HomeMy WebLinkAboutItem 16 - Second Reading and adoption of O-1695 (Shopping Carts) and O-1696 (Tents and Encroachments) Department Name: Community Services
Cost Center:
For Agenda of: May 4, 2021
Placement: Consent
Estimated Time: N/A
FROM: Shelly Stanwyck, Assistant City Manager
Prepared By: Greg Avakian, Parks and Recreation Director
Michael Codron, Community Development Director
SUBJECT: ADOPTION OF ORDINANCE 1695 (2021 SERIES) AMENDING THE SAN
LUIS OBISPO MUNICIPAL CODE TO ADD CHAPTER 8.10 (SHOPPING
CARTS), REQUIRING THE PRIVATE MANAGEMENT OF SHOPPING
CARTS AND RETRIEVAL OF CARTS FROM PUBLIC SPACES; AND
ORDINANCE 1696 (2021 SERIES) TO AMEND CHAPTER 12.04
(ENCROACHMENTS AND EXCAVATIONS) AND CHAPTER 12.20 (PARK
REGULATIONS), TO CLARIFY THAT TENTS AND SIMILAR
STRUCTURES ARE PROHIBITED ENCROACHMENTS IN CITY PARKS
RECOMMENDATION
1. Adopt the following Ordinances:
a. Ordinance 1695 (2021 Series) to add Chapter 8.10 (Attachment A) pertaining to the
unauthorized removal of shopping carts from retail establishments and to facilitate
retrieval of abandoned shopping carts; and
b. Ordinance 1696 (2021 Series) to amend Municipal Code Chapters 12.04 and 12.20
(Attachment B) to add language expressly clarifying that tents and similar structures are
prohibited encroachments in City parks.
DISCUSSION
Background
On April 13, 2021, the City Council introduced two ordinances. The fir st related to shopping
carts and the second to tents and similar encroachments erected in City parks. The Council
discussed both recommendations at length and made specific modifications to the shopping cart
ordinance to ensure that the burden of compliance will rest with the cart owner. There were no
changes to the tent ordinance, which clarifies the City’s practice and existing rules related to
prohibited encroachments in City parks.
1. Summary of Ordinance 1695 (2021 Series)
This ordinance adds Chapter 8.10 to the City’s Municipal Code to facilitate the
retrieval of abandoned shopping carts in the City of San Luis Obispo and defines
“abandoned or unattended shopping cart” as a cart that is “left unattended,
discarded or abandoned upon any public or private property other than the
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premises from which the shopping cart was removed, regardless of whether such
shopping cart was removed from the premises with the authorization or consent of
the cart’s owner.” The ordinance places the burden of retrieval on the shopping
cart owner by any business to allow or permit the removal of a shopping cart from
the owner’s premises. The ordinance establishes requirements for cart
containment and retrieval by cart owners, procedures for impoundment of
abandoned carts by the City, and recovery from the cart owner of fines and costs
incurred by the City.
2. Summary of Ordinance 1696 (2021 Series)
This ordinance amends Chapter 12.04 and 12.20 of the City’s Municipal Code to
clarify expressly that tents and similar structure are prohibited encroachments in
public parks. The purpose of the ordinance is to support the lawful use and access
to city parks by all community members consistent with the intended uses and
aesthetic qualities of City parks. The ordinance includes a specific definition for
tents, which includes any enclosed temporary physical structure that obstructs
activities within the structure from public view, excluding canopies and covers
that are open on all sides. The ordinance also provides that “Tent” shall not
include blankets, towels, mats, portable lawn chairs, unenclosed shade structures
not affixed to public property, or similar items for temporary use in conjunction
with otherwise lawful park use. Tents erected by express permission of the Parks
and Recreation Director in connection with a valid event permit are exempted.
Policy Context
In collaboration with regional and non-profit service providers, the City supports a variety of
special needs and supportive housing developments, including projects that directly reduce the
incidence of homelessness in the community. The proposed actions, in conjunction with ongoing
programs that support housing for homeless veterans and mentally fragile residents at risk for
homelessness, are consistent with the first Goal in the City’s recently adopted Housing Element,
which is Safety.
