Attachment A
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Chapter 14
CITY RESPONSES TO HOMELESSNESS
HOMELESSNESS RESPONSE POLICY
Section 3997.1. Findings and Purpose
A. As its regional efforts continue, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources.
B. The City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.
C. The City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In Grover Beach, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, and at times on other agency property such as the California Department of Parks and Recreation property.
D. Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, and public access points.
E. Over the long term and working with other governmental agencies and non-profit organizations, the City's goal is that people should not have to live outside and there should be safer options because long-term camping for survival sheltering outside is not a solution for people without homes.
F. The City owns extremely limited property where camping can or should be allowed.
City utility properties ( stormwater, water, sewer) are sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.
G. It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on City rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in Grover Beach to be healthy, safe, and have access to public places. Smaller sites support the safety of people who are camping for survival on public property.
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H. It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on City rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, trash, and public safety hazards to people camping and neighboring businesses and community members, and environmental degradation, which have occurred with longer-term camping in the City.
I. It is the intent of the City to evaluate each removal of a campsite in light of the criteria in Section 3997.9 and with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. The City will use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate.
J. When the City of Grover Beach removes a camp or closes a location people are sheltering in the public right-of-way or on public property, it will post notices a minimum 72-hours prior to the closure so everyone that would be affected by the move will have adequate notice, except in cases of exceptional emergency or criminal activity, as allowed by state law and set forth in Chapter 14.1 and 14.2 K. The City looks for the safest options for cleaning the camp, often hiring a contract company that uses best practices and safe collection and works with service providers to minimize harm. Unless there is a public health or safety reason for emergency removal, service providers or other community resources will be notified in advance to be on hand for support and outreach ahead of time, consistent with State law.
Chapter 14.1
Section 3997.2. Use of Any Vehicle for Human Habitation on Public Property A. It is unlawful for any person to use a vehicle, camp-trailer, camper, coach, fifthwheel travel trailer, house car, or recreational vehicle for human habitation or left parked for storage on any public street, city parking lot, city right-of-way or public property, as follows:
1. Between the hours of 9:00 p.m. and 6:00 a.m.; and
2. At any time, within 200 feet of a residential zoned property boundary. And
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3. The 200 feet setback in Subdivision 2 of this Section 3997.2.A., shall not apply to the El Camino Real area as defined below in the following map.
This area shall be subject to a 250 feet setback requirement from residential property boundaries. All other areas of the City, not otherwise defined in this Chapter or Chapter 14.2, shall require a 200 feet setback from residential property boundaries.
1 1. 250-foot setback at El Camino Real area
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4. At any time, within 200 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. School for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.
5. For purposes of this section, evidence of human habitation may include observations, considering all the circumstances, that a person is using a vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle for: sleeping; bathing; preparing or cooking meals; possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear, food, water, personal grooming items, or containers of feces or urine. Evidence of human habitation also may include observations, considering all the circumstances, that: a person has obscured some or all of the windows; there is litter, rubbish, or waste in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle; there is furniture set up in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, Page4 of 15
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or recreational vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or there is evidence of human urination or defecation around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle.
B. This Section shall not apply if the street, city parking lot, city right-of-way or public property is specifically authorized by the City Manager, or designee, as defined here to be used for habitation.
Section 3997.3. Overnight Camping on Private Property
A. Notwithstanding any other provision of this code or the Grover Beach Development Code, a total of three vehicles per parcel, may be used by people who lack access to permanent or safe shelter and who cannot obtain other housing for overnight camping in a parking lot or paved or gravel surface of a parcel of any size owned or leased by a religious institution, nonprofit, or a business, with permission of the property owner and lessee, and only after owner is issued a city permit by the Community Development Department.
B. A property owner or lessee who allows overnight camping on a property pursuant to this section shall:
1. Provide persons camping overnight with access to sanitary facilities, including but not limited to toilet, hand washing and trash disposal facilities at all times people are authorized to be present for overnight camping; and
2. Not require payment of any fee, rent or other monetary charge for overnight camping authorized by this section.
3. Restrict the use of owner's or lessee's property for no longer than 72 hours for each vehicle.
4. Not allow the dumping of wastewater or trash on the property unless sufficient city approved receptacles are available.
5. Not allow for the storage of personal property beyond six feet immediately adjacent to the vehicle.
6. Not allow on-site storage of personal property when the personal property owner is no longer staying on the property being used for camping.
