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Home My WebLink About19-12 - Prohibitions against camping in public areasORDINANCE NO. 19-12 AN 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 Ordinance No. 19-12 Page 1 of 5 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 (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 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. 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 3. 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: Ordinance No. 19-12 Page 2 of 5 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 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 4. 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 5. 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 Ordinance No. 19-12 Page 3 of 5 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. SECTION 7. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. Ka ATTEST: PASSED AND ADOPTED on this 16th day of April, 2019. , Mayor �BXY�k 1W.AA, Brenda Gree , City Clerk APPROVED AS TO FORM: Kimberly 1-1911 Barlow, City Attorney Ordinance No. 19-12 Page 4 of 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 19-12 was duly introduced for first reading at a regular meeting of the City Council held on the 2nd day of April, 2019, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 16th day of April, 2019, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS, STEPHENS, FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of April, 2019. BRENDA GRElkh, CITY CLERK Ordinance No. 19-12 Page 5 of 5