HomeMy WebLinkAboutO-1696 amending Chapter 12.04 and Chapter 12.20 to clarify expressly that tents and similar structures are prohibited encroachments in public parksO 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 erection and occupation of tents in the parks;
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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. Additio nal
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 12.20.020 (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.
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F. “Vehicle” means any device by which any person or property may be propelled,
moved or drawn, excepting a device moved by human power.
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.
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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 3rd day of May 2022, on the following vote:
AYES: Council Member Marx, Vice Mayor Christianson, and Mayor Stewart
NOES: Council Member Pease and Shoresman
ABSENT: None
__________________________
Mayor Erica A. Stewart
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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5/9/2022 | 6:01 PM PDT