Proposed actions are also consistent with Measure G-20, a general-purpose measure with
language in the ballot measure including retaining local businesses, keeping public areas clean
and safe, and addressing homelessness, and with the City's 2020-21 Meta-Goal of San Luis
Obispo's stability, resiliency, and recovery.
Public Engagement
The focus of public engagement has been to inform, educate, and listen to concerns. The public
engagement on the topic of shopping carts has included business community outreach to
businesses with shopping carts, the San Luis Obispo Chamber of Commerce and Downtown
SLO.
SLOPD and others met with managers of large grocers and stores that have shopping carts to
explore options to manage and retrieve errant carts. These meetings were productive and did not
yield any changes in management or response from surrounding businesses.
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Public engagement on tents and other enclosed structures in parks has been a topic of discussion
with many members of the public providing both written and verbal directed feedback to staff
and Council. Concerns were expressed in relation for the parks to be inclusive, safe, and clean, as
well as the general impacts to community use of parks. As noted in this report, the Parks and
Recreation Commission will be continue to discus the impacts of various illegal activities
adjacent to children’s play areas and this advisory body will in addition to providing a public
forum for discussion make recommendation to Council on this topic.
CONCURRENCE
This report reflects a multi-departmental effort with the City Attorney, Administration, Police,
Fire, and Community Services Group including Community Development, Parks and Recreation,
Public Works, and Utilities all in concurrence with the recommendation.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty that
there is no possibility that the proposed Municipal Code Amendments regarding the secur ity of
shopping carts and tents prohibition will have no effect on the environment (General Rule
Exemption CEQA Guidelines Sec. 15061(b)(3).
Additionally, the proposed ordinances would be exempt per CEQA Section 15301 Existing
Facilities, as there would be negligible or no expansion of use; CEQA Section 15308 Actions by
Regulatory Agencies for the Protection of the Environment, as the proposed ordinances are
intended to assure the maintenance and protection of the environment; and 15311 Accessory
Structures, regarding potential placement of on-premise signage needed for public notification
associated with the proposed ordinances.
FISCAL IMPACT
Budgeted: Yes/No Budget Year:
Funding Identified: Yes/No
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost
Total Project
Cost
General Fund
State
Federal
Fees
Other:
Total
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The introduction and modification of the two ordinances is not expected to have a measurable
fiscal impact to the core services current provided and which would continue.
The City is however expending significant General Fund monies toward homelessness solutions
and Council will be considering increased expenditures in the next two-year cycle. More
specifically, funds for the City’s CAT program and Downtown bicycle officers at $747,285;
Ranger Services and Public Works perform illegal and abandoned encampment clean-up and
maintenance at $679,000; and annual funding through Grants in Aid and to CAPSLO at
$150,000 and $157,000 respectively, total $1,733,285 that is spent annually on homelessness
solutions. An additional $300,000 for the Homelessness Response Manager contract position for
the next two years and $65,000 for the safe parking program at Railroad Square brings the total
to $2,098,285. Should expansion of the CAT program at $85,299, the MCU program at $300,000
and $63,826 in funds to expand bed a 40 Prado Homeless Services Center be approved, the total
funds dedicated to homelessness is $2,483,584.
ALTERNATIVES
1. Modify the ordinances as proposed. The City Council may modify the ordinances before
adoption. Depending on the scope of changes proposed, modification of the ordinances may
reintroduction during a subsequent public hearing.
2. Do not adopt the ordinances as proposed. The City Council may choose not to adopt one or
both of the ordinances. Staff does not recommend this alternative because the ordinances
reflect the direction of a majority of the City Council.
