HomeMy WebLinkAbout19-11 - Urgency Ordinance for prohibitions against camping in public areasURGENCY ORDINANCE NO. 19-11
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
AMENDING SECTIONS 11-302 (DEFINITIONS) AND 11-304 (CAMPING IN PUBLIC
AREAS PROHIBITED -PENALTIES) OF CHAPTER XIV (CAMPING AND STORAGE
OF PERSONAL PROPERTY IN PUBLIC AREAS) OF TITLE 11 (OFFENSES -
MISCELLANEOUS), RELATING TO PROHIBITIONS AGAINST CAMPING IN PUBLIC
AREAS
WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public (Cal. Const. art. XI, § 7;
Cal. Govt. Code § 37100), and thereby is authorized to declare what use and condition
constitutes a public nuisance; and
WHEREAS, the City Council of the City of Costa Mesa finds there is currently a
well-documented homeless crisis both at the state, county and local level; and
WHEREAS, the City Council of the City of Costa Mesa finds this crisis and resulting
unsanitary living conditions have created a resurgence in communicable diseases and
other health and safety hazards that have been recently referred to by the Governor as
"medieval"; and
WHEREAS, due to recent United States Court of Appeals for the Ninth Circuit case
law and the directives of the District Court, Central District of California — Southern
Division in the case of Orange County Catholic Worker et al. v. Orange County, et al.,
Case No. 8:18-cv-00155, the City has been effectively unable to enforce the various
provisions of the Costa Mesa Municipal Code (CMMC) that prohibit camping, storage of
personal property and sleeping in vehicles in public areas for approximately 12 months;
and
WHEREAS, the City Council of the City of Costa Mesa finds that this inability to
enforce the above referenced provisions of the CMMC has exacerbated the homeless
crisis within the City and has resulted in an intensification of unsanitary conditions of
public property, including but not limited to persons camping in public places and dwelling
in vehicles, which conditions constitute a public nuisance, all to the detriment of the public
health, safety and welfare; and
WHEREAS, the City Council of the City of Costa Mesa finds that there is an
immediate need to clarify the definitions of prohibited conduct found both in Chapter IX of
Title 10 and in Chapter XIV of Title 11 of the CMMC relating to prohibitions against
sleeping in vehicles and camping in public areas to both provide constitutional safeguards
and enable effective and timely enforcement of the prohibitions against camping and
related activity on public property; and
WHEREAS, the City intends to fully comply with both the letter and spirit of the
terms of the settlement agreement and the District Court's order in Orange County
Catholic Worker et al. v. Orange County, et aL, relating to the procedures for the
enforcement of CMMC sections 10-194 (sleeping in motor vehicles prohibited), 11-302
Urgency Ordinance No. 19-11 Page 1 of 4
(definitions), 11-304 (camping in public places prohibited -penalties) and 11-306 (storage
of personal property in public areas prohibited), or any comparable provisions of state
law, or any law concerning "loitering" against homeless individuals within the City's
jurisdiction; and
WHEREAS, the City Council of the City of Costa Mesa finds that the adoption of
this Ordinance will not alter or affect its ability to comply with its obligations under the
above referenced settlement agreement and court order; and
WHEREAS, the City of Costa Mesa, pursuant to the provisions of the California
Environmental Quality Act ("CEQA") (California Public Resources Code Sections 21000
et seq.) and State CEQA Guidelines (Sections 15000 et seq., Title 14 the California Code
of Regulations) has determined that the Ordinance is not a "project" pursuant to Public
Resources Code Section 21065, and that it is exempt from the provisions of CEQA
pursuant to Guidelines Sections 15061(b)(3) (because it can be seen with certainty that
the adoption of this Ordinance will not have an effect on the environment) and 15321
(enforcement actions by regulatory agencies); and
WHEREAS, the City Council recognizes that there is a need to enact the
restrictions contained in this Ordinance immediately to preserve and protect the public
peace, health, safety and welfare; and
WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE COSTA MESA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all the facts, findings, declarations and
conclusions set forth above in this Ordinance are true and correct.
SECTION 2. The City Council makes and adopts as findings the facts and
conclusions set forth in the preamble of this Ordinance and, for the reasons set forth in
the recitals, finds that adoption of the Ordinance as an urgency ordinance is necessary
for the immediate preservation of the public peace, health and/or safety.
SECTION 3. Except as provided herein, the remaining provisions of Title 11,
Chapter XIV, of the Costa Mesa Municipal Code shall remain in full force and effect.
SECTION 4. Title 11, Chapter XIV, Section 11-302, subsections (c) and (e), and
Section 11-304 of the Costa Mesa Municipal Code are hereby amended to read as
follows:
11-302. Definitions.
(c) Camp means to pitch or occupy camp facilities, to use any property set forth in
section 11-304 for living accommodation or habitation purposes such as sleeping
Urgency Ordinance No. 19-11 Page 2 of 4
activities, or making preparations to sleep, including the laying down of bedding for
purposes of sleeping, or to use or store camp paraphernalia for purposes of living
accommodation or habitation purposes.
(e) Camp paraphernalia includes, but is not limited to, tarpaulins, umbrellas, cots,
beds, bedding, sleeping bags, hammocks, non -city designated cooking facilities,
kitchen utensils, camping stoves, portable barbeques and similar equipment, extra
clothing, personal hygiene items, and/or shopping carts, strollers, wheeled suitcases
or similar mobile containers used to transport and/or store other items of camp
paraphernalia.
11-304. Camping in public areas prohibited -Penalties.
(a) It is unlawful for any person to camp and/or occupy camp facilities in the following
areas, except as otherwise designated by the parks and recreation commission, and
as permitted by the administrative services director:
(1) Any street or alley;
(2) Any public parking lot or public area, improved or unimproved;
(3) Any park.
(b) Violations of this section shall be punishable pursuant to section 1-33 of this Code.
SECTION 5. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
SECTION 6. Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
SECTION 7. Effective Date. This Ordinance shall become effective immediately.
SECTION 8. Certification. The City Clerk shall certify the passage and adoption
Urgency Ordinance No. 19-11 Page 3 of 4
of this Ordinance and shall cause the same to be posted or published in the manner as
required by law.
PASSED AND ADOPTED this 2nd day of April, 2019.
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--
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROV D A TO FORM:
7
Kimberly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Urgency Ordinance No. 19-11 was duly introduced and
adopted at the regular meeting of the City Council of the City of Costa Mesa held on the
2nd day of April, 2019, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GENIS, MANSOOR, MARR, REYNOLDS,
STEPHENS, FOLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of April, 2019.
&W64 Ck"
Brenda GreenoCity Clerk
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