HomeMy WebLinkAbout09-18-2012 ph1 introto living & sleeping ordinance changesMeenng Date 09/18/1 2
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counci lj aqenOa RepoRt
C I T Y O F S A N L U I S O B I S P O
FROM :
Christine Dietrick, City Attorne y
Derek Johnson, Community Development Directo r
Carrie Mattingly, Interim Public Work's Directo r
SUBJECT :MUNICIPAL CODE AMENDMENTS TO TITLE 9 (PUBLIC PEACE ,
MORALS AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC) AN D
TITLE 17 (ZONING) IN RESPONSE TO THE AUGUST 9,2012 ,
SETTLEMENT AGREEMENT WITH THE SLO HOMELESS ALLIANC E
RECOMMENDATIO N
1 . Introduce by title only an ordinance to adopt amendments to the Municipal Code, a s
follows :
a.Add Chapter 10 .34 to prohibit overnight camping on public streets and City -
owned parking lots .
b.Amend Chapter 17 .16 .015 to apply only to private property .
c.Remove Chapter 9 .18 because it is duplicative of Chapter 17 .16 .015 .
DISCUSSIO N
On July 3,2012,the Superior Court issued a ruling indicating the court intended to grant a
preliminary injunction against the City's enforcement of San Luis Obispo Municipal Cod e
(SLOMC) Section 17 .16 .015,which prohibits the use of vehicles as living and sleeping quarter s
on local streets . The Court's ruling was based primarily on two preliminary conclusions . The
Court preliminarily concluded that, when the Council adopted Section 17 .16 .015 of the City's
Zoning Code, it did not intend to apply the ordnance to public streets, but instead only intended
to prohibit living and sleeping in vehicles on private property . The court also preliminaril y
concluded that the City only recently began enforcement of the Ordinance and that enforcemen t
was undertaken in a manner that may be arbitrary or disproportionate .
On July 10,2012,the Council adopted Emergency Ordinance Number 1583,which declared an d
reaffirmed the Council's intended enforcement of the City's Ordinance prohibiting the use o f
vehicles as living and sleeping quarters on public streets . To further address the concerns raise d
by the court, the Council adopted a parallel prohibition, added as Chapter 9 .18 (vehicle as
dwelling unit) of the San Luis Obispo Municipal Code . Adoption of Chapter 9 .18 addressed th e
Court's concern that Chapter 17 (also referred to as the Zoning Regulations) does not reasonabl y
convey the prohibition of using vehicles for living or sleeping quarters because the purpose o f
Chapter 17 is to guide development of the City in an orderly manner . The July 10,2012,Counci l
report noted that the Court's narrow construction of Chapter 17 is inconsistent with City
interpretation, historical application of the Zoning Regulations, and case law . Nonetheless ,
Chapter 9 .18 was adopted to preclude any doubt that the prohibition of the use of vehicles fo r
living and sleeping extends to public streets .
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Municipal Code Amendments to Prohibit Overnight Camping on City Street s
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On August 9, 2012, the Council approved a settlement agreement of the SLO Homeless Alliance
v . City of SLO case . The settlement agreement was the result of a mediation session conducte d
during the previous week by local mediator Scott Radovich . The Council has indicated that i t
remains committed to regulation calculated to protect the community from the adverse impacts o f
residential uses of public streets . However, rather than continuing to expend public resource s
defending the current regulation, the Council agreed to the settlement to end costly litigation an d
pursue a different regulatory course to achieve its neighborhood wellness objectives . Th e
Council voted 4-1 (Carpenter voting no) to accept the settlement agreement, thereby endin g
litigation on this matter. The major components of the agreement are :
•The City Council will consider an alternate approach to regulate the issue o f
people living and sleeping in their vehicles on City streets . In the interim, the Cit y
retains the right to enforce its recently enacted emergency ordinance prohibiting
the use of vehicles as dwellings in the interest of protecting the public's health an d
safety .
•If the City Council does not pursue an alternate approach to regulate the issue o f
people living and sleeping in their vehicles on City streets by December 31, 2012 ,
the City's enforcement of the recently adopted emergency ordinance will be
prohibited on the public streets .
•The City agreed not to oppose the court's order limiting the enforcement o f
Zoning Regulations Section 17 .16 .015 on the public streets .
•The plaintiffs released all claims arising from or related to the action .
•Plaintiffs' attorneys may seek a court award of attorneys' fees . However, the City
disputes the validity of the plaintiffs' action and retains the right to oppose an y
motion for fees .