C. A property owner who permits overnight camping pursuant to this section may revoke that permission at any time and for any reason. Any person who has permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked.
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D. The provisions of this section are not intended to limit or otherwise change any land uses that may be permitted on property under the Grover Beach Development Code.
E. This section shall not apply when the camping by tent or other removable structure is by minor children, under the direct care and supervision of a parent or guardian who is related to or visiting the owner of such property or the lessee of such property or the person in lawful possession of such property. This exception is only intended to cover short term and temporary camping in no event longer than three days.
Chapter 14.2
USE OF PUBLIC RIGHTS-OF-WAY AND CITY PROPERTY FOR CAMPING Section 3997.4. Purpose and Scope
This Chapter is intended to balance and prioritize several interests: recognition of the essential human dignity of everyone in the City of Grover Beach; the need to have safe and orderly conditions in City rights-of-way and public property for the safety and benefit of everyone in Grover Beach; the right of everyone in Grover Beach to have shelter for sleep and safety; and respect for public spaces and public property in service to the entire community.
With this in mind, this Chapter is intended to regulate the use of public rights-of-way and City property to protect and preserve public places for their designed and intended purposes, while also making them available for shelter and sleeping by people who have no other options for shelter.
The City recognizes that surviving on City streets is typically an option of last resort. This Chapter and the City's enforcement efforts will be focused on mitigating the impacts to public health and safety that can arise from survival camping in public places.
Section 3997 .5. Definitions
A. To "camp", "tent camp" or the act of "camping" means to pitch a tent, use, or occupy camp materials or a camp for the purpose of occupancy, habitation, or sheltering for survival .. and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. A "camp" is a location where people camp or are camping.
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B. "Camp materials" may include, but are not limited to, tents, chairs, tarps or tarpaulins, cots, beds, sleeping bags, flameless stoves, blankets, sleeping or bedding materials, food or food storage items, and/or similar items that are or appear to be used as living and/or sleeping accommodations, or to assist with living and/or sleeping activities.
C. "City property" includes all real property, land and public facilities owned, leased (either to the City or by the City), controlled, or managed by the City of Grover Beach including City parking lots or parking structures, but excluding City owned or managed rights-of-way.
D. "Established campsite" means a location or locations in the public right-of-way or on City property where a camp, camps, and/or camp materials have been set up for twenty-four (24) hours or more. Camps shall consist of no more than two individuals, two leashed dogs, and one tent.
E. Note: "camp", "camping", "camp materials", "tent camps" and "established campsite" do not include vehicles, automobile, or recreational vehicles used for shelter and/or sleeping on public property or tents on private property, which are regulated in Sections 3997.2, or 3997.3. "City parking lot or parking structure" is a type of City property and means a developed or undeveloped area or facility owned, maintained, and/or leased by the City that is designated and/or used for parking vehicles.
F. "Public rights-of-way" means all City-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. Public rights-of-way include but are not limited to any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular, pedestrian, utilities or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the public right-of-way.
G. Transportation Facility Loading Area shall be defined as that area within 200 feet of where trains, buses or any form of public transportation loads or unloads passengers.
Section 3997.6 Camping Prohibited on City Property
It is prohibited at all times for any person to use City property or rights-of-way to camp or for camping or for the purpose of occupancy, habitation, or sheltering for survival unless otherwise authorized in this Chapter, provided that the City Manager may, in their discretion, designate certain City properties or portions of properties or rights-of-way as exclusive areas where camping for sheltering and/or sleeping may be allowed on a limited basis, and may set the terms and conditions of any camping use that may be allowed.
Any use of City property or rights-or-way will follow the applicable processes, including, where applicable, the Grover Beach Development and/or Municipal Code.
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Section 3997.7 Time, Place and Manner Regulations
A. People who do not have any other permanent residence or domicile and/or are involuntarily homeless are not prohibited from camping on public property or rightsof-way, provided camping is occurring in compliance with the following time, place and manner regulations and consistent with any administrative rules and policies promulgated by the City Manager, or designee, in accordance with Section 3997.6.
B. Time
1. Unless otherwise specified, any camping or camp, where allowed, may only occur for 24-hours at a time in any one location. After a camp has been in one place for 24-hours or more, the City may post notice at the location that the camp, and all associated camp materials, must be removed no more than 72 hours later and all personal property remaining will be removed, as described in Section 3997.9.
