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HomeMy WebLinkAbout1152 Amending Div 7, Ch 1, Art 8, RE Campingi I ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED "CAMPING." The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: 1. Unauthorized overnight camping in the City poses significant risks to public health and safety, including environmental damage. 2. Such camping can expose the campers to crimes from which they would be protected, if they were camping in designated campgrounds or facilities. 3. Unauthorized overnight camping occurs where proper sanitation and cooking i facilities are not available resulting in unhealthful and unsanitary conditions. 4. Unauthorized overnight camping in the Floodway results in trash, human waste and II food waste being deposited in close proximity to creeks, streams and rivers. These waterways are used for recreation and drinking water and support fish and wildlife. 5. Unauthorized overnight camping and the storage of camping paraphernalia on public property interferes with the general public's access and use of such property for the purposes for which it is intended. 5. Unauthorized overnight camping has increased in the City and the adverse impacts from such activity have become a significant public health and environmental problem in the City. 6. By adopting these amendments to the City's Camping regulations, the City Council intends to clarify the application of camping restrictions in the City and to limit camping to properly licensed, permitted and regulated commercial facilities, areas specifically approved for camping under the City's zoning and health and safety regulations, and special events conducted by the City or non-profit charitable organizations which are subject to conditions to protect public health and safety and to keep public property accessible and useful to the general public for the purposes for which it was acquired and is maintained. SECTION TWO. Article 8, entitled "Camping" in Division 7, Chapter 1 of the Ukiah City Code is hereby amended to read as follows. � Amended Camping Ordinance No. 1152, October 1, 2014 ARTICLE 8. CAMPING SECTION: §6080: Definitions ', §6081: Unlawful Camping §6082: Special Event Permit §6083: Storage of Personal Property on Public or Private Property §6084: Penalty for Violation §6085: Enforcement §6080 DEFINITIONS _._ _ _ _ __ _ The following words shall have the following meanings, when used in this article, unless the context clearly indicates otherwise: CAMP FACILITIES: Tents, tent-like shelter, huts, motor vehicles, recreational vehicles or temporary structures, when placed on PUBLIC or PRIVATE PROPERTY for the purpose of camping or when used on PUBLIC or PRIVATE PROPERTY to CAMP. CAMP OR CAMPING: To sleep overnight at a specific location on PUBLIC or PRIVATE PROPERTY, either in the open air or using CAMP FACILITIES and CAMP PARAPHERNALIA, including to place, pitch, or use CAMP FACILITIES or CAMP '� PARAPHERNALIA for such purposes. I CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, I tents, hammocks, mattresses, sleeping pads, items used for cooking food or similar equipment when placed on PUBLIC or PRIVATE PROPERTY for the purpose of CAMPING or when used to CAMP. CAMP PARAPHERNALIA also includes other personal effects, when used or stored with CAMP PARAPHERNALIA as described herein. ESTABLISH: Setting up or moving equipment, supplies or materials onto PUBLIC or PRIVATE PROPERTY to CAMP. FLOODWAY: The area designated as "floodway" on the Flood Boundary Floodway Map issued by the Federal Emergency Management Authority ("FEMA") for the City of Ukiah, regardless of ownership, and any other area within fifty feet of the channel of a creek, stream, river or drainage facility the purpose of which is to channel water to a creek, stream or river. ' MAINTAIN: Keeping or permitting equipment, supplies or materials to remain on � PUBLIC or PRIVATE PROPERTY in order to CAMP or using CAMP FACILITIES. OPERATE: Participating or assisting in establishing or maintaining a CAMP or CAMP FACILITY. PRIVATE PROPERTY: Real property that is not PUBLIC PROPERTY, including, but not limited to, STREETS, sidewalks, alleys, and improved or unimproved land. 2 il Amended Camping Ordinance No. 1152, October 1, 2014 PUBLIC PROPERTY: Real property that is owned by a government body or agency such as, but not limited to, the federal government, the State of California, the County of Mendocino, the City of Ukiah, and special districts, regardless of the form of ownership, including, but not limited to, STREETS, sidewalks, alleys, and improved or unimproved land and parks. RECREATIONAL VEHICLE: As defined in California Health and Safety Code section 18010. RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within the city licensed pursuant to the California Health and Safety Code as a mobile home park, as defined in California Health and Safety Code section 18214, or a special occupancy park as defined in California Health and Safety Code section 18862.43, which has a currently effective city business