•The City Prosecutor will dismiss pending criminal citations issued for violation o f
Section 17 .16 .015 since January 1, 2012 and will not oppose the action by th e
plaintiffs to expunge any convictions based on the same code section during th e
same time period .
In accepting the settlement, the City denies any liability and disputes the validity of the plaintiffs '
claims . In addition, the City expressly reserves the right to oppose any motion for attorney's fee s
filed by plaintiffs . The decision to settle was considered to be the more fiscally prudent course o f
action, and now allows the City to direct its resources and focus away from litigation and toward s
policies and services that positively impact members of the community affected by homelessness .
The decision to settle will satisfy the plaintiffs' demands by allowing the City Council t o
consider a different regulatory approach to address persons living and sleeping in vehicles on th e
City's streets . The City has agreed to consider this change by December 31, 2012 . Until that
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Municipal Code Amendments to Prohibit Overnight Camping on City Street s
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time, the City's recently enacted emergency ordinance will continue to prohibit living an d
sleeping in vehicles on City streets .
Several amendments to the Municipal Code are recommended to be consistent with th e
agreement .
1.To provide an alternate approach to regulating the issue, adoption of Chapter 10 .34 i s
recommended . Chapter 10 .34 contains language expressly stating the Chapter applie s
to public streets and provisions for public notice at entrances to the City are include d
to ensure adequate notice . Staff also proposes that a first warning be issued prior t o
issuance of citations to provide further notice of the prohibition on overnight campin g
on public streets .
2.With the adoption of Chapter 10 .34 applicable to public streets and City owne d
parking lots, Municipal Code Section 17 .16 .015 can be amended to apply only t o
private property .
3.With adoption of SLOMC Chapter 10 .34 to apply to public streets and th e
amendment of SLOMC Section 17 .16 .015, limiting its applicability to privat e
• property, the recently adopted Chapter 9 .18 and Section 17 .16 .015 are duplicative an d
Chapter 9 .18 is no longer required and should be removed from the Municipal Code .
Chapter 9 .18 will remain in effect until January 1, 2013 until such time as signs ar e
posted and public outreach is done with the community .
The Planning Commission will be considering the proposed SLOMC changes on September 12 ,
2012 and staff will relay the Planning Commission's recommendation at the hearing .
CONCURRENCE S
The Community Development Director, Police Chief, and Interim Director of Public Work s
concur with the recommendation to adopt the Municipal Code Amendments .
FISCAL IMPAC T
Staff's conclusion is that the costs of sign installation and design will be offset since ordinance
amendments are consistent with the recent settlement agreement which the City reached to avoi d
costly litigation . Ordinance amendments also will help address the deleterious effects of usin g
vehicles as living or sleeping quarters by providing an alternative approach to regulatin g
overnight camping and sleeping within City public-right-of ways and City owned parking areas .
There are impacts to the General Fund associated with the design and construction of sign s
required for notification of the ordinance . With 33 sign posting locations citywide, each havin g
its own design parameters and construction challenges in addition to consolidating signing wit h
the potentially upcoming oversize vehicle and unattached trailer ordinance, it's difficult t o
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Municipal Code Amendments to Prohibit Overnight Camping on City Street s
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estimate the cost of signing with any degree of accuracy at this point . Based on the array of price s
the City has received on other recent projects staff is roughly expecting the cost of signing t o
range from $15,000 to $35,000 for construction and $5,000 to $7,500 for design . These costs ar e
largely dependent on the physical site conditions of each sign location which has not yet bee n
evaluated. Moreover, the adequacy of proposed signage is subject to court review and approva l
and it is not possible to anticipate at this point what the court's assessment of the City's propose d
signage program may be . The requirement of signage in excess of what staff currentl y
anticipates obviously will drive increased costs .
ALTERNATIVE S
1.Take no action . Staff does not recommend this alternative since the recommended
amendments are necessary to be consistent with the settlement agreement and to maintai n
regulations which can be used to enforce the prohibition of using vehicles as living o r
sleeping quarters on public streets .
2.Modify the proposed Municipal Code amendments . Staff does not recommend thi s
option . Careful consideration has been given in preparing amendments that fulfill th e
requirements of the agreement and continue to provide enforceable regulations to prohibi t
the use of vehicles as living or sleeping quarters .