2. After 24 hours in one location, the camp and all associated camp materials must be moved at least one block or 600 feet, whatever is greater.
3. Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual's disability, as further set forth in the City's comprehensive administrative policy implementing this Chapter 14.2 adopted by the City Manager, or designee.
C. Place
1. In addition to the prohibition on camping on City property in Section 3997.6, camping is not allowed at any time in any of the following places:
a. Any area zoned Residential (R1, CR1, CPR1, R2, CR2, R3, CR3) on the City of Grover Beach Zoning Map in effect at the time.1 b. Within any residential Overlay Zone, as determined by the City of Grover Beach Zoning Map and Grover Beach Development Code. c. Any place where camping, a camp, or camp materials create a physical impediment to emergency or non-emergency ingress, egress or access to property, whether private or public, or on public 1 Zone changes amend the City of Grover Beach Zoning Map but may not always be evident on the most recently published version of the map. The formal zoning designation of an area will control even if not reflected on the most recently published map. For public rights-of-way adjacent to properties with different zoning designations, the designation that is more restrictive for purposes of this Chapter will govern the use of that segment of the right-ofway.
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sidewalks or other public rights-of-way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property.
d. Any vehicle lane, bicycle lane, or roundabout within any public rightof-way or Transport Facility Loading Area, as defined in Section 3997.5.
e. Within 1000 feet from any shelter approved under the Grover Beach Development Code and/or any applicable provision of state law. f. On any street or public right-of-way, the City has closed to camping due to construction, heavy vehicle use, or other use of the roadway that is incompatible with camping in the right-of-way. The City does not need to close a street to vehicle traffic or to close a street to camping under this section.
g. At any time, within the setback distances for a residential property or school as defined in Section 3997 .2 A. 2 and 3.
D. Manner
1. Camping, when and where allowed, is subject to all of the following:
a. Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, clear vision, fire hydrants, City or other public utility infrastructure, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.
b. A camp or camping must be limited to a spatial footprint of 12 feet by 12 feet, or 144 square feet. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended.
c. To prevent larger camping sites from forming and the impacts that can result, no more than three camps may be set up per street block.
If there are any camps set up on a particular street block, no other camp may be within 150 feet of any of those camps, including but not limited to across the street or on another street block. In open public property areas like or similar to the El Camino Real area, camps may not be within 150 feet of any other camp.
d. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on City property, or on any adjacent public or private property.
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e. Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Five Cities Fire Authority, or the Grover Beach Police Department are prohibited.
Types of flameless cooking stoves and other devices for keeping warm are permitted, as allowed by adopted City policies. f. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to city streets, public rights-of-way, public waterways and storm drains, which are not intended for disposal of gray water or black water.
g. Unauthorized connections or taps to electrical or other utilities, or violations of Building, Fire, or other relevant codes or standards, are prohibited.
h. Connections or taps to electrical or other utilities, that cross over City property, roadways, driveways, streets, sidewalks, and fences are prohibited.
i. Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, or buildings is prohibited. j
. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents, and similar items used for shelter that are readily portable are not structures for purposes of this section.
k. Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual's personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry.
I. Digging, excavation, terracing of soil, alteration of ground, water or infrastructure, or damage to vegetation or trees is prohibited. m. All animals must be leashed or crated all times. Dogs must be licensed with San Luis Obispo County Animal Services.
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Section 3997 .8 Enforcement
A. The City Manager, or designee, is specifically authorized to modify or suspend enforcement of any section or element of Chapters 14.1 or 14.2 in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the City Manager's authority, regardless of whether an emergency has been declared.
B. The City Manager, or designee may adopt administrative rules or policies governing or guiding enforcement of this Chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances.
C. Enforcement should be tailored for various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with the code, or for other reasons that may support discretion in enforcement.
D. Methods of enforcement for violations of this Chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate.
However, the intent of the City is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved. To that end, violations of this Chapter should only result in citations or arrest when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.
Section 3997 .9 Violations
A. A citation for a violation of Chapters 14, 14.1 or 14.2 ( collectively referred to in this Section as "Chapter") will be for an infraction. At the City's discretion, it may issue Administrative Citations under Article 1, Chapters 4 and 5. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.
