HomeMy WebLinkAbout10 STORAGE PUBLIC AREA 07-17-95NO. 10
7-17-95
DATE:
JULY 17, 1995
Inter-Co.m
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1154, CAMPING AND STORAGE OF PERSONAL PROPERTY
IN PUBLIC AREAS
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1154
(roll call vote).
BACKGROUND'.
The following Ordinance No. 1154 had first reading by title only and
introduction at the July 3, 1995 City Council meeting:
ORDINANCE NO. 1154 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING CHAPTER 6 ENTITLED CAMPING AND STORAGE OF
PERSONAL PROPERTY TO ARTICLE 7 OF THE TUSTIN CITY CODE
Valerie Crabill
Chief Deputy City Clerk
1 ORDINANCE NO. 1154
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADDING CHAPTER 6 ENTITLED CAMPING AND STORAGE
OF PERSONAL PROPERTY TO ARTICLE 7 OF THE TUSTIN CITY CODE
I ·
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1: The City Council of the City of Tustin hereby
finds as follows:
A®
The City of Tustin has substantial interest in
maintaining public streets, buildings, grounds and plazas
in an attractive and intact condition available to the
members of the public who wish to use these public
facilities for their intended purpose;
S.
To permit the use of such public areas and streets for
encampments and camping would be totally inimical to the
purposes for which such public streets or areas were
designed or intended to be used and detrimental to the
public's health, safety, and welfare in the use of such
public areas and streets;
C.
Streets, sidewalks, or other public property generally
lack sufficient, convenient, or accessible sanitation
facilities, the use of streets, sidewalks, or other
public property for living or habitation purposes may
create a danger to such persons and the public arising
from the increased risk of unsanitary conditions which
may occur on public streets or public property which are
used for these purposes;
Section 2: Chapter 6 entitled "Camping and Storage of
Personal Property" is hereby added to Article 7 of the Tustin City
Code to read as follows:
CHAPTER 6
CAMPING AND sTORAGE OF PERSONAL PROPERTY
7600 PURPOSE
The public streets and public areas within the City of Tustin
should be readily accessible and available to residents and the
public at large. The use of these areas for camping purposes or
storage of personal property interferes with the rights of others
to use the areas for which they were intended. The purpose of this
Chapter is to maintain public streets and areas within the City of
Tustin in a safe, clean and accessible condition.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1154
Page 2
7601 DEFINITIONS
Unless the particular provisions or the context otherwise
requires, the definitions contained in this section shall govern
the construction, meaning and application of words and phrases used
in this Chapter.
"Camp" means to pitch or occupy camp facilities; to live
temporarily in a camp facility or~ outdoors; to use camp
paraphernalia.
"Camp Facilities" include, but are not limited to, tents, huts, or
temporary shelters.
"Camp Paraphernalia" includes, but is not limited to, tarpaulins,
cots, beds, blankets, sleeping bags, hammocks or non-city
designated cooking facilities and similar equipment.
"Public Area" means and includes but is not limited to any public
street, building, grounds, lot, parcel, park, plaza or parking lot
dedicated to the authorized use and enjoyment of the public.
"Public Street" means and includes but is not limited to any
publicly owned street, road, highway, alley, sidewalk, parkway,
bridge, culvert, drain, and other facilities or areas necessary for
the construction, improvement, and maintenance of streets and
roads.
"Store" means to put aside or accumulate for use when needed, to
put for safekeeping, to place or leave in a location.
7602 CAMPING AND STORAGE OF PERSONAL PROPERTY PROHIBITED
Unless otherwise permitted, no person shall:
(A) Maintain, erect, or permit the erection of any hut,
shanty, tent, tarpaulin, or any other type of temporary structure
upon any public street or public area;
(B) Camp, occupy camp facilities or use camp paraphernalia
upon any public street or public areas;
(C) Store personal property, including camp facilities and
camp paraphernalia, upon any public street or public area.
7603 VIOLATIONS
Any violation of the provisions of this Chapter may be
prosecuted as an infraction or misdemeanor, pursuant to Tustin City
Code Section 1121.
10
11
12
13
14
16
17
18
19
20
21
22
23
24
25
26
27
28
Ordinance No. 1154
Page 3
Section 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. The City Council of
the City of Tustin hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the day of , 1995.
JIM POTTS
Mayor
MARY WYNN
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE. )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1154
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council
of the City of Tustin, California, does hereby certify that the
whole number of the members of the City Council of the City of
Tustin is five; that the above and foregoing Ordinance No. 1154 was
duly and regularly introduced at a regular meeting of the City
Council held on the day of , 1995 and passed and
adopted at a regular meeting of the City Council held on the
day of , 1995, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
DO: kd\ORD I NANC\campi ng. do