ATTACHMENTS
1.Ordinanc e
2.Legislative Draft of Ordinanc e
3.Sign Plan Ma p
4.Sign Plan Design
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Attachment 1
ORDINANCE NO .#### (2012 Series )
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING TH E
MUNICIPAL CODE TO LIMIT THE APPLICABILITY OF MUNICIPA L
CODE SECTIONS 17 .16.015 (VEHICLE AS DWELLING UNIT) TO
PRIVATE PROPERTY OUTSIDE OF THE PUBLIC-RIGHT-OF-WAY AN D
ADOPTING MUNICIPAL CODE SECTION 10 .34 (OVERNIGHT CAMPIN G
PROHIBITED ON CITY STREETS AND CITY OWNED PARKING LOTS )
AND REPEALING CHAPTER 9 .18 IN ITS ENTIRET Y
WHEREAS,on August 9, 2012, the City Council of San Luis Obispo agreed to a
settlement with the SLO Homeless Alliance which ended litigation on the enforcement o f
regulations that prevent people from living and sleeping in vehicles on City streets ; and
WHEREAS,the settlement agreement reflects the City's decision to focus resource s
away from litigation and towards policies and services that positively impact members of th e
community affected by homelessness ; and
WHEREAS,the City Council agreed to consider an alternate approach to regulate th e
issue of people living and sleeping in their vehicles through regulation of the parking of vehicle s
for such purposes on City streets ; and
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WHEREAS,the City retains its right to enforce Municipal Code Chapter 9 .18 in th e
interest of protecting the public's health and safety ; an d
WHEREAS,the City Council agreed that if it opts not to enact parking regulation as a n
alternate approach to regulate the issue of people living and sleeping in their vehicles on City b y
December 31, 2012, Municipal Code Chapter 9 .18 cannot be enforced on public streets ; an d
WHEREAS,The ordinance included herein is intended to mitigate the adverse impact s
of people living and sleeping in their vehicles on City Street with the introduction of Municipa l
Code Chapter 10 .-34 prohibiting the parking of vehicles on public streets for that purpose ; an d
WHEREAS,due to the availability of an alternate mechanism by which to address th e
impacts of people living and sleeping in their vehicles on the public streets, the City Counci l
agreed the City will not oppose the Court's order limiting the enforcement of Zoning Regulation s
Section 17 .16 .015 on the public streets, an d
WHEREAS,it is the intent of the Council to adopt ordinance amendments consisten t
with those contemplated by the settlement agreement with the SLO Homeless Alliance and as a
necessary measure to limit the parking of vehicles for purposes of residential occupancy, t o
prevent the establishment and proliferation of unsafe and unsanitary residential uses within th e
City limits, and to preserve the City's immediate authority to regulate public conduct in the bes t
interests of its citizenry .
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Lui s
Obispo as follows :
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Ordinance No . #### (2012 Series )
Page 2
SECTION 1 .The City Council makes the following findings :
A.The adoption of Municipal Code Section 10 .34 prohibiting the parking of vehicle s
for purposes of overnight camping on City Streets and City owned parking areas i s
necessary because the City's streets are ill-suited to support vehicular residentia l
occupancies, not only for the residents establishing such illegal uses, but also for th e
public forced to bear the impacts because : the streets and other non-exempted area s
within the City do not have facilities or services to support residential uses ; the
mobile nature of such vehicular uses make them difficult to regulate and patrol ;
establishment of residential uses in zones, areas, locations, or properties not designe d
or equipped to support such uses is unsafe and unsanitary ; the proliferation of suc h
unregulated uses in areas not designed to support them encourages misconduct such
as illegal garbage disposal, illegal septic disposal, illegal discharges into the City's
sewer and stormwater conveyance systems in violation of the City's state permittin g
requirements ; public urination and defecation . Moreover, establishment o f
residential uses in areas not equipped to serve them creates conflicts between th e
improper residential use and adjacent approved and supported uses an d
developments ; establishment of residential uses in areas not zoned and equipped fo r
such uses is inconsistent with the City's General Plan and goals and objectives fo r
orderly development .
B.Adoption of Municipal Code Section 10 .34 is consistent with twenty-one policies i n
the City's General Plan, which are devoted to ensuring compatible land uses and th e
enactment of Municipal Code amendments including the adoption of Chapter 10 .3 4
is necessary to prohibit living and sleeping in vehicles and is required to provide an
implementing measure to enforce illegal uses that are incompatible with lawful an d
permitted uses .
C.The Municipal Code amendments are consistent with the "10-Year Plan to En d
Homelessness in San Luis Obispo County," which includes policies, programs, an d
actions to assist the transition of homeless persons into housing, and the City ha s
embraced and supported such policies and programs .
