing homelessness, up 3.2% from 2025, with about 54% unsheltered.
- Under Penal Code 602(o), a commercial owner can file one notarized request that lets police remove trespassers for up to 12 months when the property is closed to the public and posted.
Encampment rules in Bakersfield and Kern County at a glance
| Item | Detail |
|---|---|
| Court decision | City of Grants Pass v. Johnson, U.S. Supreme Court No. 23-175, decided June 28, 2024 (6-3) |
| City of Bakersfield | Municipal Code Chapter 9.70, Sleeping in Public Places; section 9.70.030 credited to Ordinance 5189 (2024) |
| Kern County (unincorporated) | Anti-encampment ordinance approved Nov. 9, 2021; Special Enforcement Zone amendments effective Feb. 10, 2024 |
| Other Kern cities | Shafter Ordinance 784, passed 4-0 in late summer 2026 |
| State policy | Executive Order N-1-24 (July 25, 2024) for state agencies; voluntary model ordinance released May 12, 2025 |
| Private property tool | Penal Code 602(o): notarized request letting police remove trespassers, up to 12 months |
| Scale | 2,690 people counted in Kern County in the 2026 Point-in-Time Count, about 54% unsheltered |
| Status | City and county ordinances in force; state model is advisory, not mandatory |
| What to watch | Whether Kern County keeps its shelter-availability condition, Shafter-style ordinances in other cities, the 2027 count |
What did the Supreme Court decide in Grants Pass, and what did it leave open?
The Court held that enforcing general public-camping bans does not violate the Eighth Amendment, and it left states and cities free to choose how far to go. Grants Pass, Oregon, fined people for camping on public property, with park exclusion orders and up to 30 days in jail for repeat violations. The Ninth Circuit, which covers California, had held under Martin v. Boise that such laws could not be enforced against homeless people when they outnumbered practically available shelter beds.
On June 28, 2024, the Supreme Court reversed. Justice Gorsuch wrote for a 6-3 majority that “the enforcement of generally applicable laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment,” according to the opinion syllabus. Justice Sotomayor dissented, joined by Justices Kagan and Jackson.
The ruling is permissive, not mandatory. The Court wrote that cities and counties remain free to decline “to criminalize public camping altogether.” It addressed only the Eighth Amendment, so challenges under state law, disability law and property-seizure rules remain, and how a city clears a camp still matters.
For commercial owners, the key point is that Grants Pass concerns public land. Camps on private property were never protected by Martin v. Boise. Trespass and nuisance law govern them, as covered below.
What has California done since the Grants Pass ruling?
California has encouraged local action without requiring it. On July 25, 2024, Gov. Gavin Newsom signed Executive Order N-1-24. It directs state agencies to adopt encampment policies modeled on Caltrans practice, including advance notice of a clearance, coordination with service providers and storage of collected personal property for at least 60 days. The governor’s office said the order “encourages local governments” to follow the state’s approach. It does not bind cities or counties.
On May 12, 2025, the governor released a model encampment ordinance for local governments, alongside $3.3 billion in Proposition 1 behavioral health funding. The release said the provisions “may be modified based on local need.” In August 2025, the governor also convened a statewide task force focused on clearing encampments and accelerating care.
Key provisions of California’s 2025 model encampment ordinance (advisory)
| Provision | What the model text says |
|---|---|
| Persistent camping | No camping on public property for more than three consecutive days or nights in the same location, defined as within 200 feet |
| Sidewalk access | No sitting, sleeping, lying or camping on a street, road, bike path or sidewalk in a way that impedes passage under the ADA |
| Structures | No semi-permanent structures on public property, such as hand-built sheds or structures with heavy roofing |
| Notice | Post a notice to vacate at least 48 hours before enforcement, except in exigent circumstances |
| Shelter offer | Make every reasonable effort to identify and offer shelter and supportive services before clearing |
| Penalties | Not specified in the model text; left to each jurisdiction |
Local reaction in Kern was measured. Jim Wheeler of Flood Ministries told 23ABC that “the governor’s release does not impact what we’re already doing in Bakersfield or Kern County.” A Bakersfield Police sergeant said it would give “more legal authority” but that “the groundwork would still be the same,” according to 23ABC’s May 13, 2025 report.
What does the Bakersfield homeless encampment ordinance prohibit?
