The Malibu City Council unanimously approved an emergency declaration Monday targeting unpermitted camping in fire-prone areas, directing law enforcement to arrest violators despite resistance from the Los Angeles County Sheriff's Department.
The council adopted Resolution No. 25-49 after adding aggressive enforcement language that instructs city staff to work with the sheriff's department to "remove all individuals engaged in unpermitted camping" in Very High Fire Hazard Severity Zones. If necessary, "such individuals should be arrested and prosecuted to the fullest extent permissible by law."
The declaration was triggered when Live Fuel Moisture levels dropped to 63% on September 10, meeting the city's emergency criteria of 65% or below for Santa Monica Mountains vegetation.
"It is not enough to say we'll work with the county to see what they can do to help find places for people to live that are camping in our hills where they are a fire hazard," said Mayor Pro Tem Bruce Silverstein, who proposed the enforcement amendment. "Anyone that's not moving on as a result of that work should just be arrested and moved on involuntarily."
The council's action reflects a significant legal shift following recent Supreme Court decisions that overturned previous restrictions on camping enforcement. Silverstein noted that the Ninth Circuit's Martin v. Boise decision had previously "hamstrung our ability to just simply prevent people from camping full stop."
"It's now been recognized by the US Supreme Court that that decision was wrongfully determined, and there's no such constitutional prohibition against enforcing camping laws, especially where there is an emergency," Silverstein said.
The emergency declaration comes as Malibu faces heightened fire danger, with the entire city classified as a Very High Fire Hazard Severity Zone. City officials cited recent fire incidents in the Civic Center area, including four events of fires at Legacy Park, the library parking lot, and near a tennis court. In 2021, Malibu experienced more than 23 fires attributed to unpermitted camping.
However, the council's directive immediately faced opposition from county law enforcement. During the same meeting, an LASD Captain told the council that while the sheriff's department would enforce violations like illegal fires, the county's official position is that they're not going to criminalize homelessness.
The captain explained that this policy comes directly from the Los Angeles County Board of Supervisors and the sheriff, creating a potential conflict with Malibu's municipal authority.
Council members insisted that Malibu, as a municipal jurisdiction, has the right to criminalize unpermitted camping under the emergency declaration and expects the LASD to enforce city laws under their contract. The captain agreed to take the request ‘up the chain’ to his superiors.
The resolution builds on a framework established in June 2024 that set criteria for declaring camping-related fire emergencies. The current program calls for collaboration between the City of Malibu Outreach Team, LASD, and the LASD Homeless Outreach Services Team to identify encampments and provide resources before enforcement action.
The declaration prohibits unpermitted camping in all VHFZ areas and directs increased coordination with LASD Arson Watch during Red Flag weather events to monitor for fire signs and unpermitted activities in canyons and high-risk areas.
Council Member Steve Uhring, who seconded the enforcement amendment, stressed the urgency of the issue. "This is an important issue, and I agree this is we got to give this one solved," he said.
The emergency declaration will remain in effect until fire risk conditions subside, with the council required to review its continuation every 60 days. The resolution passed 5-0, with all council members supporting the aggressive enforcement approach despite the anticipated implementation challenges with county law enforcement.