ITEM 5.
CITY MANAGER' S REPORT
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
PUBLIC HEARING ( PUBLISHED NOTICE) TO
CONSIDER AN ORDINANCE TO ADD CHAPTER 9. 06
ENTITLED " CAMPING OR SLEEPING IN MOTOR
VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9,
PUBLIC PEACE AND WELFARE" OF THE LATHROP
MUNICIPAL CODE.
City Council to Consider the Following:
1. Hold a Public Hearing; and
2. First Reading and Introduction of an Ordinance to
add Chapter 9. 06 entitled " Camping or Sleeping in
Motor Vehicles Overnight Prohibited" to Title 9
Public Peace and Welfare" of the Lathrop Municipal
Code.
SUMMARY:
The proposed Ordinance would prohibit individuals from using or occupying motor vehicles for sleeping, camping, or habitation in unauthorized areas. This includes public property during nighttime hours, as well as private property without the owner' sconsent. While there may be various reasons someone may use a vehicle for temporary shelter, this activity can obstruct access, degrade public spaces, and present sanitation and safety challenges.
The proposed Ordinance aims to protect the integrity of neighborhoods, ensure public areas remain clean and accessible, and provide enforcement tools for managing prolonged vehicle habitation in a consistent, lawful manner.
BACKGROUND:
As in many other cities across California, the City has encountered instances of individuals using motor vehicles as makeshift living accommodations on both public and private property. Although such use may occur in response to hardship, it can result in conditions that negatively impact access, sanitation, and the safety of nearby residents.
The Lathrop Municipal Code does not currently contain a provision that directly addresses overnight occupancy of vehicles. This ordinance is intended to close that gap while ensuring enforcement is handled fairly and with consideration of circumstances.
CITY MANAGER' S REPORT PAGE 2
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ORDINANCE TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
ANALYSIS:
The use of motor vehicles for overnight sleeping or habitation, particularly in public areas, presents a number of challenges that impact public safety, quality of life, and City resources. While some individuals may resort to this behavior due to personal circumstances, the need for a local regulatory framework has become apparent due to the following observed and potential impacts:
Obstruction of Public Access - Vehicles used for habitation are often parked for extended periods in front of homes, businesses, or in public lots, blocking access to driveways, sidewalks, and other right- of- way areas.
Sanitation and Public Health Hazards - Without access to restrooms or waste disposal facilities, overnight occupancy in vehicles has led to the accumulation of trash, human waste, and food debris, increasing the risk of contamination and attracting vermin.
Strain on Public Safety Resources - Calls for service related to welfare checks, disturbances, or long- term vehicle presence place added demands on law enforcement and code enforcement personnel.
Reduced Neighborhood Safety and Cohesion - Residents may feel unsafe or uncomfortable with vehicles visibly occupied overnight, particularly near homes, parks, and schools, which can erode community trust and neighborhood cohesion.
Inconsistent Enforcement - In the absence of a specific municipal code section, officers are limited to using general nuisance or loitering statutes, which are often insufficient or inapplicable.
Preservation of Public Space Use - Prolonged vehicle habitation conflicts with the intended use of public roadways and parking areas, discouraging community access.
The proposed Ordinance includes the following provisions:
9. 06.10 - Purpose and Intent:
Declares the City' s intent to safeguard public health, safety, and welfare by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas.
CITY MANAGER' S REPORT PAGE 3
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ORDINANCE TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
9. 06.20 — Definitions:
Provides definitions for key terms including " motor vehicle," " camping," sleeping," and " public property" to ensure clarity in application.
9. 06.30 — Prohibited Activity:
Declares it unlawful and a public nuisance for any person to use or occupy a motor vehicle, RV, trailer, or similar unit for sleeping or camping:
A) On public property, including parking lots, between 10: 00 p. m. and 7: 00 a. m.;
B) On private residential property without the owner' sconsent; C) On private non- residential property without the owner' s written consent.
9. 06.40 — Violation and Penalty:
Establishes that violations are misdemeanors under LMC Section 1.6. 010 and may also be subject to civil nuisance abatement procedures.
The proposed Ordinance would equip staff with a clear enforcement mechanism while allowing for discretion and education in its application. The framework supports neighborhood livability, public access, and safe, sanitary use of community spaces.
Public Notice
A Notice of Public Hearing was advertised in the Manteca Bulletin on May 1, 2025, posted on the City website, e -mailed to public hearing subscribers, and the meeting agenda was posted at various designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed ordinance.
RECOMMENDATION:
Staff recommends that Council consider all information provided and submitted, take and consider public testimony, and, if determined to be appropriate, take the following actions:
1. Introduce an Ordinance to Adopt an Addition to the Lathrop Municipal Code LMC) Chapter 9. 06, entitled " Camping or Sleeping in Motor Vehicles Overnight Prohibited" to Title 9," Public Peace and Welfare" of the Lathrop Municipal Code.
CITY MANAGER' SREPORT PAGE 4
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ORDINANCE TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
FISCAL IMPACT:
No anticipated fiscal impact. Enforcement will be conducted by existing Police Department and Code Enforcement personnel.
ATTACHMENTS:
1. An Ordinance of the City Council of the City of Lathrop to Adopt an Addition to the Lathrop Municipal Code ( LMC) Chapter 9. 06, entitled " Camping or Sleeping in Motor Vehicles Overnight Prohibited" to Title 9, "Public Peace and Welfare" of the Lathrop Municipal Code.
