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HomeMy WebLinkAbout13-02 Relating to Storage of Personal Property in Public Areas and Unlawful CampingORDINANCE NO. 13-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, ADDING SECTION 1-21.1 OF CHAPTER I (GENERAL) OF TITLE 1 (GENERAL PROVISIONS), REPEALING SECTION 12-7 OF CHAPTER I (IN GENERAL) OF TITLE 12 (PARKS AND RECREATION), AND ADDING CHAPTER XIV (CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS) OF TITLE 11 (OFFENSES — MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE RELATING TO STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS AND UNLAWFUL CAMPING WHEREAS, the City of Costa Mesa has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council of the City of Costa Mesa finds that large amounts of personal property are being left unattended in public places throughout the City, and that such personal property creates blight within the City, and obstructs the public rights-of- way; and WHEREAS, the City Council finds that unattended personal property in public areas interferes with access to such public areas and to businesses, and thereby negatively affects quality of life, as well as the profitable operation of such businesses; and WHEREAS, the City Council finds that unattended personal property in public areas constitutes a threat to the health and safety of the people, as such personal property may attract vermin, and interfere with safe passage for pedestrians and the disabled across public rights-of-way; and WHEREAS, the City Council finds that individuals have a protectable possessory interest in property that they leave unattended in public places and parks, and that such property may include important items such as identification papers, heirlooms, medications, toiletries and clothing; and WHEREAS, the City Council finds that the public's interests in having blight -free parks and public rights-of-way is outweighed by the more immediate interests of individuals in not having their personal belongings summarily destroyed; and WHEREAS, to the extent that the requirements of this ordinance might impact homeless individuals and their personal property, the City Council finds that the Churches Consortium has created storage space for the personal property of the Costa Mesa homeless, such that homeless individuals who reside in Costa Mesa have a safe and clean location to store their personal property and need not store their personal property in public areas; and Ordinance 13-02 Page 1 of 10 WHEREAS, the City Council finds that removing personal property from public areas and parks and storing it for at least ninety (90) days, as well as having a location in the City where the Costa Mesa homeless can store their personal property safely and free of charge, strikes the right balance between the City's interest in keeping public property safe, clean and blight -free, and the rights of individuals to their personal property; and WHEREAS, Section 2080 et seq. of the California Civil Code provide for the disposition and care of lost and unclaimed property, and Section 2080.4 authorizes the City of Costa Mesa to enact its own provisions; and WHEREAS, the City Council finds that unlawful camping in public areas, streets and parks causes blight, obstructs the public -rights -of way, prevents public property from being used for its intended purposes, and obstructs access to businesses and public facilities; and WHEREAS, the City Council finds that unattended property in public areas and unlawful camping are different problems that cause blight in the City of Costa Mesa, and should be addressed in ways that are specifically tailored to each problem; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Section 1-21.1 of Chapter I (General) of Title 1 (General Provisions) is hereby added as follows: Sec. 1-21.1 "Public area" defined. Public area means and includes, but is not limited to, any street, alley, park, public right-of-way, recreational area or other place to which the public has access. Section 2: Section 12-7 of Chapter I (In General) of Title 12 (Parks and Recreation) is hereby repealed. Section 3: Chapter XIV (Camping and Storage of Personal Property in Public Areas) of Title 11 (Offenses — Miscellaneous) is hereby added as follows: 11-300 Purpose. (a) The public streets and 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 and/or for storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain the public streets and public areas in blight -free conditions, to secure access to public areas and to businesses, and to Ordinance 13-02 Page 2 of 10 ensure that public property is used for its intended purposes and remains accessible to all citizens, businesses and visitors in the City of Costa Mesa. (b) Large amounts of personal property are being left unattended in public areas throughout the City, and such personal property creates blight, obstructs the public rights-of-way, interferes with access to public areas and to businesses, and thus negatively affects quality of life in the city, and negatively affects the profitable operation of such businesses. 