8. Before a citation is issued, the enforcement personnel will contact the person and provide a reasonable opportunity to cure or remedy the alleged violation. In most cases, enforcement personnel will assess whether the person subject to citation has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made. The following will be communicated to the person in a manner designed to help them understand the issue or problem:
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1. A description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation.
2. A written or verbal statement that the enforcement personnel has determined the activity to be a violation.
3. A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and
4. A written or verbal statement advising that if the violation is not fixed within the time specified, a citation will be issued and that a civil penalty in the maximum amount provided for the particular infraction or administrative citation may be imposed.
C. A violation of this Chapter may result in the removal and/or clean-up of the camp or camps, camp material, or other personal property that are creating or contributing to the violation(s), typically after a request for voluntary compliance has been made as described in Section B, above, except in the case of an exceptional emergency, such as possible site contamination by hazardous materials or when there is danger to human life or safety or illegal activities, where removal can be immediate or be accomplished more quickly, depending on the severity of the situation. Any camp, camp materials, or personal property in violation of any of the standards in this Chapter may be removed or cleaned-up by the City or its designated contractors, subject to the requirements of storage of personal property and notice of storage described in Section E, below. Camps in violation will generally be prioritized for removal or clean-up based on factors such as risks and negative impacts to public health and safety and repeated violations of this chapter. A camp may be subject to removal or citation, or both.
D. Upon a determination by enforcement personnel that a camp or camping is occurring in violation of this Chapter, an established campsite may be removed pursuant to the following procedures:
1. Prior to removing an established campsite on public rights-of-way or City property, at least 72-hours in advance, except in the case of exceptional emergency or criminal activity, the City must post notice at the location that the campsite must move and all personal property remaining will be removed and must inform local agencies that deliver services to homeless individuals where the notice has been posted that such notice has been posted.
2. A campsite may be removed for violation of this chapter without posting a 72- hour notice:
a. When there are probably cause for law enforcement officials to believe that illegal activity, other than camping, is occurring on the campsite or in the immediate vicinity of the campsite, or the property 327
that comprises the campsite is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or in the event of an exceptional emergency, such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety. If the danger to human life or safety can be reduced by moving the established campsite to a safer location, such as an adjacent landscape strip, the campsite should be moved rather than removed.
3. Once the 72-hour notice has been posted, the City may act on the notice and remove the campsite beginning 72 hours after posting and for up to ten (10) days following the posting.
4. After a camp has been removed subject to a 72-hour notice or under circumstances when no advance notice is required, the camp and all associated camp facilities must be moved at least one block or 600 feet, whichever is greater, and the City may order that no camp be set up in that same location or a 100-foot radius for up to 30 days. The City will post signs informing the public that camping is prohibited at the location.
5. When removing individuals and property from an established campsite, personnel will make reasonable efforts to remove individuals without the use of force, arrest, or citation. No person may be arrested or cited for failing to move under this Chapter prior to being asked by City personnel to move.
6. When removing personal property, the City will make reasonable efforts to determine if the property belongs to an individual and has any apparent utility. The City will make reasonable efforts to identify which established campsite property was removed from, to aid in connecting people with their property. Items that are perishable, or that have no apparent use, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.
7. Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime, shall be given to law enforcement officials. Items that appear to have a value of $1,000 or more shall be stored for storage and safekeeping and shall be made available as described in Section E., below.
8. Following removal of personal property from City property or right-of-way, the City must post a notice at or as near as possible to the location the property was collected and on the City's website, stating where the personal property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.
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E. Personal property or camp materials may be removed from City rights-of-way, City property, or a camp or campsite if in violation of the provisions of this Chapter.
F. Personal property removed from City rights-of-way or City property and unclaimed at the time of removal will be stored by the City for a minimum of ninety (90) days, or the duration required by law at the time of the removal.
1. Items that are perishable, that have no apparent use, are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way or on public property may be immediately discarded.
2. The City will store personal property at or near one of the City business locations, where people can reasonably retrieve belongings.
3. The City will make reasonable efforts to provide a range of times the storage location will be available for people to collect their personal property. The City may dispose of any personal property that remains unclaimed after ninety (90) days, or such duration as required or allowed by law.
PART 3. Section 5210 of Chapter 2 of Article V (Sanitation and Health) is hereby repealed in total.
