HomeMy WebLinkAbout2410ORDINANCE NO. 2410
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; AND AMENDING PARTS 2 AND 4 OF
CHAPTER 2, ARTICLE IV OF THE ARCADIA MUNICIPAL CODE RELATING
TO PUBLIC WELFARE, MORALS, AND POLICY
WHEREAS, the Arcadia Municipal Code contains the laws and regulations of
the City, including laws relating to public health, safety and welfare; and
WHEREAS, in order to protect the health, safety and welfare of the City, the
Arcadia Municipal Code has consistently prohibited camping in public spaces; and
WHEREAS, in the case of Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), the Ninth
Circuit Court of Appeal held that "the Eighth Amendment preclude[s] the
enforcement of a statute prohibiting sleeping outside against homeless individuals
with no access to alternative shelter," while still allowing for reasonable time, place
and manner restrictions; and
WHEREAS, in response to the Boise case, the City Council adopted Ordinance
No. 2374, which required an offer of shelter prior to enforcement of the camping
laws and which contained an exemption for necessity, with certain limited exceptions
to the exemption; and
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WHEREAS, in 2024, the United States Supreme Court issued an opinion in
Grants Pass v. Johnson that upheld the City of Grants Pass's camping ordinance and
overturned the Ninth Circuit's opinion in Boise, and
WHEREAS, the City Council desires to amend the Arcadia Municipal Code in a
manner that prohibits public camping within the City consistent with Grants Pass
and
WHEREAS, California Penal Code section 647(f) prohibits public intoxication in
preemption of local ordinances; and
WHEREAS, the Arcadia Municipal Code prohibits trespasses upon private
property after being notified by the owner or lessee or other person in charge of the
property; and
WHEREAS, the City Council desires to amend the trespass ordinance to
prohibit trespasses upon private property after notice from a peace officer on behalf
of the owner or lessee or other person in charge of the property.
NOW, THEREFORE, the City Council of the City of Arcadia does hereby ordain
as follows:
SECTION 1. Part 1 of Chapter 9 of Article VII of the Arcadia Municipal Code is
hereby amended to be as shown in Exhibit 1 to this Ordinance. The amendments are
shown for reference in Exhibit 2 to this Ordinance.
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SECTION 2. Sections 4240 and 4240.1 of the Arcadia Municipal Code are
hereby repealed.
SECTION 3. Section 4224 is amended in partto read as follows, with the added
text underlined:
"(1) No person shall remain upon any private property or business premises,
after being notified by the owner or lessee or other person in charge thereof
or by a peace officer acting at the request of any of the above, to remove
therefrom.
(2) No person, without permission, express or implied, of the owner or lessee
or other person in charge of private property or business premises, shall enter
upon such private property or business premises after having been notified
by the owner or lessee or other person in charge thereof, or oy a peat-e officer
acting at the request of any oT the aDOV, to keep off or keep away therefrom."
SECTION 4. If any portion of this Ordinance is found to be invalid or
unenforceable, such provisions shall be deemed severed and the remainder of the
Ordinance shall remain in full force and effect.
SECTION 5. This Ordinance is effective upon the 31 st day following its
adoption by the City Council.
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SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same or summarythereof, to be posted per Resolution No. 7483
and within fifteen (15) days after its adoption.
Passed, approved and adopted this 21 st day of October, 202
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
M
Mayor of the rity of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, LINDA RODRIGUEZ, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2410 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 21 st day of October, 2025 and that said Ordinance was
adopted by the following vote, to wit:
AYES: Cao, Fu, Wang, and Kwan
NOES: None
ABSENT: Cheng
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City Clerk of the City rcadia
EXHIBIT 1
ARCADIA MUNICIPAL CODE
ARTICLE VII. PUBLIC WORKS
CHAPTER 9 - CAMPING AND STORAGE OF PERSONAL PROPERTY
PART 1. - PURPOSE AND DEFINITIONS
7870. - 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
arge, 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.
7871. - DEFINITIONS.
M
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
7
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) "Landscaped area" means any manicured or natural ground covered
areas including but not limited to flower beds, bushes, brush areas, or
shrubs.
(e) "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.
(f) "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
N.
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.
(g) "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.
(h) "Store" means to put aside or accumulate for use when needed, to put
for safekeeping, to place or leave in a location.
7872. - 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.
7873. - STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY.
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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.
7874. - 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.
7875. - ENFORCEMENT.
The prohibition of Sections 7872 and 7873 may be enforced by: (1) the Arcadia Police
Department; (2) the City's Code Services and 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
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necessary or appropriate to protect the property rights of individuals whose property
is taken into custody pursuant to this Chapter.
7876. - PENALTY.
Violations of Sections 7872 may be charged as a misdemeanor and be eligible for
referral to any applicable prosecutorial -led diversion program. Violations of Sections
7873 are subject to an administrative citation pursuant to Chapter 4A of this Code.
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EXHIBIT 2
ARCADIA MUNICIPAL CODE
ARTICLE VII. PUBLIC WORKS
CHAPTER 9 - CAMPING AND STORAGE OF PERSONAL PROPERTY
PART 1. - PURPOSE AND DEFINITIONS
Deletions shown in tr%ke*hr^u «h and additions shown in underline:
7870. - 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.
12
7871. - 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 propertyfor
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
13
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.
.. _ . . .. - r . r - _
. • ■ • . .. • . . • . . . .
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(df) "Landscaped area" means any manicured or natural ground covered
areas including but not limited to flower beds, bushes, brush areas, or
shrubs.
(ag) "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.
(f-14) "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.
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(g+) "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.
(hf) "Store" means to put aside or accumulate for use when needed, to put
for safekeeping, to place or leave in a location.
7872. - 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.
7873. - STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY.
IV
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.
•- • 1I • •- ■• • • • .- •- . •- ■• ■- •- • - .
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.. .. .. ..
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727647874. - 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
r�
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.
.. .. .. ._ _. . .. . ..
21
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lot
.. --- •--. .. .. .. .- . ..
72797875. - ENFORCEMENT.
The prohibition of Sections 7872; and 7873,, an�5 may be enforced by: (1) the
Arcadia Police Department; (2) the City's Code Services and 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.
7Se7876. - PENALTY.
Violations of Sections 7872 and 7875 may be charged as a misdemeanor and be
eligible for referral to any applicable prosecutorial -led diversion program. Violations
of Section 7873 are subject to an administrative citation pursuant to Chapter 4A of
this Code.
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