D.Some of the adverse impacts in areas where vehicular occupancies have proliferate d
or concentrated within the City, which have been reported to the City by third partie s
or observed by City staff, include : littering, public urination, public defecation ,
and/or intoxication, obstruction of vehicular or pedestrian passage on both publi c
and private property ; theft of water and electricity, verbal and physical assaults,
trespass onto adjacent public and private properties ; vandalism ; and harassment or
intimidation of occupants, employees, and/or customers of adjacent properties .
E.Prior to the initiation of the legal action that resulted in the Court's July 3, 201 2
ruling granting the preliminary injunction, City staff had undertaken consideration o f
a proposal by the Community Action Partnership of San Luis Obispo (CAPSLO) t o
establish a "safe parking" pilot program, whereby a limited number of homeles s
residents would be permitted to utilize their vehicles as overnight living and sleeping
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Ordinance No . #### (2012 Series )
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quarters in the parking lot of the Prado Day Center, subject to agreement t o
participate in case management services designed to transition those individual s
and/or families into permanent housing and self-sufficiency . That program include s
access to sanitation facilities not otherwise available to individuals living an d
sleeping in their vehicles parked on public streets . The program proposal was
subsequently recommended for approval and approved by the Council .
F.The "safe parking" pilot program is being evaluated and if successful, staff is t o
recommend the continuance of the pilot program and municipal code changes t o
authorize the expansion of the program to other compatible areas throughout the Cit y
at a future date .
G.On July 3, 2012, the San Luis Obispo Superior Court issued a ruling granting a
preliminary injunction against the enforcement of the City's zoning prohibition of
the use of vehicles as living and sleeping quarters on local public streets .
H.On July 10, 2012, the Council found that the Court's ruling reflected a
misapprehension of the Council's intent as to the application and longstandin g
enforcement of Municipal Code Section 17 .16 .015, and reaffirmed its intent to apply
the prohibition to the public streets by adopting a parallel prohibition added a s
Chapter 9 .18 (Vehicle as Dwelling Unit) of the San Luis Obispo Municipal Code .
I.On August 9, 2012, the City of San Luis Obispo approved an agreement with the
SLO Homeless Alliance relating to the enforcement of regulations that preven t
people from living and sleeping in vehicles parked on City Streets .
J.In reaching the settlement agreement, the City Council continues to assert that it s
ordinances and actions are legally permissible, valid and appropriate as applied t o
the public streets ;
K.The amendments herein, as a result of the agreement, represent a practical an d
financial decision to direct resources and focus away from litigation and toward s
policies and services that positively impact members of the community affected b y
homelessness .
L.The Council finds that the establishment of residential uses in vehicles on the publi c
streets with no mechanism for enforcement constitutes an imminent and immediat e
threat to the public peace, health and safety because public streets are not equippe d
to support residential occupancies for the reasons set forth in this Ordinance .
M.Jurisdictions throughout California have passed and enforced prohibitions agains t
such occupancies on public streets and the absence of an ordinance will likely
encourage the establishment of such occupancies on City streets .
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Ordinance No . #### (2012 Series )
Page 4
N . The establishment of such occupancies on the public streets invites, facilitates an d
encourages the maintenance of unsafe and unsanitary residential conditions withi n
the City .
0 . The Council finds that the lack of reasonable enforcement mechanisms to preven t
and prohibit such unsafe and unsanitary occupancies is contrary to the public peace ,
health, and safety and leaves the City, its residents, businesses and property owner s
without recourse to address valid complaints about the adverse impacts of suc h
occupancies in an effective and expedient manner .
P . Solely as a matter of expedience, in order to meet the demands of plaintiffs a s
necessary to settle the litigation entitled SLO Homeless Alliance v . City of San Lui s
Obispo, et al ., and to avoid further costly expenditures of public resources, the Cit y
Council is exercising its authority to regulate the improper residential use of vehicle s
parked on public streets pursuant to its constitutional police powers and through th e
adoption of vehicle parking regulation pursuant to the authority delegated to it by th e
California Vehicle Code to regulate the stopping, standing and parking of certai n
vehicles on local streets .