PART 4. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases, be declared invalid.
PART 5. All ordinances and parts of ordinances in conflict with those sections amended or added herein are hereby repealed.
PART 6. Effective Date. This Ordinance shall not become effective and in full force and effect until 12:01 a.m. on the thirty-first day after its final passage. However, within fifteen (15) days after adoption by the City Council, the Ordinance shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City.
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INTRODUCED at a regular meeting of the City Council held on March 13, 2023 and PASSED, APPROVED, and ADOPTED by the City Council on March 27, 2023, on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Attest:
Council Members - Robert, Rushing, Weirick, and Mayor Bright Council Members - None
Council Members - None
Council Members - None
Council Members - None
WENDI SIMS, CITY CLERK
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Chapter 10.30 RESIDENTIAL USE OF CITY STREETS AND ALLEYS, C… PRIVATE PROPERTY PROHIBITED EXCEPT FOR SAFE PARKING AREAS 6/28/23, 9:05 PM https://library.qcode.us/lib/lompoc_ca/pub/municipal_code/item/title_10-chapter_10_30?view=all Page 1 of 3 Lompoc, California Municipal Code
Title 10 VEHICLES AND TRAFFIC
Chapter 10.30 RESIDENTIAL USE OF CITY STREETS AND ALLEYS,
CITY-OWNED PARKING AREAS, AND CERTAIN PRIVATE
PROPERTY PROHIBITED EXCEPT FOR SAFE PARKING AREAS
10.30.010 Purpose.
10.30.020 Definitions.
10.30.030 No Residential Use of Vehicles on City Streets, Alleys and City-Owned Parking Areas.
10.30.040 No Residential Use of Vehicle on Certain Private Property.
10.30.050 Enforcement and Penalties.
10.30.060 Exceptions.
10.30.010 Purpose.
The purpose of this chapter is to make public streets, and other public parking areas, readily accessible to the public for their intended and supported purposes, and to limit the overnight parking of vehicles on public streets, public parking areas, and certain private property for purposes of temporary or permanent residential use, which uses of public streets, parking areas, and certain private property, are hereby deemed to be unsafe, unsanitary, and incompatible with the intended and supported uses of public streets, public parking areas, and certain private property. (Ord. 1649(18) § 1)
10.30.020 Definitions.
For the purposes of this chapter the following words or phrases shall be defined as follows:
“Alley” means that roadway defined in Section 110 of the Vehicle Code. “Overnight” means any time during the period from 10:00 p.m. on one day through 6:00 a.m. of the next day immediately following.
Attachment B
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Chapter 10.30 RESIDENTIAL USE OF CITY STREETS AND ALLEYS, C… PRIVATE PROPERTY PROHIBITED EXCEPT FOR SAFE PARKING AREAS 6/28/23, 9:05 PM https://library.qcode.us/lib/lompoc_ca/pub/municipal_code/item/title_10-chapter_10_30?view=all Page 2 of 3 “Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading of passengers or materials.
“Safe Parking Program” means “Safe Parking Program” as defined in Section 17.708.020(F) of this code.
“Street” means any public street, road, or highway, as those words are defined in Section 360, 527, or 590 of the California Vehicle Code.
“Use a motor vehicle for any residential purpose” means to stop or park a motor vehicle, if it contains:
(i) any occupant sleeping therein overnight; or (ii) bedding or camp paraphernalia arranged for the purpose of, or in such a way as to accommodate any occupant thereof sleeping therein. (Ord. 1680(21) § 1; Ord. 1649(18) § 1)
10.30.030 No Residential Use of Vehicles on City Streets, Alleys and City-Owned Parking Areas.
A. Prohibition. No person shall use a motor vehicle for any residential purpose on any public street or alley overnight. Nor shall any person use a motor vehicle for any residential purpose at any time on any City-owned parking area, unless otherwise expressly indicated otherwise by signs at the entrance to the parking area.
B. The City Manager, in consultation with the Police Chief and Fire Chief, can approve time-limited exceptions to the prohibitions set forth in Subsection A of this section, due to natural disasters or other reasons that better serve the public health and safety.