Attachments:
a - Ordinance 1695 (2021 Series)
b - Ordinance 1696 (2021 Series)
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O 1695
ORDINANCE NO. 1695 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 8, HEALTH AND SAFETY,
OF THE MUNICIPAL CODE TO ADD CHAPTER 8.10 PERTAINING TO
THE UNAUTHORIZED REMOVAL OF SHOPPING CARTS FROM
RETAIL ESTABLISHMENTS AND TO FACILITATE RETRIEVAL OF
ABANDONED SHOPPING CARTS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the aesthetic qualities of the City; and
WHEREAS, Abandoned or unattended shopping carts off the premises of retail
establishments can interfere with pedestrian and vehicle traffic and the use of public streets,
sidewalks, public areas, and public rights-of-way, can constitute a hazard to streams, riparian areas
and other natural areas, and contribute substantially to litter, clutter and visual blight; and
WHEREAS, The purpose of this ordinance is to promote the public health, saf ety and
welfare and the aesthetic qualities of the City by regulating and prohibiting the removal of
shopping carts from the premises of retail establishments, including designated parking areas,
without the authorization or consent of the cart’s owner, and to regulate the retrieval and
disposition of abandoned or unattended shopping carts that are found off the premises of retail
establishments so as to:
1. Provide for pedestrian and vehicle safety;
2. Ensure that the flow of pedestrian or vehicle traffic, including ingress into or egress
from any residence, place of business, street, sidewalk, public area, public right -of-
way, or any legally parked or stopped vehicle, is not unreasonably interfered with;
3. Help protect streams, creeks, riparian areas, and other natural areas within the City; and
4. Reduce litter, clutter, and visual blight associated with abandoned or unattended
shopping carts.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The Council hereby finds and declares the following:
1. The above recitals are true and correct and are incorporated herein by reference.
2. Abandoned or unattended shopping carts that are found off the premises of retail
establishments, on either public property or private property, are hereby declared a
public nuisance.
SECTION 2. Title 8, Health and Safety, of the Municipal Code is amended to add Chapter
8.10 as follows:
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Ordinance No. 1695 (2021 Series) Page 2
O 1695
8.10.010. Authority and Purpose
This Chapter is adopted pursuant to Business and Professions Code Sections 22435 through
22435.8 and the City’s general police powers for the purpose of regulating and prohibiting
the removal of shopping carts from the premises of retail establishments, including
designated parking areas, without the authorization or consent of the shopping cart’s
owner, and to regulate the retrieval and disposition of abandoned or unattended shopping
carts that are found off the premises of retail establishments.
8.10.020. Applicability
This Chapter applies to all businesses located in the City that provide shopping carts for
customer use and to all shopping carts on and off the premises of businesses within the
City.
8.10.030. Administration
The Director is authorized to administer this chapter which includes, without limitation,
the ability to promulgate administrative policies and procedures to interpret, implement
and enforce this chapter.
8.10.040. Definitions
The following definitions apply to the use of these terms for purposes of this chapter:
A. “Abandoned or unattended shopping cart” means a shopping cart which is left
unattended, discarded or abandoned upon any public or private property other than the
premises from which the shopping cart was removed, regardless of whether such
shopping cart was removed from the premises with the authorization or consent of the
cart’s owner.
B. “Director” means the Community Development Director, or their designee.
C. “Occurrence” means the retrieval or impoundment by the City pursuant to this chapter
of all shopping carts of an owner in a one-day period.
D. “Owner” means a person who owns or provides shopping carts for the use by customers
in connection with the conduct or operation of a business. “Person” includes, without
limitation, corporations, partnerships, and all other legal entities, and officers,
employees, and authorized agents of an owner.
E. “Premises” means the entire area owned and utilized by a retail establishment that
provides shopping carts for use by customers, including any parking lot or other off -
street area provided by or for an owner for use by customers for parking automobiles
or other vehicles. For retail establishments that share a parking lot or off-street area for
parking with other retail establishments, premises includes the entire parking lot or off-
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Ordinance No. 1695 (2021 Series) Page 3
O 1695
street area for parking that is provided for use by customers of the retail establishments
that share the parking lot or off-street area for parking.
F. “Public areas” include, without limitation, City-owned properties, open spaces, parks,
streams, creeks and riparian areas, public parking garages, portions of private property
that are outdoor common areas of any building, business premise, apartment building
or complex, or other premise, or any portion thereof, which is adjacent to public
property and is open to the public.
G. “Retail establishment” means any business located in the City of San Luis Obispo
which offers or provides shopping carts for the use of the customers of such business
regardless of whether such business is advertised or operated as a retail or wholesale
business, and regardless of whether such business is open to the general public, is a
private club or business, or is a membership store.
