X:\Ordinances\2024\City Attorney\Camping Ordinance - Redline.docx
1 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
AMENDING CHAPTER 9.51, “CAMPING AND
STORAGE OF PERSONAL PROPERTY,” OF THE
MERCED MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MERCED DOES ORDAIN
AS FOLLOWS:
WHEREAS, the City council has concerns regarding public safety, health and safety, efficient movement of public and vehicle traffic, and peaceable enjoyment of public spaces within the City of Merced; and
WHEREAS, the unregulated camping and storage of personal property can lead to public disturbances or other public health and safety problems;
WHEREAS, the City is no longer required to allow camping in public spaces within the City pursuant to the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, 144 S. Ct. 2202 (2024);
THEREFORE, the City of Merced proposes to create restrictions on camping and storage of personal property within the City of Merced.
SECTION 1. AMENDMENT TO CODE. Chapter 9.51, “Camping
and Storage of Personal Property,” of the Merced Municipal Code is hereby amended to read as follows:
“CHAPTER 9.51
CAMPING AND STORAGE OF PERSONAL
PROPERTY
9.51.010 Purpose.
The public streets and areas within the city 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
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2 intended. The purpose of this chapter is to maintain
public streets and areas within the city in a clean and accessible condition. To ensure public safety, health and safety, efficient movement of public and vehicle traffic, and peaceable enjoyment of public by prohibiting the
acts of public sleeping and camping as well as the
storage of personal property.
9.51.020 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 use camp paraphernalia by inhabiting any public space.
‘Camp facilities’ means and includes, but are not limited to, tents, huts, or any temporary makeshift shelters.
‘Camp paraphernalia’ means and includes, but is not
limited to, tarpaulins, cots, beds, sleeping bags,
hammocks, or any other item that may be is or could be
used for sleeping purposes, or non -city designated
cooking facilities and similar equipment.
‘Park’ means the same as defined in Section 9.70.020 of this Code.
‘Sidewalk’ means the same as defined in Section
1.04.010 of this Code.
‘Store’ means to put aside or accumulate for use when
needed, to put for safekeeping, to place or leave in a
location.
‘Street’ means the same as defined in Section 1.04.010
of this Code.
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3 ‘School’ means that same as defined in Section
20.60.020 of this Code.
9.51.030 Unlawful Camping.
It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any
person to, camp, sleep, occupy camp facilities, or use
camp paraphernalia, in the following areas, except as
otherwise provided in this Code:
A. Any park;
B. Any street;
C. Any sidewalk;
D. Any public parking lot or public area;
improved or unimproved;
E. Any school or within 500 feet thereof.
9.51.040 Storage of Personal Property in Public
Spaces.
It is unlawful, and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any
person to store personal property, including camp
facilities and camp paraphernalia, in the following areas, except as otherwise provided in this Code:
A. Any park;
B. Any street;
C. Any sidewalk;
D. Any public parking lot or public area,
improved or unimproved;
E. Any school or within 500 feet thereof.
9.51.050 Exceptions.
This Chapter shall not apply to city-sponsored camp
events.
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4 9.51.060 Removal of Encampments and Personal
Property.
Encampments and personal property shall be removed
immediately if it is determined by code enforcement that the encampment poses an immediate threat to life, health, safety, or infrastructure. In all other instances, advanced notice shall be posted at least forty-eight (48) hours prior to removal of individuals who are engaging in the act of public sleeping or camping; personal items shall be
stored for sixty (60) days, unclaimed items will be
disposed of after sixty (60) days. The City shall ensure that personal property is inventoried and labeled in a
manner to facilitate identification.
9.51.070 Penalties.
First time offenders will be fined for violations of
Sections 9.51.030 and 9.51.040. Bans from certain areas shall be imposed for a period not to exceed thirty (30) days for reoffenders. If the issues persist, code
enforcement may recommend the violators be criminally
trespassed to the District Attorney for filing, punishable by a maximum of thirty (30) days in jail and a fine.”
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY. If any section, subsection,
subdivision, 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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5 SECTION 4. PUBLICATION. The City Clerk is directed to cause a summary of this Ordinance to be published in the official newspaper at least once within fifteen (15) days after its adoption showing the vote thereon.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Merced on the ____ day of __________, 2024, and was passed and adopted at a regular meeting of said City Council held on the ____ day of ___________, 2024, by the following called vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
APPROVED:
MATTHEW SERRATTO, MAYOR
___________________________
Mayor
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:_____________________________
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
________________________________
City Attorney Date