C. Notice and Effect. This section shall not be effective until and unless public notice of the applicability of this section to: (i) the streets and alleys is provided in accordance with California Vehicle Code section 22507 at each vehicular entrance to the City; and (ii) public parking areas with signage at each vehicular entrance to that public parking area which it will apply. (Ord. 1649(18) § 1)
10.30.040 No Residential Use of Vehicle on Certain Private Property.
No person shall use a motor vehicle for any residential purpose overnight on any private property, except as provided in Subsection A of Section 10.30.060. (Ord. 1680(21) § 2; Ord. 1649(18) § 1)
10.30.050 Enforcement and Penalties.
A. This chapter shall be enforced by the City’s Police Department or such other departments or persons designated by the Chief of Police.
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Chapter 10.30 RESIDENTIAL USE OF CITY STREETS AND ALLEYS, C… PRIVATE PROPERTY PROHIBITED EXCEPT FOR SAFE PARKING AREAS 6/28/23, 9:05 PM https://library.qcode.us/lib/lompoc_ca/pub/municipal_code/item/title_10-chapter_10_30?view=all Page 3 of 3 B. Any violation of this chapter shall be a parking violation, the amount of penalties for which shall be set by the City Council by resolution. (Ord. 1649(18) § 1)
10.30.060 Exceptions.
A. This chapter is not applicable to persons using their vehicles for residential purposes when the vehicle is parked in a designated overnight parking space as part of a permitted Safe Parking Program.
B. No citation for a violation of this chapter, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement officer is able to make an affirmative determination that: (1) there is a sleeping space practically available to such person in a shelter within the City of Lompoc or within one mile outside the City of Lompoc; or (2) there is a parking space practically available for such person’s vehicle as part of a Safe Parking Program or similar vehicular sheltering program. (Ord. 1680(21) § 3; Ord. 1666(19) § 3; Ord. 1649(18) § 1) Contact:
City Clerk: 805-875-8241
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELK GROVE ADDING CHAPTER 9.38 TO THE ELK GROVE MUNICIPAL CODE
WHEREAS, the City Council recognizes that unlawful camping by unhoused persons, and the activities often attendant with unlawful camping, have created public health and safety problems within the City; and
WHEREAS, the City Council wishes to adopt an ordinance seeking to address unlawful camping in the City of Elk Grove.
NOW, THEREFORE, the City Council of the City of Elk Grove does hereby ordain as follows:
Section 1: Purpose and Findings
The purpose of this ordinance is to amend the Elk Grove Municipal Code to enact regulations to address unlawful camping and homelessness in the City. The City Council has authority to adopt this ordinance pursuant to California Constitution Article XI, Section 7.
In adopting this ordinance, the City Council makes the following findings:
A. There are currently approximately 150 unsheltered persons experiencing homelessness within the City.
B. The living conditions of persons experiencing homelessness in the City are unhealthy and unsafe, and negatively impact the health, safety, and welfare of City residents and the homeless community in the City.
C. According to Homelessness in Sacramento County (which documents the results from the 2019 Point-in-Time Count), 21 percent of unsheltered respondents reported having a severe psychiatric condition and 9 percent of respondents reported that their use of alcohol or drugs prevents them from keeping a job or maintaining stable housing.
D. Research indicates that nationally approximately one-third of individuals who are homeless experience alcohol and drug problems. (Gillis, Dickerson, & Hanson, 2010).
E. Homeless camping areas and encampments generate hazardous waste, including human waste, creating dangerous health conditions within the City. Such unsanitary conditions can lead to infestation of vermin and the spread of communicable diseases.
F. Some homeless persons in the City live in makeshift shelters on both private and public property, such as tents, tarps, non-permanent boarded structures, and other non-substantial temporary structures creating a public health and safety hazard.
G. The City’s police department and other City departments regularly receive calls for service related to homeless activities.
H. Criminal activity may be present in and near homeless camping areas or encampments, which creates potential victimization of all residents, housed and unhoused. The prevalence of substance abuse and mental health disorders can also lead to an increase in low-level offenses due to individuals being disconnected from support and housing opportunities.
Attachment C
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I. The City is the owner of a Municipal Separate Storm Sewer System (MS4) that includes, without limitation, storm drains, detention basins, creeks, and channels; and is subject to the requirements of the Clean Water Act National Pollutant Discharge Elimination System (NPDES) Permit, which requires controls to reduce the discharge of pollutants in storm water from MS4s to the maximum extent practicable. Unlawful camping activity can lead to pollutants in runoff, and pollutants in runoff can threaten and adversely affect human health and aquatic organisms.