H. “Shopping cart” means a basket mounted on wheels or a similar device generally used
in a retail establishment by a customer for the purpose of transporting goods of any
kind.
8.10.050. Required Signs and Identification
A. Every owner must permanently affix to each shopping cart owned or provided by the
owner a sign that includes the following information:
1. Identification of the owner of the shopping cart or the retail establishment to which
it pertains, or both.
2. Notification that the unauthorized removal of the shopping cart from the premises
of the retail establishment, or the unauthorized possession of the shopping cart, is a
violation of law.
3. Notification of the procedure for authorized removal of the shopping cart from the
premises.
4. A telephone number or address for returning the shopping cart to its owner or to
the retail establishment identified thereon.
B. In addition to signs on its shopping carts, every business that owns or provides shopping
carts for use by its customers shall post conspicuous signs at or near all customer
entrances and exits and at or near each entrance and exit to its parking lotor off -street
parking area warning customers that removal of shopping carts from the premises is
prohibited without written authorization by the owner.
8.10.060. Prohibitions
It is unlawful for any business to allow or permit the removal of a shopping cart from the
premises of the cart’s owner.
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8.10.070. Cart Containment and Retrieval by Owners
A. Daily Cart Confinement. All shopping carts located on the premises of a retail
establishment (other than an establishment open for business twenty-four hours per
day) must be collected at the end of each business day by the owner, employees, or
authorized agents of the retail establishment and be collectively confined in a secured
manner in a designated cart confinement area on the premises until the commencement
of the next business day. All shopping carts located on the premises of any retail
establishment open for business twenty-four hours per day, other than carts then
currently in use by a customer, must be collected by the owner, employees, or
authorized agents of the retail establishment and returned to a designated cart
confinement area on the premises at least twice per calendar day between the hours of
twelve p.m. (noon) and twelve a.m. (midnight) on each day the retail establishment is
open for business.
This section does not apply to:
1. Shopping carts located within an enclosed building.
2. Shopping carts removed from the premises of a retail establishment for purposes of
repair or maintenance that are in the possession or custody of the party to whom
removal has been authorized in writing by the shopping cart owner.
3. Shopping carts being transported by the owner, or an officer, employee, or
authorized agent of the owner, to or from a business location of the owner.
B. Prompt Retrieval of Carts. All abandoned shopping carts of a retail establishment that
are found off the premises of the retail establishment must be retrieved as soon as
practicable by the owner, or an authorized agent of the owner, including a cart retrieval
service retained by the owner, but in no case longer than three business days after the
owner has discovered or has been notified that the abandoned cart is off the premises
of the retail establishment.
C. Retrieval Services. Persons retained to perform shopping cart retrieval services must
carry written authorization from the owner to be presented upon request by the
Director. Vehicles used by retrieval services must bear conspicuous signs identifying
the name of the cart retrieval service.
8.10.080. Impoundment and Retrieval of Abandoned Shopping Carts
A. The Director may retrieve and impound any abandoned shopping cart pursuant to and
in accordance with the provisions Business and Professions Code Section 22435.7.
B. Impoundment Following Three-Day Notice. A shopping cart that has a sign affixed to
it in accordance with the provisions of this chapter and Business and Professions Code
Section 22435.1 may be impounded by the City provided both of the following
conditions are met:
1. The shopping cart is located outside the premises or parking area of a retail
establishment; and
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2. Except as provided in the Impoundment Without Three-day Notice section of this
chapter, the shopping cart is not retrieved within three business days from the date
the owner of the shopping cart, or his or her agent, receives actual notice from the
City of the shopping cart’s discovery and location.
