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HomeMy WebLinkAbout1260 - Amending Camping Ordinancer L ORDINANCE NO. 1260 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 7, CHAPTER 1, ARTICLE 8 OF THE UKIAH CITY CODE, ENTITLED "CAMPING" TO REFLECT GUIDANCE PROVIDED BY STATE OF CALIFORNIA IN ITS "MODEL ORDINANCE: ADDRESSING ENCAMPMENTS WITH URGENCY AND DIGNITY." The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT 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 facilities are not available resulting in unhealthful and unsanitary conditions. 4. Unauthorized overnight camping in the floodway results in trash, human waste and 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. 6. Unauthorized overnight camping and the adverse impacts from such activity pose a significant public health and environmental problem in the City. 7. After the United States Supreme Court's decision in Grants Pass v. Johnson clarified that states and their subdivisions can take reasonable actions to clear encampments, the Governor of the State of California signed Executive Order N-1-24, which directed state agencies to develop policies to prioritize addressing encampments on state property while providing reasonable advance notice and partnering with shelter and services providers. 8. Executive Order N-1-24 also encouraged local governments to adopt similar policies, and to use all available resources and infrastructure, including the historic resources provided by the State, to take urgent action to humanely remove encampments from public spaces. 9. On May 12, 2025, the Governor released a model ordinance ("Model Ordinance") for cities and counties to address unhealthy and dangerous encampments and which follows and builds on the Executive Order N-1-24 by providing model methods to local jurisdictions to quickly address encampments and use state and local funding to connect people experiencing homelessness with the care and support they need. 10. By adopting these amendments to the City's Camping regulations, the City Council intends to update the application of camping restrictions in the City to reflect the legal effects of Grants Pass v. Johnson and to incorporate elements of the Model Ordinance that will enhance the City's ability to humanely remove encampments from public spaces, to provide care and support to people experiencing homelessness, and 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. Page 1 of 6 SECTION TWO. Article 8, entitled "Camping" in Division 7, Chapter 1 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by "* * *"): SECTION: §6080: Definitions §6081: Unlawful Camping §6082: Special Event Permit §6083: Storage of Personal Properly 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, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities. CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, 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 property, when used or stored with camp paraphernalia as described herein. CAMP SITE: The physical area on public or private property occupied by camp facilities and/or camp paraphernalia for purposes of camping. ESTABLISH: Setting up or moving camp facilities, camp paraphernalia or other equipment, supplies or materials onto public or private property to camp or make ready 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 (50') of the top of the bank of any creek, stream, river or drainage facility the purpose of which is to channel water to a creek, stream or river. MAINTAIN: Keeping or permitting camp facilities, camp paraphernalia or other equipment, supplies or materials to remain on public or private property to camp or make ready to camp. MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can carry two (2) or more persons within an enclosed or enclosable portion thereof. OCCUPY: To be physically present and/or reside at a camp site. OPERATE: Participating or assisting in establishing or maintaining a camp or camp facility. Page 2 of 6 PERMANENT: When used in reference to a camp site, camp facilities, camp paraphernalia or other equipment, supplies or materials: any camp facility, camp paraphernalia or other equipment, supplies or materials that cannot be broken down, packed up, and removed from a camp site as readily as a tent or tentlike structure, as commonly used for temporary recreational camping. PRIVATE PROPERTY: Real property that is not public property, including, but not limited to, streets, sidewalks, and improved or unimproved land. PUBLIC PROPERTY: Real property that is open to the public and 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, and improved or unimproved land and parks. RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational or motor vehicles when placed on public or private property to camp. 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. SIDEWALK: Any area of public property adjacent to a street, or within a parking lot, whether improved or unimproved, and commonly intended or designed for pedestrian use. 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. "Street' includes highway, as that term is defined in the California Vehicle Code. TO CAMP or CAMPING: The occupation of a camp site, either in the open air or using camp facilities and camp paraphernalia, including to place, pitch, or use, as applicable, camp facilities or camp paraphernalia for such purposes. _§6081 UNLAWFUL CAMPING Except as provided in this article, it is unlawful and a public nuisance for any person to camp, or to establish, maintain, operate or occupy a camp site, camp facilities, or use camp paraphernalia in or upon the areas fisted in subsections A through G of this section: A. Any public park except as provided for in section 1967 of this code; B. Any sidewalk; C. Any public right of way, in a manner that impedes passage within the meaning of the Americans with Disabilities Act. D. Any street except for recreational or motor vehicles used as camp facilities that are legally parked and do not remain parked longer than the posted time limit, if any, or twelve (12) hours, whichever is less; Page 3 of 5 E. Any other public property except as otherwise permitted in this article; F. Any floodway whether on public or private property; 0 G. Any private property, except when permitted under subsection H of this section. H. 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 on public or private property in connection with a special event, when authorized pursuant to section 6082 of this code. I. Recreational or motor vehicles used as camp facilities shall be allowed to occupy a space equal to the dimensions of the vehicle, if parking in the space is otherwise permitted under this code, but the establishment, maintenance, operation, or occupation of a camp, camp facilities, or use of camp paraphernalia outside the vehicle is prohibited and constitutes a violation of this section except as otherwise permitted herein. J. Establishment, maintenance, operation or occupation of permanent camp facilities or camp paraphernalia for camping; attaching permanent structures to trees or other on -site fixtures and the associated installation of fencing or similar materials is prohibited and constitutes a violation of this section. §6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas: A. Any public property; B. Any floodway; or C. Outside a structure on any private property without the prior written consent of the owner. J6084 ENFORCEMENT A. The Ukiah Police Department shall adopt a policy establishing procedures to be followed by its officers, and any other City officials delegated with the authority to enforce this Article by the Chief of the Department, in the enforcement of this article that prevent this 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 and provide an opportunity and procedure for any person to claim property removed by the City from a site used for camping in violation of this article. Page 4 of 6 B. Members of the Ukiah Police Department or any other City officials delegated with the authority to enforce this Article by the Chief of the Department shall make every reasonable effort to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons who are camping in violation of this Article. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. 3. 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 unenforceabil4 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. Introduced by title only on September 17, 2025, by the following roll call vote: AYES: Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. Adopted on October 15, 2025, by the following roll call vote: AYES: Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Araceli Sandov I, Deputy Cify Clerk L Douglas F. Crane, Mayor Page 5 of 6