ITEM 4. 2
CITY MANAGER' S REPORT
JUNE 9, 2025 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
25- 466 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
RECOMMENDATION: Waive Full Reading and Adopt Ordinance 25- 466 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
RECOMMENDED ACTION:
The City Council to conduct a second reading and adopt Ordinance 25- 466 entitled:
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
SUMMARY:
On May 12, 2025, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Diallo, Dresser, Lazard, Torres - O' Callaghan, and Akinjo NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
resa Vargas, City CI
o A I --•
Date
ORDINANCE NO. 25- 466
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- 466
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- 466
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- 466
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- 466
ATTACHMENT 2
CHAPTER 9. 06
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 ofneighborhoods, 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 ofthis chapter or failing to comply with any ofits requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in ATTACHMENT 2
CHAPTER 9. 06
CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED 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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