HomeMy WebLinkAboutItem 13b - Camping and Storage of Personal Property on Public Property Ordinance Amendment
DATE: September 21, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
SUBJECT: ORDINANCE NO. 2381 AMENDING SECTION 7915 OF CHAPTER 9 OF
ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO
CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC
PROPERTY AND DETERMINING THE ORDINANCE IS
CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (“CEQA”)
Recommendation: Introduce
SUMMARY
At its regular meeting on February 2, 2021, the City Council 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 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 17, 2021, City Council meeting, the City Council voted to amend Ordinance
No. 2374 to update the camping prohibition hours from 7:00 a.m. to 10:00 p.m. to 7:00
a.m. to 8:00 p.m., and to add clarifying language prohibiting camping on all real property
or lots associated with prohibited camping areas on public property. Therefore, it is
recommended that the City Council introduce Ordinance No. 2381 (Attachment “A”)
amending Section 7915 of Chapter 9 of Article VII of the City of Arcadia Municipal Code
relating to camping and storage of personal property on public property and find that this
action is categorically exempt under the California Environmental Quality Act.
Ordinance No. 2381 – Camping and Storage of Personal Property on Public Property
September 21, 2021
Page 2 of 3
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.
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. At the August 3, 2021, City Council meeting, Council
Member Beck requested that the Ordinance be brought back for further discussion and
amendment. At the August 17, 2021, the City Council direct staff to return with a draft
Ordinance that would update the camping prohibition hours from starting at 10:00 p.m. to
instead start at 8:00 p.m., and to add further clarifying language prohibiting camping on
all real property or lots associated with prohibited camping areas, not just the buildings
noted in the original Ordinance.
DISCUSSION
Based on the City Council’s direction, Ordinance No. 2381 provides two amendments to
the City’s Anti-Camping regulations. A red-lined version of Ordinance No. 2374 is
included as Attachment “B”. The amendments are listed as follows:
Section 7915 (a): No person shall erect, configure, or construct any camp facilities
in any public area from 7:00 a.m. to 8:00 p.m. (except during rainfall), replacing a
10:00 p.m. restriction.
Section 7915 (a): 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 8:00 p.m. (except during rainfall), replacing a
10:00 p.m. restriction.
Section 7915 (c): This section lists the public property which camping is expressly
prohibited. The amended language clarifies that camping is prohibited on related
areas including without limitation, the entirety of the real property or lot on which
each of the following is located.
The proposed modifications would allow slightly more flexibility for those that would be
camping by necessity in that they would be allowed to begin camping two hours earlier
Ordinance No. 2381 – Camping and Storage of Personal Property on Public Property
September 21, 2021
Page 3 of 3
each day. The clarifying language will allow for easier implementation of the Ordinance
in that everyone will more clearly understand that the prohibitions apply to the entire
property on which certain public buildings sit and not just the area immediately around
the building. For instance, a prohibition of camping at “Arcadia City Hall” has always been
intended to include the building, the lawn, the walkways, and the parking lots; however,
in the original language, this could have been unclear. The new language makes it
expressly clear. For these reasons, it is recommended that the proposed Ordinance be
introduced.
FISCAL IMPACT
The introduction of Ordinance No. 2381 has no direct fiscal impact to the General Fund,
but the additional clarifying language should reduce some staff time in answering potential
questions or challenges about what was intended with the original language.
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.
RECOMMENDATION
It is recommended that the City Council determine that this does not constitute a project
under CEQA; and introduce Ordinance No. 2381 amending Section 7915 of Chapter 9 of
Article VII of the City of Arcadia Municipal Code relating to camping and storage of
personal property on public property.
Attachments: “A” - Ordinance No. 2381
“B” - Ordinance No. 2374 Red-Lined
Attachment "A"
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
Attachment "B"
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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.
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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.
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(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.
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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 108:00 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 108:00
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:
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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 on the following public property and related in the following areas
including without limitation, the entirety of the real property or lot on which each of
the following is located:
1. City benches located in areas as described in Section 7915(c)2 through14
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
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9. Museum Education Center
10. Arcadia Community Center
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.
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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
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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.
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
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appropriate to protect the property rights of individuals whose property is taken into
custody pursuant to this Chapter.
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)
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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
thirty-first (31st) day after its adoption.
Passed, approved and adopted this 2nd day of February, 2021.
_________________________
Mayor of the City of Arcadia
ATTEST:
________________________
City Clerk
APPROVED AS TO FORM:
________________________
Stephen P. Deitsch
City Attorney