C. Impoundment Without Three-day Notice.
1. The City may retrieve and impound any abandoned shopping cart without first
giving three-days’ notice provided:
a. The Director provides actual notice to the owner, or his or her agent, of the
impoundment of the shopping cart within twenty-four (24) hours following the
impound;
b. The notice informs the owner, or his or her agent, of the location where the
shopping cart may be claimed;
c. Any shopping cart reclaimed by the owner, or his or her agent, within three
business days after the date of actual notice to the owner, or his or her agent, of
the impound, must be released and surrendered to the owner, or his or her agent,
at no charge, including the waiver of any impound and storage fees or fines
which otherwise would be applicable; and
d. The shopping cart is held at a location that is both:
1. Reasonably convenient to the owner of the shopping cart; and
2. Open for business at least six (6) hours of each business day.
D. Immediate Retrieval and Impoundment by City for Impeding Emergency Services.
The Director or designee may immediately retrieve and impound any shopping cart
from public or private property if the location of the shopping cart impedes emergency
services.
E. Any cart reclaimed by the owner or their agent within three business days from the date
the owner of the shopping cart, or their agent, is given actual notice by the City of the
shopping cart’s discovery and location, or impoundment, shall not be deemed an
occurrence for purposes of this chapter.
F. The owner of any shopping cart that is not reclaimed within three business days after
the date the owner has been given actual notice by the City of the shopping cart’s
discovery and location, or impoundment, is subject to prosecution or the imposition of
administrative costs, fees, fines, interest and other penalties applicable under this
chapter commencing four business days after the date of notice.
G. Any shopping cart not reclaimed from the City within thirty (30) days of receipt by the
owner, or the owner’s agent, of actual notice from the City of the cart’s discovery and
location, or impoundment, and any shopping cart, the owner of which cannot be
determined, may be sold, or otherwise disposed of by the City.
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8.10.090. Recovery of Fines and Costs by City
A. Pursuant to Business and Professions Code Section 22435.7(f), any owner that fails to
retrieve the owner’s shopping cart or shopping carts within three business days from
the date of being given notice of the cart’s or carts’ discovery and location, or
impoundment, by the City, is guilty of a violation of this chapter and may be punished
with an administrative fine of fifty dollars ($50) for each occurrence in excess of three
during the six-month period starting January 1 and ending on June 30 or the six-month
period starting July 1 and ending December 31 of each calendar year.
B. In addition to the fines imposed above, the owner shall pay the City’s actual costs for
retrieving and storing the owner’s shopping cart or carts except when the owner, or
their authorized agent, reclaims their cart or carts within three business days from being
given notice of the cart’s or carts’ discovery and location, or impoundment, by the City,
in which case, all fines, costs and fees shall be waived.
8.10.100. Disposal of Abandoned Shopping Carts
The Director or designee may sell or otherwise dispose of any abandoned shopping cart
that has not been reclaimed by its owner within thirty (30) days after the owner receives
notice of the cart’s or carts’ discovery and location, or impoundment, by the City, or for
which the owner of the shopping cart cannot be determined by the City.
8.10.110. Violation – Penalty
Any person who violates any provision of this Chapter is guilty of an infraction and is
subject to punishment as provided for in Chapter 1.12 (General Penalty) or as provided
under Chapter 1.24 (Administrative Code Enforcement Procedures).
SECTION 3. Publication. A summary of this ordinance, together with the names of
Council members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This ordinance
shall go into effect at the expiration of thirty (30) days after its final passage.
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Ordinance No. 1695 (2021 Series) Page 7
O 1695
SECTION 4. Severability. If any provision of this Ordinance is held invalid by a court of
competent jurisdiction, such provision shall be considered a separate, distinct, and independent
provision and such holding shall not affect the validity and enforceability o f the other provisions
of this Ordinance.