The ordinance bars camping and outdoor sleeping on city property. Bakersfield’s rule is Municipal Code Chapter 9.70, titled Sleeping in Public Places. Section 9.70.030 makes it unlawful to camp, or to put up or keep any tent, trailer, motorhome, camper or other shelter for camping or sleeping, on any public property of the city. It also makes it unlawful to sleep outdoors on any public property, “including city parks, sidewalks, or city-owned parking lots and parking structures.” The code lists Ordinance 5189 (2024) as the source of the current text.
The city’s purpose section says the chapter keeps public places “clean, sanitary and accessible” and is not meant to interfere with lawful uses of public or private property. It regulates city property. It is not a tool for clearing private parcels.
The city already limited camping before Grants Pass. In 2021, then City Manager Christian Clegg told 23ABC the city had “ordinances that prohibit camping in parks or camping in sidewalks” and gave people in encampments 72 hours’ notice. Ordinance 5189 broadened the text to all public property and to outdoor sleeping generally.
How does enforcement work in practice?
Enforcement is usually a joint operation. In an April 2025 riverbed operation, Bakersfield Police, code enforcement, fire investigators, county probation and mental health staff removed 31 encampments and more than 68 tons of trash and made 28 arrests. Three people accepted shelter placements through Flood Ministries, Bakersfield Now reported.
Are other Kern cities adopting their own rules?
Yes. Shafter passed Ordinance 784, regulating sleeping and camping in public places, on a 4-0 vote, Bakersfield Now reported on Sept. 2, 2026. Police said enforcement would start with a verbal warning, followed by a citation on a second contact. A third contact could lead to an arrest. Rules differ city by city.
How does Kern County regulate encampments in unincorporated areas?
Kern County bans camping that blocks access and limits camping near sensitive sites, with tougher removal rules in designated zones. The Board of Supervisors unanimously approved its anti-encampment ordinance on Nov. 9, 2021, according to 23ABC. As proposed, it barred camping that obstructs access, camping within 500 feet of K-12 schools, daycares, youth centers and libraries, and camping within 10 feet of a curb next to residential zoning. It also barred storing belongings in public areas such as sidewalks, parks, underpasses and riverbeds, per the SJV Sun. Press accounts differ slightly on the list of protected sites.
The 2021 ordinance also “precludes the enforcement” if no shelter space exists, a condition written in the Martin v. Boise era. It came with an $8 million package, KVPR reported. That package included $4 million for joint enforcement by code officers, park rangers and maintenance crews, $2.5 million for outreach with Bakersfield Police and $1.8 million to expand the Kern Behavioral Health and Recovery Services Mobile Evaluation Team.
In January 2024, supervisors amended the ordinance. Starting Feb. 10, 2024, camps inside a designated “Special Enforcement Zone” can be removed immediately without the usual 72-hour notice. A zone can be created where camping within 500 feet of a location threatens public health, safety or welfare. Senior centers were added to the protected list, and the area around the Oildale supportive housing village next to the Rasmussen Senior Center became the first zone, Bakersfield Now reported.
No post-Grants Pass amendment removing the shelter-availability condition has been reported.
How many people are homeless in Kern County?
The Bakersfield-Kern Regional Homeless Collaborative’s 2026 Point-in-Time Count found 2,690 people experiencing homelessness countywide, a 3.2% increase from 2025, with about 54% unsheltered, Bakersfield Now reported. Bakersfield had more than 1,000 people counted. Oildale’s unsheltered count rose from 102 in 2025 to 181 in 2026.
Carlos Baldovinos of the Mission at Kern County said the numbers over the last three years have been “very flat.” Annual reports back to 2020 are on the collaborative’s report page. Point-in-time counts are one-night snapshots.
What can commercial property owners do about encampments legally?
Owners have more tools on private land than on the public sidewalk out front. The goal is to discourage trespass, document it and give police a legal basis to act, while treating people humanely.
How does a Penal Code 602(o) trespass request work?
Penal Code 602(o) makes it a misdemeanor to refuse to leave property that is not open to the general public after being asked by the owner, the owner’s agent or a peace officer acting at the owner’s request. Normally the owner must make a separate request each time. Two exceptions allow a standing request:
- A single notarized request on the police agency’s form can cover up to 12 months when the premises are closed to the public and posted as closed.
- A notarized request can also cover a period of fire hazard or owner absence, up to the shorter of 12 months or a period set by local ordinance.
Two other rules apply. The owner must tell the agency in writing if help is no longer wanted before the period ends. The request expires when the property is sold or lawful possession changes, and it may be submitted electronically. The request goes on the police agency’s own form.
