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Home My WebLink About01 CODE AMEND 95-03 07-03-95NO. 1 7-3-95 DATE: JULY 3, 1995 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 95-03 - REGULATIONS AFFECTING CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS RECOMMENDATION It is recommended that the City Council have first reading by title only and introduce Ordinance No. 1154, to approve restrictions on camping and storage of personal property on public streets and other public property. FISCAL IMPACT There are no fiscal impacts to the City associated with this project. The proposed Ordinance is intended to establish new regulations on camping and storage of personal property in public areas. BACKGROUND In 1992, the City of Santa Ana adopted an Ordinance regulating camping and .storage of personal property in public areas such as public right-of-ways, city hall, city parks, etc. The Ordinance was immediately challenged by representatives of the homeless as unconstitutional. Through a series of challenges and court rulings, the matter was eventually brought before the California Supreme Court. The Supreme Court decision upheld Santa Ana's camping and storage prohibition, ruled it constitutional and enforceable. A number of California cities (including the City of Tustin) have been watching the progress of the Ordinance through the legal system. With the final ruling, it is now possible for the City of Tustin to enact a similar Ordinance. Staff has drafted the attached Ordinance for Council's consideration and action. The Ordinance specifically prohibits any individual from camping or storing personal property upon any public right-of-way or area. The proposed Ordinance would not negatively effect an individual's ability to obtain a permit to camp in areas (such as parks) designated for such purposes when permitted by code. City Council Report Code Amendment 95-03 July 3, 1995 Page 2 It has been determined' that this Amendment is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15378(b), and no further environmental review is necessary. CONCLUSION Staff believes that the Ordinance provides for the City's 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. Further, staff believes that adoption of the Ordinance will serve to eliminate a potential danger to the public arising from the increased risk of unsanitary conditions which may occur when public streets or property are used for camping purposes for which they were not designed or intended. Therefore, staff recommends that the City Council approve Code Amendment 95-003 and have first reading by title only and introduction of Ordinance No. 1154, as submitted or revised. Dana Ogden Senior Planner Christine A. Shin~..~eton Assistant City Mahager DO: kd\ c c repor t \codeamcl. do 1 ORDINANCE NO. 1154 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I · AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 6 ENTITLED CAMPINGAND STORAGE OF PERSONAL PROPERTY TO ARTICLE 7 OF THE TUSTIN CITY CODE 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: ao 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; Be 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; Ce 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 15 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\camp ~ ng. do