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.
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(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:
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(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.
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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.
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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
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