How should owners close, post and light a site?
Because 602(o) applies to property not open to the public, the practical steps are fencing or gating vacant lots and yards, posting no-trespassing signs and securing vacant buildings. Lighting, trimmed landscaping, fewer hiding spots and pallets and dumpsters stored inside fenced areas follow crime prevention through environmental design (CPTED) principles that police crime-prevention units recommend.
Which public channel should owners use?
Camps on public sidewalks, rights-of-way or riverbeds next to a property are for the city or county to address. Inside Bakersfield, report to the city. In unincorporated areas such as Oildale or Lamont, report to the county. Dated photos and a call log support a code case or a Special Enforcement Zone request.
Why should owners avoid self-help?
Do not remove a person or discard belongings yourself. Left-behind property raises legal questions, and a long-term occupant of a structure may claim tenancy. Police acting under 602 are the lawful route.
How do encampment costs show up in leases, CAM and insurance?
Security patrols, fence repairs, trash hauling and graffiti removal are operating costs, and whether tenants pay them depends on the lease. Many NNN and multi-tenant leases allow recovery of security and common-area costs, but capital items such as new fencing may be excluded or amortized. See our guides to operating expense pass-throughs and CAM reconciliations.
Vacancy matters for insurance too. Many commercial policies limit coverage after a building sits vacant for a set period. For the related retail-security angle, see our explainer on Prop 36 and retail theft.
Who pays for cleanup on private land is a live question in Bakersfield. At its last August 2026 meeting, the City Council tabled an option to spend $500,000 cleaning a private southeast Bakersfield site and recoup it through tax liens, 23ABC reported.
Example: encampment costs at a 60,000 SF multi-tenant industrial park
Assume a hypothetical six-building, 60,000-square-foot industrial park in East Bakersfield with a fenced rear yard and a vacant pad. Over a year the owner spends $14,400 on nightly patrol service, $3,000 on two trash and debris cleanouts and $9,000 on new perimeter fencing. These figures are illustrative only, not market quotes.
If the leases allow security and common-area costs but require capital items to be amortized over 10 years, the recoverable amount might be $14,400 plus $3,000 plus $900 of fencing amortization, or $18,300. A 10,000-square-foot tenant with a one-sixth share would pay about $3,050 for the year, roughly $0.025 per square foot per month. Actual results depend on each lease.
What should owners watch next?
- Kern County’s shelter-availability condition: whether supervisors amend the 2021 ordinance to align with Grants Pass and the 2025 state model.
- More city ordinances: Shafter acted in 2026, and other Kern cities may follow with their own warning, citation and arrest steps.
- State money and task force: Proposition 1 grants and the statewide encampment task force, including Caltrans right-of-way.
- Litigation: challenges to camp clearances under state law, disability law and due process.
- The 2027 Point-in-Time Count: usually released in spring, it will show whether Kern’s three-year plateau holds.
Checklist for Bakersfield and Kern County commercial owners
- Rules and agencies differ depending on whether the parcel is in Bakersfield, another city or unincorporated Kern.
- Fence, gate and post vacant land and closed buildings so Penal Code 602(o) applies.
- File a notarized 602(o) request with Bakersfield Police or the Kern County Sheriff, calendar its expiration and refile after any sale.
- Add lighting, cut back landscaping and secure dumpsters, pallets and trailers.
- Log every incident with dates and photos, and report public-property camps to the city or county.
- Lease language on security and cleanup costs determines what is recoverable at the next CAM reconciliation.
- Vacancy provisions in commercial insurance policies can limit coverage on an empty building.
- An attorney can advise on disposing of left-behind property and on 602(o) requests.
Frequently asked questions
Is it illegal to sleep outside in Bakersfield?
On city property, yes. Section 9.70.030 of the Bakersfield Municipal Code bars sleeping outdoors on public property, including city parks, sidewalks and city-owned parking lots and structures. It also bars camping or setting up a tent or other shelter on city property. Private property falls under trespass law instead.
What did the Grants Pass Supreme Court decision do?
In City of Grants Pass v. Johnson, decided 6-3 on June 28, 2024, the Court held that general bans on camping on public property do not violate the Eighth Amendment. That ended the Ninth Circuit rule blocking enforcement when shelter beds ran short. Cities may still choose not to criminalize camping, and other legal limits remain.
Does Kern County have an anti-camping ordinance?