J. Unlawful camping can lead to damage to and/or hindrance of operation of public infrastructure in the City, creating a potential health and safety hazard.
K. Unlawful camping can have a deleterious impact on businesses, private property, and economic development within the City.
L. By this ordinance, the City Council seeks to implement enforcement efforts to address the health and safety concerns presented by unlawful camping and the homelessness issue in the City, while seeking to provide those experiencing homelessness with potentially available resources to ameliorate their condition.
Section 2: California Environmental Quality Act (CEQA)
Finding: Adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code, Sections 21000, et. seq., hereafter “CEQA”) pursuant to state CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), 15307, and 15308.
Evidence: CEQA requires analysis of government agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” (CEQA Guidelines, §15378.) The proposed project includes discretionary amendments to the City’s Municipal Code and is a project under CEQA; but it is exempt from CEQA review as set forth below.
CEQA Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment. CEQA Guidelines Section 15061(b)(3) states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of the code amendments set forth in this ordinance does not approve any physical development project, and it would not result in a direct or indirect adverse physical changes in the environment.
Rather, this action is directed toward addressing homeless issues in the City, including improving conditions within the City through enforcement efforts.
Because the ordinance is aimed at improvement or restoration of the environment through enforcement efforts directed to improve public health and safety, adoption of the ordinance is also exempt from CEQA under CEQA Guidelines 15307 and 15308, as an action taken by the City to assure the maintenance, restoration, or enhancement of a natural resource and/or the environment.
Section 3: Action
Elk Grove Municipal Code Title 9 is hereby amended by the addition of Chapter 9.38 as shown in Exhibit A, incorporated herein by this reference. 335
Section 4: No Mandatory 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 towards 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 5: Severability.
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced.
Section 6: Savings Clause
The provisions of this ordinance shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by said Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.
Section 7: Effective Date and Publication
This ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to GC 36933(c)(1).
ORDINANCE: 16-2022
INTRODUCED: June 8, 2022
ADOPTED: June 22, 2022
EFFECTIVE: July 22, 2022
BOBBIE SINGH-ALLEN, MAYOR of the
CITY OF ELK GROVE
ATTEST: APPROVED AS TO FORM:
JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS,
CITY ATTORNEY
Date signed: ______________________ June 23, 2022
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Exhibit A
Municipal Code Amendments
Additions are shown in underlined text).
Chapter 9.38 is added to the Elk Grove Municipal Code to read as follows:
Chapter 9.38
UNLAWFUL CAMPING
9.38.010 Definitions
9.38.020 Prohibitions
9.38.030 Temporary Seizure of Property
9.38.040 Administration
9.38.050 Violations
9.38.010 Definitions.
As used in this chapter, the following terms shall have the following meaning:
A. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and schoolage child care centers.
B. “Camp” or “camping” means to engage in any of the following activity at a single camping area within the City for a period longer than twenty-four (24) consecutive hours: place, pitch, or occupy camp facilities; live temporarily in a camp facility or camping area or outdoors; and/or to use camp paraphernalia.
C. “Camping area” includes the primary physical area of occupation of a single camping person.
D. “Camp facilities” includes, but is not limited to, tents, huts, vehicles, or temporary shelter.
E. “Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
F. “City” means the City of Elk Grove, including its employees and agents.
G. “City manager” means the city manager of the City of Elk Grove or their designee.
H. “Encampment” means four (4) or more persons camping together within fifty (50) feet of each other and without permitted electrical power, permitted running water, and/or permitted bathroom facilities that serve that encampment.
I. “Housing support services” means housing support services intended to connect a person with temporary or permanent housing resources. 337
J. “Playground” means any recreational area specifically designed to be used by children which has play equipment installed, including, without limitation, public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.
K. “Public property” means any real property located in the City and owned in fee title, or its equivalent, by the City or any federal, state, or local government agency.
L. “Public facility” means any building, structure, or area enclosed by a fence located on public property, whether secured, unsecured, locked, unlocked, open, or enclosed.
M. “Private property” means any real property located in the City and owned in fee title, or its equivalent, by a private person or entity. The fact that private property may contain an easement, lien, or other interest less than fee title, or its equivalent, by a governmental or public agency does not negate the status of the property as private property.