11-302 Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section. (a) Abandoned personal property means personal property that the owner surrenders, relinquishes, or disclaims. Indicia of abandoned personal property shall include, but not be limited to: personal property that its owner has indicated he/she does not want; and personal property left on private real property for any period of time without the permission of the real property owner or current tenant. (b) Alley shall have the same meaning as Section 110 of the California Vehicle Code. (c) Camp means to pitch or occupy camp facilities; to use camp paraphernalia. (d) Camp facilities include, but are not limited to, tents, huts or temporary shelters. (e) Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non city designated cooking facilities and similar equipment. (f) Chief of police means the Chief of Police of the City of Costa Mesa, or his/her designee. (g) City clerk means the City Clerk of the City of Costa Mesa, or his/her designee. (h) City manager shall have the same meaning as Section 2-97 of this Code, and shall include his/her designee. (i) Park shall have the same meaning as Section 12-1 of this Code. 0) Police department means the Costa Mesa Police Department. (k) Public area shall have the same meaning as Section 1-21.1 of this Code. Ordinance 13-02 Page 3 of 10 (1) Public services director means the Public Services Director of the City of Costa Mesa, or his/her designee. (m) Personal property means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as furniture, cooking utensils, money and books. For the purposes of this chapter, personal property shall not include real property, vehicles, bicycles, or animals. (n) Real property means land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Real property includes land, buildings and easements. (o) Storage of personal property in public areas means accumulating or putting aside personal property, placing it for safekeeping, or leaving it in public areas; or personal property that is left unattended in any public area lacking a guard, escort, caretaker, or other watcher. (p) Street shall have the same meaning as Section 591 of the California Vehicle Code. (q) Unclaimed personal property means personal property that has been turned in to the chief of police pursuant to Section 11-306, and that has not been claimed within a period of ninety (90) days by its true owner or finder. 11-304 Camping in public areas prohibited -- Penalties. (a) It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia 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. Ordinance 13-02 Page 4 of 10 11-306 Storage of personal property in public areas prohibited. (a) It shall be unlawful for any person to store personal property in any public area, except as otherwise approved in writing by the public services director. Personal property stored in public areas in violation of this section shall be impounded pursuant to Sections 11-308 through 11-328 of this chapter. (b) Any bicycles stored in public areas shall be subject to the provisions of Chapter III of Title 4 of this Code. (c) Any personal property left in any city park at the time the park is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to the provisions of Sections 11-308 through 11-328 of this chapter. (d) Violations of this section may be punishable pursuant to the provisions of Section 1-33 of this code. 11-308 Police chief to receive stored/unattended personal property. The chief of police shall make provisions for receiving and safekeeping of personal property found unattended and coming into his or her possession. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The police department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the personal property and where it may be claimed. The police department may require the owner to pay a reasonable charge to defray the costs of storage and care of the personal property. 11-310 Notice. (a) In the event that the personal property is found in the course of employment by an employee of the city, the employee shall leave a notice in a prominent place for any personal property taken, including advising where the personal property is being kept and when it may be claimed by its rightful owner. (b) The city shall determine what, if any, areas of the city suffer from blight due to storage of personal property in public places, parks, or streets and alleys, and erect signs in those areas so as to provide additional notice. Ordinance 13-02 Page 5 of 10 11-312 Holding and disposal of stored/unattended personal property. Found personal property shall be deposited in a safe place for a period of at least ninety (90) days, and found money shall be deposited with the director of finance for a period of not less than ninety (90) days, unless sooner claimed by the true owner. In the event the property or money is not claimed within ninety (90) days, it shall be deemed to be unclaimed personal property, subject to disposal as provided in this chapter. 11-314 True owner may claim personal property. During the time that any found personal property is held by the city, it may be delivered or paid to the true owner as follows: (a) The personal property shall be delivered upon proof of ownership satisfactory to the chief of police after ten (10) days' notice by mail to any others who have asserted a claim of ownership, at any address given by such persons. (b) If the personal property consists of money, it shall be paid to the true owner upon written order from the chief of police to the director of finance. The chief of police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property. (c) If ownership cannot be determined to the satisfaction of the chief of police, he or she may refuse to deliver the personal property or order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction. 