Yes. Supervisors unanimously approved an ordinance for unincorporated areas on Nov. 9, 2021, limiting camping near schools, libraries and other sites and the storage of belongings in public areas. A January 2024 amendment, effective Feb. 10, 2024, added Special Enforcement Zones where camps can be removed without the usual 72-hour notice.
How can a business owner have trespassers removed in Bakersfield?
Ask the person to leave and call police if they refuse. An owner can also file a notarized Penal Code 602(o) request on the police agency’s form, letting officers act for up to 12 months if the property is closed to the public and posted. The request ends when the property is sold or possession changes.
Does Newsom’s model encampment ordinance apply in Bakersfield?
Not automatically. The model released May 12, 2025 is a template that cities and counties may adopt or change. It would bar camping more than three nights within 200 feet of the same spot and require 48 hours’ notice and a shelter offer before a clearance. On city property, Bakersfield’s Chapter 9.70 is the rule that applies.
How many homeless people are in Kern County in 2026?
The Bakersfield-Kern Regional Homeless Collaborative’s 2026 Point-in-Time Count found 2,690 people, up 3.2% from 2025. About 54% were unsheltered, and more than 1,000 were counted in Bakersfield. Local service providers describe the three-year trend as roughly flat.
Can a landlord charge tenants for homeless cleanup and security costs?
Often, but only if the lease allows it. Many NNN and multi-tenant leases let owners recover security and common-area costs through CAM, while capital items such as new fencing may be excluded or amortized. Recovery depends on the lease’s definitions of operating expenses and capital costs.
If encampments, vacancy or security costs are affecting a property you own or lease in Kern County, call Kern CRE at 855-KERN-CRE (855-537-6273) or contact us to weigh the options and their effect on value and leasing. Get Kern County CRE news monthly: subscribe to the Kern CRE report.
Sources
- City of Grants Pass v. Johnson, No. 23-175 (opinion and syllabus), Supreme Court of the United States, June 28, 2024.
- Governor Newsom orders state agencies to address encampments in their communities with urgency and dignity, Office of Governor Gavin Newsom, July 25, 2024.
- Executive Order N-1-24, Office of Governor Gavin Newsom, July 25, 2024.
- Governor Newsom releases state model for cities and counties to immediately address encampments with urgency and dignity, Office of Governor Gavin Newsom, May 12, 2025.
- Model Ordinance (encampments), Office of Governor Gavin Newsom, May 2025.
- Governor Newsom convenes statewide task force to prioritize and dismantle homeless encampments and accelerate care, Office of Governor Gavin Newsom, Aug. 29, 2025.
- Section 9.70.030, Sleeping in public places, City of Bakersfield Municipal Code.
- Section 9.70.010, Purpose, City of Bakersfield Municipal Code.
- Bakersfield will not adopt LA County’s anti-camping ordinance, 23ABC News (KERO), Sept. 1, 2021.
- Kern Co. Supervisors unanimously back homeless camping ban, San Joaquin Valley Sun, October 2021.
- Kern County Board of Supervisors unanimously approves anti-encampment ordinance, 23ABC News (KERO), Nov. 9, 2021.
- Kern County illegal encampment ordinance goes into effect as part of $8 million package to fight homelessness, KVPR, Dec. 10, 2021.
- New homeless camp restrictions approved: County alters anti-encampment ordinance, Bakersfield Now (KBAK/KBFX), Jan. 12, 2024.
- Operation clears 31 encampments along Kern Riverbed, arrest 28 in effort, Bakersfield Now (KBAK/KBFX), April 25, 2025.
- Newsom pushes cities and counties for homeless encampment ban, 23ABC News (KERO), May 13, 2025.
- Shafter passes ordinance restricting sleeping and camping in public places, Bakersfield Now (KBAK/KBFX), Sept. 2, 2026.
- Kern County homelessness rises 3.2% to 2,690 in 2026 Point-in-Time Count, Bakersfield Now (KBAK/KBFX), May 2026.
- PIT Count Reports, Bakersfield-Kern Regional Homeless Collaborative.
- California Penal Code section 602, California Public Law.
- California Penal Code section 602 (2025), Justia.
- Bakersfield council considers $500K cleanup plan for southeast property plagued by illegal dumping, 23ABC News (KERO), Sept. 1, 2026.
About this article
Kern CRE prepared this article with help from AI research and writing tools. An editor reviewed the draft, checked its facts against the sources linked above and edited it for accuracy and clarity. It is general information, not legal advice; ordinances and enforcement practices change, so talk with an attorney and the local police agency before acting on a specific property.