INTRODUCED on the 13th day of April 2021, AND FINALLY ADOPTED by the Council
of the City of San Luis Obispo on the ____ day of ________ 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
______________________________
Teresa Purrington,
City Clerk
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O 1696
ORDINANCE NO. 1696 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 12.04 AND CHAPTER
12.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY
EXPRESSLY THAT TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN PUBLIC PARKS
WHEREAS, The City has a substantial interest in promoting the public health, safety and
welfare of its residents, visitors and businesses, and the safety and aesthetic qualities of City parks
and recreational facilities; and
WHEREAS, longstanding City encroachment regulations prohibit the erection of
structures in public places, including parks, without a permit; and
WHEREAS, there has been a proliferation of tents in public parks accompanied by an
increase in public complaints to the City of adverse behaviors and interactions in parks, including
drug and alcohol abuse, and associated verbal and physical intimidation, aggression and adverse
interactions among park users; and
WHEREAS, increased instances of erection of tents and other enclosed structures in parks
obscures adverse and illegal activities from public view, contributes substantially to the
accumulation of litter, clutter and visual blight, can interfere with pedestrian circulation, can
obstruct or interfere with the lawful use of park areas by the general public for their intended
recreational uses, and inhibits the effective regulation and enforcement against illegal activities in
the parks; and
WHEREAS, continuous presence of tents in park areas during hours of operation
interferes with daily park maintenance to ensure safe and proper upkeep; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety and
welfare and support lawful use and access to city parks by all community members consistent with
the intended legal uses and aesthetic qualities of city parks by:
(1) Providing for unobstructed, open public views of public park areas and activities
conducted in public park areas to deter unsafe and illegal activities in the parks, to facilitate
compliance with laws, and to protect the public, health safety and welfare of all park users;
(2) Preventing interference with or obstructions of the flow of pedestrian circulation by the
placement of tents and large volumes of personal belongings in pedestrian paths of travel;
(3) Discouraging the establishment of residential uses of parks facilitated by tents, which have
been observed to result in violations of park hours of operation, as well as illegal and
unsanitary accumulation and disposal of litter, clutter, and visual blight associated with the
occupation of tents in the parks;
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Ordinance No. 1696 (2021 Series) Page 2
O 1696
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows/or that (whatever action is needed):
SECTION 1. Encroachment Amendments. Section 12.04.020 B (Encroachments
Restricted) of Chapter 12.04 (Encroachments and Excavations) of the San Luis Obispo Municipal
Code is hereby amended to include express reference to the application of the encroachment
regulations related to the erection of tents in public parks, to read as follows:
12.04.020 Encroachments restricted.
B. For purposes of this chapter, encroachments shall not include activities regulated as
parades or special events pursuant to Chapter 5.80. Additional clarification of the
application of these provisions to the use of tents or other enclosed structures in public
parks are set forth in Chapter 12.20 (PARK REGULATIONS) of this code.
SECTION 2. Section 12.20.02 (Definitions) of Chapter 12.20 (PARK REGULATIONS),
is hereby amended and renumbered to clarify the definition of “park” and add a definition of “tent”,
to read as follows:
12.20.020 Definitions.
The following words shall have the meaning indicated when used in this chapter:
A. “Amplified sound” means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
B. “Director” means the director of parks and recreation or other person authorized by him
or her, pursuant to law, to act in his or her stead.
C. “Park” means any parkland, playground, beach, or recreational facility, including any
parking lots, open space, creek, or any other area or structure accessory thereto under
the operational control of the Parks and Recreation Department of the City of San Luis
Obispo.
D. “Permit” or “reservation” means written authorization for exclusive use of parks or
buildings, or portions thereof, as provided for and defined by this chapter.
E. “Tent” means any enclosed temporary physical structure that obstructs activities within
the structure from public view, excluding canopies and covers that are open on all sides.
“Tent” shall not include blankets, towels, mats, portable lawn chairs, unenclosed shade
structures not affixed to public property, or similar items for temporary use in
conjunction with otherwise lawful park use.
F. “Vehicle” means any device by which any person or property may be propelled, moved
or drawn, excepting a device moved by human power.
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SECTION 3. Section 12.20.040 (Rules and regulations applicable in city parks.) of
Chapter 12.20 (PARK REGULATIONS), is hereby amended to add a section expressly clarifying
the prohibition against tents in public parks, to read as follows:
F. It shall be unlawful for any person to erect, establish or occupy a Tent in any Park,
except by express permission of the Director; in connection with a valid event permit
issued by the Department; or as otherwise provided by resolution of the City Council.
SECTION 4. All Prior ordinances, resolutions or administrative orders relating to parks
regulations are hereby superseded to the extent inconsistent herewith.
SECTION 5. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
New Times, a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 13th day of April 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2021, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
____________________________________
Teresa Purrington,
City Clerk
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