1 ORDINANCE NO. O-26-1425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO AMENDING SECTION 14.05.01 (DISORDERLY CONDUCT) OF
CITY OF SAN MARINO MUNICIPAL CODE CHAPTER XIV, ARTICLE
5, AND ADDING SECTIONS 14.05.05 (ENFORCEMENT) AND 14.05.06 (PROHIBITION ON HABITATION IN VEHICLES ON PUBLIC STREETS
OR PUBLIC PARKING LOTS) TO CITY OF SAN MARINO MUNICIPAL CODE CHAPTER XIV, ARTICLE 05
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, City of San Marino Municipal Code (“SMMC”) section 14.05.01 (A) prohibits a person from sleeping on any street, alley, sidewalk or other public place within the City of San Marino (“City”);
WHEREAS, SMMC section 14.05.01 (A) further prohibits a person from acting at any place within the City in a riotous or disorderly manner, or appearing in a drunken or intoxicated condition;
WHEREAS, SMMC section 14.05.03 further prohibits a person, without lawful business, from standing or loitering on any public street or place or in any business section of the City after having been directed by a police officer of the City to move on; WHEREAS, a primary public health and safety concern is camping on public property, especially when an encampment site develops and spreads out over large areas, that generates considerable garbage or waste;
WHEREAS, camping on public property creates public health and safety hazards for City residents and for people living in encampment sites, including impacts related to the disposal of hazardous materials and unsanitary conditions that can lead to an infestation of vermin and the spread of communicable diseases;
WHEREAS, on July 25, 2024, Governor Gavin Newsom signed Executive Order N-1-24, which encouraged local governments to adopt policies to prioritize addressing encampments and to use all available resources and infrastructure to take urgent action to humanely remove encampments from public spaces;
WHEREAS, the City is obligated to protect public health and safety and maintain clean, safe, and accessible City properties for all residents to enjoy, including parks, open space, and the public right of way; and
WHEREAS, to mitigate risks to the health and safety of the general public, the Council desires to enhance the City’s authority to disband encampments, due to the health and safety risk posed by encampments.
2 SECTION 2. Section 14.05.01 of the San Marino City Code is amended to read as follows:
14.05.01: DISORDERLY CONDUCT:
It is hereby declared to be unlawful for any person to:
A. Lie or sleep in or upon any street, alley, sidewalk or other public place within the City or to act at any place within the City in a riotous or disorderly manner or to appear therein in a drunken or intoxicated condition.
B. Keep a riotous house or permit any riotous or disorderly conduct in any house, yard or premises connected therewith whereby the peace, quiet or decency of any person in the neighborhood of such house, yard or premises may be disturbed.
C. Construct, place, or maintain on public property any semi-permanent structure, including but not limited to hand-built sheds and structures with metal or other heavy roofing and siding materials, for the purpose of sheltering one or more persons.
D. Camp on public property, including but not limited to using, placing or maintaining a tent, sleeping bag, blanket, or other materials for the purpose of sleeping, lying, or sheltering one or more persons for more than two consecutive days or nights in the same location. For purposes of this section, the same location shall mean within 200 feet of the location in which the person camped on the previous day or night.
E. Sit, sleep, lie, or camp on any public street, road, or bike path, or on any sidewalk in a manner that impedes passage within the meaning of the American with Disabilities Act.
SECTION 3. Article 05, Chapter XIV of the San Marino City Code is amended to add Section
14.05.05 to read as follows:
14.05.05: ENFORCEMENT:
A. Except in exigent circumstances involving an imminent threat to life, safety, health, or infrastructure, each of the following shall be satisfied prior to the enforcement of section 14.05.01:
1. The City shall make every reasonable effort to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons living in the encampment.
2. The City shall post a notice to vacate in a prominent location at the encampment site at least 48 hours prior to the enforcement action. That notice shall include, at a minimum:
(a) The anticipated date and time of the enforcement action; (b) Information on services, including shelter, that are immediately available to persons living in the encampment; and
3 (c) Information on how unattended belongings will be handled the day of the enforcement action, including what will be stored, how they can be recovered, and the date by which they must be claimed.
