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HomeMy WebLinkAboutOrdinance 574 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 574, adopted by the Atascadero City Council at a regular meeting thereof held on November 12, 2013, andthat it has been duly published pursuant to State Law. DATED: .._ Marcia McClure Torgenson,C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 574 AN ORDINANCE OF THE CITE' COUNCIL. OF THE CITE' OF ATASCADERO, CALIFORNIA, REPEALING SECTION 10-1.33 OF THE ATASCADERO MUNICIPAL CODE AND AMENDING TI'T'LE 5 OF THE MUNICIPAL CODE BY ADDING CHAP'T'ER 15 (PROHIBITED CAMPING) WHEREAS, the City of Atascadero currently has a statute prohibiting camping within the City limits that has been deemed unenforceable in San Luis Obispo County; and, WHERE,AS,the health and welfare of the citizens of the City of Atascadero is jeopardized. by the health hazards that accompany illegal camping within the City limits. The City Council of the City of Atascadero ordains as follows: SECTION 1. The City Council of the City of Atascadero finds as follows: A. Recently, there has been an increase in camping activity throughout the City, on both public and private property that is not otherwise intended for camping activities. B. Camping activities on property that is not intended for such activities has created numerous health and safety concerns, including but not limited to problems with pollution,littering, sanitation,public intoxication and physical fighting. C. In addition, such camping activities have resulted in aesthetic concerns such as increased graffiti, the abandonment of personal property, and damage to native tree and plant life throughout the City. D. As a result of this increase in camping activities, the Atascadero Police Department reports that it has received daily calls for service regarding such secondary effects of camping activities. E. The City's current prohibition on camping is limited to public parks and parking places, which does not adequately cover all of the areas of public property that are currently being utilized. for camping activities. In addition, the language of the current regulation needs to be updated to specifically clarify the activities that constitute unlawful"camping." F. The California Supreme Court has affirmed that there is no fundamental right to use public property for camping or storing personal belongings. (Tobe v. City of Santa Ana.(1995)9 Cal.4th 1069, 1104). City of Atascadero Ordinance No.574 Page 2 of 5 SECTION 2. Section 10-1.33, of Chapter 1 of Title 10 of the Atascadero Municipal Code is hereby repealed. SECTION 3. Title 5 of the Atascadero Municipal Code is hereby amended by adding Chapter 15 (Prohibited Camping)to read as follows: Chapter 15 PROHIBITED CAMPING 5-15.101 Purpose. The use of public places and public rights-of-way for camping and storage of personal property interferes with the rights of the public to use such areas in.the manner in which they were intended. The purpose of this chapter is to ensure that public places and rights-of-way are readily accessible to the public in a safe and unobstructed manner. 5-15.102 Definitions. As used in this chapter: "Camp" or "camping" means the use of public places or public right-of--ways for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings,or making any fire,or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent,or the nature of any other activities in which he or she might also be engaged. "Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, tarps, cots, beds, sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that are used to create temporary shelters and accommodations. "Dwelling" or"living quarters" means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure. "Public place" means any public property, improved or unimproved, including but not limited to parks (as defined in section 10-1.01 of this code), outdoor recreation areas (as defined in section 10-1.01 of this code), public parking lots, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public right-of-way" means any public streets, sidewalks, alleyways, or passageways that are open to vehicular,bicycle or pedestrian traffic. "Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place or leave in a location. City of Atascadero Ordinance No.574 Page 3 of 5 5-15.103 Prohibited camping. (a) No person may camp on a public place or public right-of-way. (b) No person may store unattended personal property, including but not limited to camp paraphernalia, in any public place or public right-of-way, except as otherwise provided by resolution of the City Council. (c) No person may use any car, trailer, camper, recreational vehicle, or mobile-home as a dwelling or as living quarters to camp on any public place or public right-of-way. (d) No person may camp or store unattended personal property, including but not limited to camp paraphernalia, on any privately owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance. (e) Nothing in this section may be construed to prohibit camping or storage of unattended personal property m a public campground operating pursuant to a valid.permit license, or other approval issued under federal,state or local law. 5-15.104 Exception. The prohibitions on camping contained in section 5-15.102 will not apply when a person can demonstrate that camping is otherwise involuntary or unavoidable due to circumstances beyond a person's control. However, nothing in this section will prevent the city from abating a condition created by such camping or storage of personal property that presents an immediate threat to the public health or safety. 5-15.10.5 RemovaL (a) Unlawful camping or unattended storage of personal property in violation of this chapter is declared to be a public nuisance. (b) Following notice and an opportunity to cure, city police or code enforcement officers may remove or cause the removal of any personal property, including but not limited to camp paraphernalia,that is being used to camp or is being stored in violation of this chapter. (c) If the unlawful camping or storage of personal property presents an immediate threat to the public health or safety,the chief of police may immediately cause the removal of the threat. (d) Personal.property that is removed pursuant to this section will be held by the city for a period of 90 days, provided that items that create an immediate threat to health or safety may be disposed of immediately. If personal property is not collected within 90 days, such property will be deemed abandoned and destroyed. i (e) Upon removal. of personal property pursuant to this section, written notice will be City of Atascadero Ordinance No. 574 Page 4 of 5 provided to the owner of such property, or if the owner cannot be located, written notice will be conspicuously placed in the location where the personal property was located. The notice will state the following: (1) The date that personal property was removed; (2) The address and hours of operation where personal property may be collected; (3) The date on which uncollected property will be deemed abandoned and destroyed; and (4) Requirements for retrieval of property. SECTION 4. Violations of this chapter are subject to the penalties set forth in Title 12 of this code. SECTION 5. 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 will 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. SECTION 6. A summary of this ordinance, approved by the City Attorney, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on November 12, 2013, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on December 10, 2013,by the following roll call vote: AYES: Council Members Fonzi, Kelley and Moreno, Mayor Pro Tem Sturtevant and Mayor O'Malley NOES: None ABSTAIN: None ABSENT: None City of Atascadero Ordinance No.574 Page 5 of 5 CmTAS ERO Tom UM-��ey,Mayor ATTEST: Marcia McClure Torgerson,C.M.C.,City Jerk APPPsOVEP AS T '"ORM: Brian A. Pierik,City Attorney