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HomeMy WebLinkAbout2374 ORDINANCE NO. 2374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING CHAPTER 9 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY WHEREAS, the City of Arcadia ("City") encourages the use of open spaces and facilities within the City by all members of the community; and WHEREAS, camping within the City limits creates unsanitary, unhealthy, disorderly, and dangerous conditions that may affect both the campers and the general public; and WHEREAS, camping within the City limits tends to degrade or even destroy the property upon which the camping is occurring, particularly in situations where an encampment is large and ongoing; and WHEREAS, camping within the City limits detracts from the use of the property for its intended purposes; and WHEREAS, the City has the authority to regulate to ensure the public's health, safety, and general welfare, and desires to regulate camping within the City; and WHEREAS, a Ninth Circuit Court of Appeals decision, Martin v. City of Boise (2019), prohibits criminal prosecution for sleeping outside when shelter is unavailable; and WHEREAS, the holding in Boise does not apply to individuals who have access to temporary shelter; and WHEREAS, the Ninth Circuit expressed that even where shelter is unavailable, an ordinance prohibiting sitting, lying or sleeping outside at particular times or in particular locations may be allowed under the U.S. Constitution; and WHEREAS, the City intends to act in accordance with the Boise decision; and WHEREAS, the City finds that camping prohibitions will best serve the public's health, safety, and general welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. SECTION 2. Chapter 9 of Article VII of the Arcadia Municipal Code is amended to read in its entirety as follows: Chapter 9 CAMPING AND STORAGE OF PERSONAL PROPERTY PART 1. PURPOSE AND DEFINITIONS 7910. PURPOSE. This Chapter is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the City limits for their intended purposes. Public property 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 their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to public property. This Chapter is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City. 2 7911. DEFINITIONS. The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended. (a) "Camp" or "Camping" means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp. (b) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area. (c) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating facilities and similar equipment. (d) "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources. (e) "Enforcing employee" means the employee of the City, authorized to enforce this chapter. 3 (f) "Landscaped area" means any manicured or natural ground covered areas including but not limited to flower beds, bushes, brush areas, or shrubs. (g) "Personal property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, backpacks, clothing, food, documents, and medication. (h) "Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; park playgrounds; freeway on-ramps and off-ramps; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City. (i) "Public utilities" means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties located within the City that are not designated for public use. (j) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (k) "Very High Fire Severity Zones" means mapped area as defined by the Office of State Fire Marshal that designates zones (based on factors such as fuel, slope, and fire weather) with varying degrees of fire hazard (i.e., moderate, high, and very high). 7912. UNLAWFUL CAMPING. It shall be unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or use public utilities on any public property within the City, except as otherwise provided herein or mandated by applicable law. It is a violation of this section to set up provisions for the purpose of camping whether or not a full night is actually spent at the location. 4 7913. STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein or mandated by applicable law. 7914. OFFER OF HOUSING, SHELTER AND SERVICES. Prior to directing a person to remove camp facilities or prior to removing the camp facilities, the enforcing employee shall offer information to the occupant(s) regarding any available housing or shelter and other health and human services that said employee reasonably believes are relevant to the occupant(s) and their individual circumstances. 7915. EXEMPTION FOR NECESSITY. The provisions of this Chapter shall not apply to any individual camping by necessity, including, for example, those instances in which every shelter in the local area is at capacity. In order to comply with applicable case law, the City Manager may establish local guidelines to determine whether an individual is camping by necessity. If an individual is camping by necessity, the following criteria for safe camping shall apply: (a) No person shall erect, configure, or construct any camp facilities in any public area from 7:00 a.m. to 10:00 p.m. (except during rainfall). A person must take down, fold, and completely remove or put away any camp facilities erected, configured, or constructed on any public property between the hours of 7:00 a.m. and 10:00 p.m. (except during rainfall). At no time shall any person obstruct access to a street, sidewalk, park playground, public utility, public property, or other public right-of- way open for pedestrian travel or governmental use: 5 1. