HomeMy WebLinkAbout95-15 Prohibition of Camping & Storage of Personal Property in Public Parks, Streets and other AreasORDINANCE NO. 95- 03.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, ADDING SECTION 12-7 TO
TITLE 12 OF THE COSTA MESA MUNICIPAL CODE
ESTABLISHING PROHIBITION OF CAMPING AND STORAGE
OF PERSONAL PROPERTY IN PUBLIC PARKS, STREETS
AND OTHER AREAS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council does hereby find and declare as follows:
A. WHEREAS, the City Council conducted a hearing on June 5, 1995, and
directed the ordinance be reviewed for recommendations by the Parks, Recreation
Facilities and Parkways Commission ("Commission"); and
B. WHEREAS, the Commission conducted two hearings on June 28, 1995
and July 26, 1995, and recommended that changes be made to the ordinance which
have been revised and that the revised ordinance be adopted by City Council based on
the following findings:
1. The City parks and public property were designed for active and
passive recreation uses by the public which do not include camping and
storage of personal property;
2. The City parks and public property by their nature are incompatible
and unuseable as camping and storage of person property areas; and
3. Camping and storage of personal property by persons would
interfere with the rights of others to use the public areas for the purpose
for which they were intended.
C. WHEREAS, the adoption of the ordinance will protect the health, safety
and welfare of the public and ensure that City parks and public property will be used
by the public in accordance with the purposes for which the parks and public property
were established.
Section 2. Section 12-7 is hereby added to Title 12 of the Costa Mesa
Municipal Code to read as follows:
"Sec. 12-7 Camping and Storage of Personal Property Prohibited.
(a) Purpose:
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 or other storage of personal property
interferes with the rights of others to use the areas for which they were
intended. The purpose of this section is to maintain public streets and
areas within the City in a clean and accessible condition.
(b) 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.
(1) Camp means to pitch or occupy camp facilities; to use camp
paraphernalia.
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(2) Camp facilities include but are not limited to tents, huts or
temporary shelters.
(3) , Camp paraphernalia includes but is not limited to tarpaulins,
cots, beds, sleeping bags, hammocks or non -City designated
cooking facilities and similar equipment.
(4) Park means the same as defined in section 12-1 of this
Code.
(5) Store means to put aside or accumulate for use when
needed, to put for safekeeping, to place or leave in a location.
(6) Street means the same as defined in this Code.
(c) 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:
(1) Any street;
(2) Any public parking lot or public area, improved or
unimproved;
(3) Any park.
(d) Storage of Personal Property in Public Places.
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:
(1) Any park;
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(2) Any street;
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(3) Any public parking lot or public area, improved or
unimproved.
Section 3. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, 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 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 4. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30) days
from and after its passage and, before the expiration of fifteen (15) days after its
passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a
newspaper of general circulation printed and published in the City of Costa Mesa, or,
in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be published
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the aforementioned summary and shall post in the office of the City Clerk a certified
copy of this Ordinance together with the names of the members of the City Council
voting for and against the same.
PASSED AND ADOPTED this /8 day of(s , , 1995.
ATTEST:
Deputy Oy Clerk
of the Ci y of Costa Mesa
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APPROVED AS TO FORM:
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA ) .
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No.
95-r5 was introduced and considered section by section at a regular meeting of said
City Council held on the day of , 1995, and thereafter passed and
adop d as a whole at a regular meeting ofsaid City Council held on the Ig A day of
1995, by the following roll call vote:
AYES: COUNCIL MEMBERS: ERir-R5orj Bur—FAQ NoPtuZuCFCLt, �EN,s� A10AIAhAAJ
NOES: COUNCIL MEMBERS: NoAlE
ABSENT: COUNCIL MEMBERS: AjflNe�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 1 'day of 1995.
ORDINANCESWIANTICAMP.ORD (5-23-95)
It
Deputy Ci Clerk and ex -officio
Clerk of t City Council of the
City of Costa Mesa