11-316 Finder may reclaim property or money. (a) If the reported value of the personal property is $250.00 (two hundred fifty dollars) or more, and the true owner does not appear and prove his or her ownership of the personal property within ninety (90) days, the chief of police shall cause notice of the personal property to be published once in a newspaper of general circulation, currently the Orange Coast Daily Pilot. If, after seven (7) days following the first publication of the notice, no owner appears and proves his or her ownership of the personal property, and the person who found or saved the personal property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, wherein the personal property shall be sold at auction as provided in Section 11-316 below. Ordinance 13-02 Page 6 of 10 (b) In the event the reported value of the personal property is less than $250.00 (two hundred fifty dollars) and no owner appears to prove his or her ownership of the personal property within ninety (90) days, the title shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, in which case the personal property shall be sold at public auction as provided in Section 11-316 below. 11-318 Unclaimed personal property to be used by city or sold at auction -- Notice. (a) Upon expiration of the ninety (90) day period, any personal property received by the city and not delivered to the true owner or finder may be appropriated to the use of the City of Costa Mesa upon order of the city manager on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be sold at public auction to the highest bidder. (b) All unclaimed money received by the chief of police, and not delivered to the true owner or the finder during the ninety (90) day period, shall thereafter be deposited in the general fund. (c) Notice of the sale at auction of unclaimed personal property shall be given by the city clerk at the direction of the chief of police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation. 11-320 Conduct of auction. An auction for the sale of unclaimed personal property shall be conducted by the city manager. 11-322 Proceeds to be deposited in general fund. After any auction for unclaimed personal property is completed, the proceeds of the auction shall be delivered to the director of finance for deposit in the general fund. Ordinance 13-02 Page 7 of 10 11-324 Unsalable and unusable personal property. Any personal property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the city manager deems appropriate. Sec. 11-326 Dangerous or perishable personal property -- Evidence. Any personal property coming into the possession of the chief of police may be disposed of immediately and without notice, in a manner that the chief of police determines to be in the public interest, when such personal property is perishable, contraband pursuant to state or federal law, evidence in a criminal investigation, or constitutes an immediate threat to the public health or safety. Sec. 11-328 Provisions not applicable. (a) The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. (b) The provisions of this chapter shall apply to personal property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition. (c) The provisions of this chapter shall not apply to personal property that has been abandoned by its owner. Abandoned personal property shall be disposed of forthwith. Section 4. Section 12-21 of Article I (Generally) of Chapter II (Use Regulated) of Title 12 (Parks and Recreation) is hereby added as follows: 12-21 Storage of bicycle in parks (a) All bicycles in city parks shall be parked pursuant to the provisions of Chapter III of Title 4 of this Code. (b) Any bicycles left in city parks during closing hours shall be subject to the provisions of Section 11-306(c) of this code. Ordinance 13-02 Page 8 of 10 Section 5. 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 effect the provisions of this Ordinance. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED AND Ja mer, Mayor 11 Brenda Green City Clerk 2"d day of April, 2013. APPROVED AS TO FORM: Tlfioni6s- Du e, City Attorney Ordinance 13-02 Page 9 of 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 13-02 was duly introduced for first reading at a regular meeting of the City Council held on the 1 gth day of March, 2013, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 2nd day of April, 2013, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Leece, Mensinger, Monahan, Righeimer 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 3`d day of April, 2013. BRENDA GRE N, INTERIM CITY CLERK I hereby certify that the above and foregoing is the original of Ordinance No. 13-02 was duly passed and adopted by the Costa Mesa City Council at the regular meeting held April 2, 2013, and that the summary of the adopted ordinance was published in the Newport Beach -Costa Mesa Daily Pilot on April 10, 2013. &-Wk 4�ml/ BRENDA GREIVN, INTERIM CITY CLERK Ordinance 13-02 Page 10 of 10