3. No enforcement operations shall begin earlier than the date and time on the notice to vacate.
If the enforcement work does not begin within two days of the date written on the notice, a new notice must be posted a minimum of 48 hours before enforcement operations may begin.
B. Where exigent circumstances require less than 48 hours’ notice prior to enforcement of section
14.05.01:
1. The City shall provide as much advance notice of enforcement as reasonably possible under the circumstances; and
2. As soon as reasonably possible following enforcement action, the City shall post notice at or near the encampment site describing where items taken during the enforcement action are stored, how they can be recovered, and the date by which they must be claimed.
C. Personal belongings collected at the encampment site that are not a health or safety hazard shall be collected, tagged, and stored for not less than 60 days following an enforcement action.
1. “Personal belongings” includes:
(a) items of apparent value of $50 or more; and
(b) items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID’s, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.
2. Items that constitute a health and safety risk and will not be collected include, but are not limited to:
(a) sharp objects, including, but not limited to, needles, scissors, knives; (b) chemicals, including, but not limited to, bleach, paint, oils, etc.; (c) items (including bedding and clothing) soiled by, but not limited to, human waste and bodily fluids, mold, mildew, rodents and insects, etc.; (e) items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids; or (f) backpacks and closed containers that have been determined to identify hazardous materials.
4 3. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of.
4. Bulky items such as mattresses and sheds, perishable items such as food, controlled substances, contraband, and trash or debris will not be collected and stored. Contraband and controlled substances should be handled by trained professionals and consistent with applicable law.
D. Nothing in this section shall be construed to limit or prohibit the City from enforcing any other city or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire codes, and public nuisance laws.
SECTION 4. Article 05, Chapter XIV of the San Marino City Code is amended to add Section
14.05.06 to read as follows:
14.05.06: HABITATION IN VEHICLES ON PUBLIC STREETS OR PUBLIC PARKING LOTS.
It is hereby declared to be unlawful for any person to:
A. Use or occupy or permit the use or occupancy of any motor vehicle, mobile home, camper, house trailer or other recreational vehicle for human habitation, including but not limited to, sleeping, eating or resting, on any public street, public parking lot or public way.
B. For purposes of this section, “Habitation” shall mean the use of a motor vehicle, mobile home, camper, house trailer or other recreational vehicle for a dwelling place, and shall not mean the use of a motor vehicle for amelioration of sickness or other temporary physical inabilities causing an inability to operate such a motor vehicle.
C. A violation of this Section involving a person who willfully resists, delays, or obstructs a city employee from enforcing this Section or who willfully refuses to comply after being requested to do so by a city employee shall be punishable as a misdemeanor, infraction pursuant to SMMC section 01.04.02 or by issuance of an administrative citation pursuant to SMMC section 01.06.05.
SECTION 5. ENVIRONMENTAL. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) the ordinance is exempt pursuant to Public Resources Code section 21080.17, which exempts the local adoption of ordinances regarding second units in single or multifamily residential zones; (2) the ordinance is exempt under CEQA Guidelines (14 Cal. Code Regs. § 15301), which exempts projects involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs.§ 15060(c)(2)); (4) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs.§ 15061(b)(3)); and (5) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.
Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
5 SECTION 6. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance.
The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions; paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 7. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 8. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other city ordinance to remain in full force and effect for all purposes.
SECTION 9. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.
PASSED, APPROVED, AND ADOPTED this ___ day of ______________, 2025. _____________________________
TONY CHOU
MAYOR
ATTEST:
__________________________________
ALISON WALKER
CITY CLERK
APPROVED AS TO FORM:
____________________________
6 JOSEPH MONTES
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-25-_____ was introduced and read by title at a Regular Meeting of the San Marino City Council held on the _____ day of ______, 2025, and was adopted on second reading at an adjourned meeting of the City Council held on the ____ day of ______, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
ALISON WALKER