HomeMy WebLinkAboutItem 13b - Amendment to Anti-Camping Ordinance
DATE: August 17, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
SUBJECT: REPORT, DISCUSSION, AND DIRECTION REGARDING
AMENDMENTS TO THE CITY’S ANTI-CAMPING ORDINANCE
Recommendation: Provide Direction
SUMMARY
At its regular meeting on February 16, 2021, the City Council adopted Ordinance No.
2374 (Attachment “A”) amending Chapter 9 of Article VII of the City of Arcadia Municipal
Code relating to camping and storage of personal property on public property in
response to the Martin v. Boise decision. Ordinance No. 2374 includes criteria further
defining lawful and unlawful camping, along with restrictions on time, manner, and place
to better protect those that are experiencing homelessness as well as the community at
large, including additional enforcement tools. At the August 3, 2021, City Council
meeting, Council Member Beck requested that the Ordinance be brought back for
further discussion and amendment. His request was supported by Mayor Pro Tem
Cheng and Council Member Verlato. Therefore, it is recommended that the City Council
provide direction on any desired amendments to the City’s Anti-Camping Ordinance.
BACKGROUND
Camping on public property can create an unsanitary and unhealthy environment for the
persons camping, as well as persons coming into contact with the campers. Both
campers and the general public can be affected by the unsafe and potentially disorderly
environment. This is further exacerbated due to public health and safety concerns
related to COVID-19. In addition, some camping may interfere with the rights of others
to use the areas for their intended purposes and important federal regulations such as
providing a clear path of travel on sidewalks under the Americans with Disabilities Act.
Furthermore, camping can contribute to blight and cause damage to public property, as
well as interfering with commercial activities.
Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping
Ordinance
August 17, 2021
Page 2 of 4
At its regular meeting on February 16, 2021, the City Council, by a vote of 4-1-0 with
Council Member Beck abstaining, adopted Ordinance No. 2374 amending Chapter 9 of
Article VII of the City of Arcadia Municipal Code relating to camping and storage of
personal property on public property.
DISCUSSION
Ordinance No. 2374 updated existing camping regulations in an effort to further define
criteria surrounding lawful and unlawful camping, including restrictions on time, manner,
and place to better protect those that are experiencing homelessness as well as the
community at large. The Ordinance also strengthens and expands enforcement tools
citywide for those that may violate the City’s regulations. The Ordinance continues to
allow camping by necessity and camping with a permit, such as overnight camping
programs at Wilderness Park. Below is a summary of the provisions of the Ordinance:
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.
The use of public utilities not designated for public use is prohibited. For
example, stairwells at City Hall not normally accessed by the public cannot be
used for camping.
On July 6, 2021, the City Council adopted Resolution No. 7376 (Attachment “B”)
allowing for the posting of signage stating that camping is prohibited in numerous
areas of the City, including but not limited to the following:
o City Benches
o Under bridges and within 500 feet thereof
o Freeway Onramps and Off-ramps
o Park Playgrounds, Picnic Areas, Shelters, Synthetic Turf Areas, and
Bleachers
o Arcadia Transit Plaza
o Arcadia City Hall
o Arcadia Public Library
o Gilb Museum of Arcadia Heritage and Museum Education Center
o Arcadia Community Center
Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping
Ordinance
August 17, 2021
Page 3 of 4
o Landscaped Areas
o Arcadia Par 3 Golf Course
o Very High Fire Severity Zones
o Areas zoned for business or commercial use
Included with the Ordinance, the City developed an Anti-Camping Enforcement Area
map (Attachment “C”) to help identify and communicate to the public where camping is
permanently prohibited. This map will help ensure there is no confusion regarding
where camping is allowed by necessity and where it is fully prohibited.
Furthermore, Ordinance No. 2374 provides additional enforcement mechanisms that did
not previously exist. Violation of the City’s camping laws may be charged as a
misdemeanor and/or be subject to administrative citation. Illegally constructed camp
sites may be removed and stored by the City upon proper noticing that the camp must
be removed within 24 hours, which is consistent with current case law.
Overall, the intent of the City’s Anti-Camping Ordinance is to establish clear camping
prohibitions in order to best serve the health, safety, and general welfare of all
Arcadians, including individuals experiencing homelessness. This Ordinance 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. It also seeks to balance public health, safety, and enforcement with the rights and
unique needs of individuals experiencing homelessness who are camping by necessity.
Without proper safety and enforcement measures in place, involuntary camping can
interfere with the rights of others to use the areas for their intended purposes and is
deleterious to the public, health, safety, and welfare.
FISCAL IMPACT
Depending on the direction provided by the City Council, staff will return with cost
estimates of any proposed action. Sufficient funds are available to erect the previously
approved signage and any enforcement actions which may follow.
ENVIRONMENTAL ANALYSIS
The proposed actions do not constitute a project under the California Environmental
Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can
be seen with certainty that they will have no impact on the environment. Thus, these
matters are exempt under CEQA.
Report, Discussion, and Direction Regarding Amendments to the City’s Anti-Camping
Ordinance
August 17, 2021
Page 4 of 4
RECOMMENDATION
It is recommended that the City Council determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); and provide direction on any
amendments to the City’s Anti-Camping Ordinance.
Attachments: “A” - Ordinance No. 2374
“B” - Resolution No. 7376
“C” - Anti-Camping Enforcement Areas Map
ADOPTEDAttachment "A"
/s/ Roger Chandler
/s/ Gene Glasco
/s/ Gene Glasco
ADOPTEDAttachment "B"
/s/ Sho Tay
/s/ Gene Glasco
/s/ Gene Glasco
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S Santa Anita AveW Hunt ington D r
W Foothill Blvd
N Santa Anita AveEl Monte AveLas Tunas Dr N 2nd AveE Longden Ave
E L i ve Oa k Ave S Mayflower AveE Huntington Dr
W Longden Ave
E Duarte RdN Baldwin AveW Live Oak Ave
Peck RdArcadia City Boundary
Sphere of Influence
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Anti Camping Enforcement Areas!(
Streets
Anti CampingEnforcement Areas
City of Arcadia, California
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00.51Miles
Data Sources: City of Arcadia,
County of Los Angeles
Date Created: January 10, 2021
Attachment "C"