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HomeMy WebLinkAboutItem 2f: Ordinance 2268 - Camping and Storage of Personal Property on Public PropertyORDINANCE NO. 2268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING CHAPTER 9, PART 1 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9, Part 1 of Article VII of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: CHAPTER 9. . CAMPING AND STORAGE OF PERSONAL PROPERTY PART 1. PURPOSE AND DEFINITIONS "7910. PURPOSE. The public streets and public use areas 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 which they were intended. The purpose of this Article is to maintain public streets and other public use areas within the City in a clean and accessible condition. These areas are defined in the following sections. 7911. DEFINITIONS. The following words and phrases, when used in this Chapter, shall have the meaning ascribed to them by this Part unless it is apparent from the context that another meaning is intended. 1 (a) "Camp" means to pitch or occupy camp facilities; to use camp paraphernalia. (b) "Camp facilities" include, but are not limited to, tents, huts or temporary shelters. (c) "Camp paraphernalia" and "personal property" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non -city designated cooking facilities and similar equipment, luggage, pillows, clothing, papers, blankets and literature. (d) "Park" for purposes of this Chapter only, shall include any area within the City, whether public or private, that is created, established, designated, maintained, provided or set aside for the purposes of public rest, play, recreation, enjoyment or gathering, and all buildings, facilities and structures located thereon. (e) "Public streets and areas" shall mean public property of the City of Arcadia and Arcadia Redevelopment Agency including all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in or pursuant to any law of the State. It shall also mean the Civic Center area of the City of Arcadia in the County of Los Angeles bounded by the Northeast property line of the Los Angeles County Assessors parcel number 5775- 024 -910 on the North, Civic Center Place on the South, Huntington Drive West bound on the West and Huntington Drive East bound on the East. Public streets and areas shall also include all City of Arcadia parks including Wilderness Park, County of Los Angeles park and recreation areas established for use by the public. (f) "Store" means when used in any form as a verb to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. 7912. UNLAWFUL CAMPING. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided: 2 (a) Any park located in the City. (b) Any public street or area. (c) Any public parking lot, public building, or publicly owned property, improved or unimproved. (d) Any public property located within the City. 7913. STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council: (a) Any park located in the City. (b) Any public street or area. (c) Any public parking lot, public building, or publicly owned property, improved or unimproved. (d) Any public property located within the City. 7914. EXCEPTIONS. The provisions of the preceding Sections of this Chapter shall not apply 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 govemmental agency who is required to enter or be in said areas in the course of his/her employment. 3 The above Sections shall not apply to tools and equipment for repair or maintenance of City facilities. Nor shall they apply to personal property brought onto Civic Center property for the specific purpose of expression at a public meeting as long as said materials are removed within two (2) hours of the conclusion of said meeting." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. The Ordinance shall take effect thirty-one (31) days after its adoption. ATTEST: City Clerk Passed, approved and adopted this APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 day of , 2009. Mayor of the City of Arcadia MEMORANDUM Office of the City Attorney Date: December 1., 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY g' PREPARED BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK/RECORDS MANAGER SUBJECT: ORDINANCE NO. 2268 AMENDING CHAPTER 9, PART 1 OF ARTICLE VII OF THE ARCADIA MUNICIPAL CODE RELATING TO CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY Recommended Action: Introduce SUMMARY At a recent code prosecution court appearance, it was brought to the attention of the City Attorney that Arcadia Municipal Code Section 7912(c) ( "unlawful camping ") did not cover all publicly owned and other recreational areas located in the City. Even though the City was successful in obtaining a plea bargain in this case, the City Attorney recommends that the Code be amended to include all parks and public recreation areas located in the City, not just those that are owned by the City. BACKGROUND Recently, the Police Department issued a citation to an individual who was camping at the Peck Road Water Conservation Park, which is owned by the L.A. County Control District and not the City. At the Court appearance, the Public Defender indicated that the defense would be that the ordinance only pertained to City owned parks. Notwithstanding this threat, the City was able to avoid a potential issue by obtaining a guilty plea bargain. 1 In order to avoid future enforcement problems with other campers at this park and the other public use areas not owned by the City, changes to the Municipal Code are proposed which would prohibit camping in all parks and public recreational use areas in the City, whether public or private, and would prohibit camping on any publicly owned property, not just City owned property. FISCAL IMPACT There is no significant fiscal impact to the City by adopting the attached Ordinance. RECOMMENDED ACTION Staff recommends that the City Council introduce Ordinance No. 2268 amending Chapter 9, Part 1 of Article VII of the Arcadia Municipal Code relating to camping and storage of personal property on public property. CONCUR: Donald Penman City Manager 2