license, and in which space is rented or held out for CAMPING. STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. STREET: A street, alley, way or place of whatever nature, publicly or privately maintained for purposes of vehicular travel. "StreeY' includes highway, as that term is defined in the California Vehicle Code ' §6081 UNLAWFUL CAMPING _ _ _ I Except as provided in subsections D1 through D4 of this section, it is unlawful and a public nuisance for any person to CAMP, or to ESTABLISH, MAINTAIN, OPERATE OR OCCUPY CAMP FACILITIES, or use CAMP PARAPHERNALIA in the following areas: i A. Any PUBLIC PROPERTY, except when permitted under subsection D; I B. Within any FLOODWAY; I C. Any PRIVATE PROPERTY, except when permitted under subsection D. �� D. The prohibitions on CAMPING do not apply to: , 1. CAMPING on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the CAMPING does not create a public or private nuisance; ' 2. Mobile home parks and special occupancy parks or other locations where CAMPING is specifically allowed under the Ukiah City Code; 3. CAMPING in public parks pursuant to section 1967 of this Code; and 4. CAMPING on PUBLIC or PRIVATE PROPERTY in connection with a special event, when authorized pursuant to section 6082 of this article. 3 Amended Camping Ordinance No. 1152, October l, 2014 I §6082 SPECIAL EVENT PERMIT _ _ _.. The city manager or his or her designee may issue a permit pursuant to this section authorizing CAMPING on PUBLIC or PRIVATE PROPERTY for a special event, I provided he or she can find that the event will not cause a public or private nuisance, i when conducted in accordance with reasonable conditions intended to avoid nuisance impacts. "Special evenY', as used herein, means an event sponsored by the city or a nonprofit or community based organization of not more than seventy two (72) hours' duration which is conducted for the purpose of promoting sports, education, or other charitable activities. A. The city manager or his or her designee shall require a written application from the sponsoring organization for CAMPING in connection with a special event. No such application shall be required for a city sponsored event. The application shall contain such information as the city manager shall determine necessary in order to assure compliance with this section. I B. The sponsoring organization must agree in writing to abide by any reasonable I conditions imposed in connection with the issuance of a permit, which shall include, at a minimum: 1. Special event insurance with coverage and policy limits determined to be 'i adequate by the city in consultation with its liability insurer; 2. An agreement to indemnify and defend the city against any claims arising out of the event; 3. Provision for adequate sanitation and trash collection facilities; and 4. Measures to control noise and other conditions which could disturb the peace ' and quiet enjoyment of neighboring properties. C. Any failure to comply with a condition imposed on a sponsoring organization shall be considered a violation of this article, shall entitle the city manager to deny a future application by such organization, and shall be subject to any other remedies authorized by this code or other provisions of law. §6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE � PROPERTY I _ __ _ __ __ _ It is unlawful and a public nuisance for any person to STORE CAMP PARAPHERNALIA � in the following areas: A. Any PUBLIC PROPERTY; I B. Any FLOODWAY; or C. Outside a structure on any PRIVATE PROPERTY without the prior written consent of the owner. 4 Amended Camping Ordinance No. 1152, October 1, 2014 I I §6084 ENFORCEMENT The Ukiah Police Department shall adopt a policy establishing procedures to be followed by its officers in the enforcement of this Article 8 that prevent the Article from being enforced in an arbitrary or discriminatory manner and that prevent the violation of the constitutional right to due process and to be free from unreasonable search or seizure. The City Council shall adopt by resolution procedures for removing personal property from an area used for CAMPING in violation of this Article 8 and provide an I opportunity and procedure for any person to claim property removed by the City from a i site used for CAMPI NG in violation of this Article 8. §6084 PENALTY FOR VIOLATION A violation of this Article is a misdemeanor subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment in the county jail for a period not exceeding three (3) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on September 17, 2014, by the following roll call vote: AYES: Councilmembers Crane, Thomas, Landis, and Mayor Baldwin NOES: Councilmember Scalmanini ABSENT: None ABSTAIN: None 5 , Amended Camping Ordinance No. 1152, October 1, 2014 Adopted on October 1, 2014 by the following roll call vote: AYES: Councilmembers Crane, Thomas, and Mayor Baldwin N�ES: Councilmember Scalmanini �' ABSENT: Vice Mayor Landis ABSTAIN: tvone Philip E Idwi , Mayor ATTEST: �� i, i 4 G�L��� ' �� ' G ristine Lawler, City Clerk _6_ I