N. “School” means the buildings and grounds of any public or private school used for the purposes of the education of children in kindergarten or any of the grades one (1) through twelve (12) inclusive.
O. “Sidewalk” means any area in the City provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property.
P. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
9.38.020 Prohibitions.
A. It shall be unlawful and a violation of this chapter for any person or persons to do any of the following on any public property within the City:
1. Camp within 500 feet of the grounds of any day care center, school, playground, or youth center.
2. Occupy a camping area greater than 150 square feet measured from the center of the primary living area of the total camping area.
3. Occupy any encampment.
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4. Fail to keep any camping area clean and free of garbage, debris, waste, including without limitation, hazardous waste and/or human waste.
5. Camp in any structure or structures that an authorized City official finds is unsafe for human occupation.
6. Break or damage any lock on any public facility in order to access the public facility, and/or to camp within a public facility.
7. Lock or otherwise impair or impede access of public employees or agents to any public facility.
8. Block, obstruct, or otherwise interfere with access to, a public facility, sidewalk, and/or other public right-of-way.
B. It shall be unlawful and a violation of this chapter for any person to camp on private property without the consent of the owner of the private property.
C. Notwithstanding the foregoing, it shall not be a violation of this section or this chapter for a person to camp on public or private property with the express permission of the owner of the property.
9.38.030 Temporary Seizure of Property.
A. Subject to section 9.38.050, any person who violates section 9.38.020 shall be subject to having their personal property temporarily seized by the City pursuant to this section.
B. Prior to any seizure of personal property pursuant to this section, the City shall provide the owner/possessor of the personal property not less than seventy-two (72) hours’ written notice, on a form prescribed by the City Manager. The written notice may be personally served on the owner of the personal property or posted at the location where the personal property is stored or located.
C. Upon seizure of any personal property pursuant to this section, the City shall provide the owner/possessor with a written receipt itemizing the personal property seized, advising that the personal property will be held by the City for not less than 90 days, that the owner/possessor of the seized property may retrieve such personal property within that 90-day period at an address provided on the receipt, during normal business hours, and that the City may destroy or otherwise dispose of that personal property if not reclaimed and retrieved by the owner/possessor within that 90-day period. Nothing herein shall require the City to store or maintain personal property that is determined by the City to present a health or safety hazard, is soiled by human waste or other contamination, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs. 339
D. Following seizure of any personal property pursuant to this section, the City shall secure and store the personal property seized, at the City’s expense, for a period of not less than ninety (90) days. Such personal property shall be returned to the owner/possessor upon presentation of the receipt identified in subsection (C), or such other proof satisfactory to the City that person seeking return of the property is the owner or otherwise has a viable claim to reclaim the personal property. Any personal property not reclaimed within ninety (90) days of its seizure may be destroyed or disposed of by the City, in its discretion.
9.38.040 Administration.
The City Manager shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter, to administer the provisions of this chapter.
9.38.050 Violations.
A. Any person violating this chapter shall be subject to the following penalty.
1. Temporary seizure of personal property, as set forth at section 9.38.030.
2. Prior to the City pursuing the remedy set forth at subsection A.1., above, the City shall provide the violator, orally or in writing, with information about housing support services. Nothing in this section or this chapter shall require the City to provide housing to such violator.
B. Notwithstanding subsection A of this section:
1. Any violation of this chapter may be remedied by a civil action brought by the City Attorney.
2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City by any lawful means.
C. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.
D. Notwithstanding any other provision of this chapter or this Code, a person violating a provision of this chapter shall not be subject to any monetary fine or fines. 340
CERTIFICATION
ELK GROVE CITY COUNCIL ORDINANCE NO. 16-2022
STATE OF CALIFORNIA )
COUNTY OF SACRAMENTO ) ss
CITY OF ELK GROVE )
I, Jason Lindgren, City Clerk of the City of Elk Grove, California, do hereby certify that the foregoing ordinance, published and posted in compliance with State law, was duly introduced on June 8, 2022, and approved, and adopted by the City Council of the City of Elk Grove at a regular meeting of said Council held on June 22, 2022, by the following vote:
AYES: COUNCILMEMBERS: Singh-Allen, Suen, Hume, Spease, Nguyen NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A summary of the ordinance was published pursuant to GC 36933(c) (1).
Jason Lindgren, City Clerk
City of Elk Grove, California
341