2. Municipal Code Chapter 9. 06 text
CITY MANAGER' S REPORT PAGE 5
MAY 12, 2025 CITY COUNCIL REGULAR MEETING
ORDINANCE TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
APPROVALS:
en Seal
Chief of Polic'
Salvador Navarrete
City Attorney
sir/ 20 s
Date
51110
Date
Steph . Salvatore Date
City Manager
ORDINANCE NO. 25 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD CHAPTER 9. 06 ENTITLED " CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE.
WHEREAS, the City of Lathrop, like many other cities across California, has observed instances of individuals using motor vehicles for temporary shelter on public streets, in parking lots, and on private property without consent; and WHEREAS, the City recognizes that while housing insecurity may lead individuals to seek shelter in vehicles, overnight vehicle habitation has the potential to obstruct access to homes and businesses, contribute to sanitation and public health concerns, reduce visibility for drivers and pedestrians, and diminish the sense of safety and cohesion within neighborhoods; and
WHEREAS, the City seeks to prevent public nuisances, support neighborhood integrity, and promote, safe, clean and welcoming environments for all residents and visitors by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas; and
WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on May 12, 2025 to review and consider this Ordinance; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and
WHEREAS, this proposed code amendment is exempt according to the California Environmental Quality Act ( CEQA) Article 5 § 15061 by the " Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a
reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the City Council has reviewed all written evidence and oral testimony presented regarding this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 9. 06 entitled " Camping or Sleeping in Motor Vehicles Overnight Prohibited" of Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code, is hereby added as follows:
Chapter 9. 06 Camping or Sleeping in Motor Vehicles Overnight Prohibited
9. 06.10
Ordinance No. 25- Page 1 of 4
Purpose and Intent
The purpose of this Ordinance is to safeguard public health, safety, and welfare by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas. By defining and regulating such activities on public and private property, the City of Lathrop seeks to prevent public nuisances, protect the integrity of neighborhoods, and ensure that streets, parks, and other public spaces remain clean, safe, and accessible for their intended use.
9. 06.20
Definitions
As used in this chapter: For the purposes of this ordinance, the following definition shall apply:
Motor vehicle: means any automobile, truck, van, recreational vehicle ( RV), or any other vehicle designed or used for the transportation of people or goods.
Public property" means all public property as defined in Section 12. 04.20 of the Lathrop Municipal Code including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
Camping" means the use of a motor vehicle for living accommodations, including activities such as sleeping, cooking, or storing personal belongings in a manner consistent with temporary or permanent habitation.
Sleeping" means the act of lying down or reclining inside a motor vehicle for rest or sleep, regardless of the duration.
9. 06.30
It is unlawful and a public nuisance for any person to use or occupy, or permit the use or occupancy of, any motor vehicle, recreational vehicle, camp trailer, camper, trailer coach, or similar vehicle for purposes of sleeping, camping, or habitation in the following areas:
A. Any public property, including any public parking lot, between the hours of 10: 00 p. m. and 7: 00 a. m. the following day; or
B. Any private residential property without the consent of the owner; or C. Any private non- residential property without the written consent of the owner.
9. 06.40
Violation — Penalty
Ordinance No. 25- Page 2 of 4
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1.6. 010. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
Section 2. Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy to be published in full accordance with Section 36933 of the California Government Code.
Ordinance No. 25- Page 3 of 4
THIS ORDINANCE was regularly introduced at a meeting of the City Council of the City of Lathrop on the 12th day of May 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on , 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PAUL AKINJO, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 25- Page 4 of 4
CHAPTER 9. 06 ATTACHMENT 2
CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED
9. 06.10
Purpose and Intent
The purpose of this Ordinance is to safeguard public health, safety, and welfare by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas. By defining and regulating such activities on public and private property, the City of Lathrop seeks to prevent public nuisances, protect the integrity of neighborhoods, and ensure that streets, parks, and other public spaces remain clean, safe, and accessible for their intended use.
9. 06.20
Definitions
As used in this chapter: For the purposes of this ordinance, the following definition shall apply:
Motor vehicle" means any automobile, truck, van, recreational vehicle ( RV), or any other vehicle designed or used for the transportation of people or goods.
Public property" means all public property as defined in Section 12. 04.20 of the Lathrop Municipal Code including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
Camping" means the use of a motor vehicle for living accommodations, including activities such as sleeping, cooking, or storing personal belongings in a manner consistent with temporary or permanent habitation.
Sleeping" means the act of lying down or reclining inside a motor vehicle for rest or sleep, regardless of the duration.
9. 06.30
It is unlawful and a public nuisance for any person to use or occupy, or permit the use or occupancy of, any motor vehicle, recreational vehicle, camp trailer, camper, trailer coach, or similar vehicle for purposes of sleeping, camping, or habitation in the following areas:
A. Any public property, including any public parking lot, between the hours of 10: 00 p. m. and 7: 00 a.m. the following day; or
B. Any private residential property without the consent of the owner; or C. Any private non- residential property without the written consent of the owner
9. 06.40
Violation —Penalty
Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable CHAPTER 9. 06 ATTACHMENT 2
CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED as provided in Section 1.6. 010. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
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