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property in a manner that does not allow for passage as required by the Americans with Disabilities Act of 1990, as amended from time to time; or 2. By sitting, lying or sleeping, or by storing, using, maintaining or placing personal property within ten feet or any operational or utilizable, entrance, exit, driveway, or loading dock; or 3. By creating any barrier with string, wire, rope, or chain, or other attachments or appurtenances upon City owned trees, light poles, fences, equipment or other public facilities. (b) The use of public utilities not designated for public use is prohibited. (c) Upon resolution adopted by the City Council and the posting of signage, camping is prohibited in the following areas: 1. City benches located in areas as described in Section 7915(c)2 throughl4 2. Bridges and highway underpasses or overpasses (within 500 feet thereof) 3. Park Playgrounds and Synthetic Turf Areas 4. Park Picnic Areas including Tables, Bleachers, Benches, and Pavilions 5. Arcadia Transit Plaza 6. Arcadia City Hall 7. Arcadia Public Library 8. Gilb Museum of Arcadia Heritage 9. Museum Education Center 10.Arcadia Community Center 6 11.Arcadia Recreation Office 12.Arcadia Par 3 Golf Course 13.Landscaped Areas 14. Freeways onramps and off-ramps 15.Very High Fire Severity Zones 16. Within 25 feet of the following City designated zoning: i. Central Business District (CBD) ii. General Commercial (C-G) iii. Professional Office (C-O) iv. Regional Commercial (C-R) v. Mixed Use (MU) vi. Downtown Mixed Use (DMU) 7916. OTHER EXEMPTIONS. The provisions of this Chapter shall not apply in the event of an emergency, including a City declared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in organized and supervised recreational activities in parks within the City or the Civic Center area, if approved by the City's Director of Recreation and Community Services or City Manager, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the City or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment. 7 7917. NOTICES The enforcing employee shall provide occupants of a camp facility notice of intent to remove the encampment at least 24 hours in advance of any action to remove the camp facility for a violation of Section 7913. Notice shall be in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcing employee attempts to serve notice. In addition, the enforcing employee shall post the notice on or near the camp facility, so as reasonably to communicate the notice to persons living at the camp facility but not present during the attempt to serve notice. The notice shall contain the following information: A. The location of the camp facility; B. The date and time notice was served or posted; C. A statement that the camp facility violates this Chapter; D. An advisement that the City will remove the camp facility 24 hours after the date and time of the notice; E. Information about any housing or shelter and homeless services available for occupants of the camp facility and the phone number and address to contact in order to obtain the housing or shelter or other health and human services; F. An advisement that any personal property remaining at the camp facility site when the enforcing employee returns to remove the camp facility will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and G. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval. 8 7918. PERSONAL PROPERTY. A person occupying a camp facility who is present at the time the enforcing employee is removing the camp facility may retain his or her personal property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permitted by law. Any personal property seized shall be stored for no less than 90 days, with the following exceptions: A. Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and B. Items that constitute evidence of a crime or contraband may be seized and discarded, as permitted by law. 7919. ENFORCEMENT. The prohibition of Sections 7912, 7913, and 7915 may be enforced by: (1) the Arcadia Police Department; (2) the City's Code Services & Enforcement Division; (3) Parks and Facilities personnel; (4) or other local law enforcement. The City Manager, or a department designated by the City Manager, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this Chapter and may create any additional procedures consistent with this Chapter necessary or appropriate to protect the property rights of individuals whose property is taken into custody pursuant to this Chapter. 9 7920. PENALTY. Violations of Sections 7912 and 7915 may be charged as a misdemeanor and be eligible for referral to any applicable prosecutorial-led diversion program. Violations of Sections 7913 are subject to an administrative citation pursuant to Chapter 4A of this Code. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of the City within fifteen (15) days after its adoption. This Ordinance shall take effect on the 10 thirty-first (31st) day after its adoption. Passed, approved and adopted this 16th day of February, 2021. ✓/!./{/�`//^/'' (51)6"- - Mayor of the City of Arcadia ATTEST: i y Clerk / APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 11 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2374 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 16th day of February, 2021 and that said Ordinance was adopted by the following vote, to wit: AYES: Cheng, Verlato, Tay, and Chandler NOES: None ABSENT: None ABSTAIN: Beck 1411411 y Clerk'. e City of Arcadia 12