SECTION 2 . For the reasons set forth herein and in order to ensure clarity o f
enforcement and the continued ability of the City to prohibit unsafe and unsanitary occupancie s
of vehicles parked on the public streets, which are contrary to the City's plans for orderl y
development, environmental protection, and human health, safety and welfare, and to support
and secure the positive progress of the "safe parking" pilot program and subsequen t
consideration of the expansion of such programs for the support of the homeless community i n
San Luis Obispo, Chapter 10 .34 is hereby added to the San Luis Obispo Municipal Code to rea d
as follows :
CHAPTER 10 .3 4
OVERNIGHT CAMPING PROHIBITED ON CITY STREETS AND CITY OWNE D
PARKING AREA S
Sections :
10.34 .010 Purpos e
10 .34 .020 Overnight camping prohibited on City streets and City owned parking areas .
10 .34 .030 Enforcement and Penalties .
10 .34 .010— Purpos e
The purpose of the ordinance is to make public streets and other public areas readily accessibl e
to the public for their intended and supported purposes and to limit the overnight parking o f
vehicles on public streets and public areas for purposes of human habitation, temporary o r
permanent residential occupation, camping, or sleeping (also referred to herein as "overnigh t
camping"), which uses of public streets and areas are hereby deemed to be unsafe, unsanitary ,
and incompatible with the intended and supported uses of streets and other public areas .
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Ordinance No . #### (2012 Series )
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10.34.020 - Overnight Camping Prohibited on City Streets and City Owned Parking Areas
A.Prohibition . No occupied vehicle shall be parked for the purposes of allowing the occupant s
thereof to establish a temporary or permanent residential use, camp or sleep within the vehicle
during the hours of 10 :00 p .m . to 6 :00 a .m . For the purpose of this section, any occupied moto r
vehicle parked on the public streets or specified public areas during the times mentioned herein ,
which (1) contains a person or persons sleeping therein, or (2) contains bedding or camp
paraphernalia arranged for the purpose of, or in such a way as will permit, the occupants thereo f
to remain overnight shall be deemed to be in violation of this section .
B.Applicability . This section shall prohibit the parking of vehicles for purposes of overnigh t
camping on any City public right-of-way, including all public streets, and any city-owne d
parking areas within the City of San Luis Obispo . Camping or sleeping in vehicles on privat e
property or areas not within the public right-of-way, public streets, or any city –owned parkin g
areas are subject to the requirements of Municipal Code Sections 17 .16 .015 .
C.Exceptions . This Chapter is not applicable to "Safe Parking" programs or similar vehicula r
sheltering programs or the expansion of such programs approved by the City Council in suppor t
of the homeless community of San Luis Obispo .
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D . Notice . Public notice of this section shall be in accordance with California Vehicle Cod e
section 22507 with signage at each entrance to the City .
10.34 .030– Enforcement and Penaltie s
A.This chapter shall be enforced by the City's Police Department or such other Departments o r
persons designated by the Chief of Police .
B.Any violation of this chapter shall be a parking violation, the amount of penalties for whic h
shall be set by the Council by resolution .
SECTION 3 . Section 17 .16 .015 of Chapter 17 .16 of the Municipal Code is hereby amende d
to read as follows :
Recreational vehicle as dwelling unit . No recreational vehicle, camper shell, automobile or
similar device shall be used for living or sleeping quarters on private property, except in a
lawfully operated mobile home park, travel trailer park, or campground, except as provided i n
Section 17 .08 .010(C)(4) et seq . Within City streets, areas of the public right-of-way, and Cit y
owned parking areas, parking of vehicles for purposes of overnight camping or sleeping i s
prohibited by and shall be subject to enforcement in accordance with Municipal Code Chapte r
10.34, (Ord . 1484 § 14, 2005 : Ord . 1277 § 5, 1995 )
SECTION 4 . Chapter 9 .18 is hereby repealed in its entirety from the Municipal Code.
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This section shall take effect on January 1, 2013 .
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Ordinance No . #### (2012 Series )
Page 6
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SECTION 5 .Environmental . The project is exempt from environmental review pe r
CEQA Guidelines under the General Rule (Section 15061(b) (3)). The municipal cod e
amendments involve modification of existing regulations, which prohibit the use of vehicles a s
living or sleeping quarters on private property and public streets . It can be seen with certaint y
that the proposed Municipal Code text amendments will have no significant effect on th e
environment .
SECTION 6 .Severability .If any subdivision, paragraph, sentence, clause, or phrase o f
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competen t
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of th e
remaining portions of this ordinance, or any other provisions of the City's rules and regulations .
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases b e
declared invalid or unenforceable .
SECTION 7.Invalidity .If any subdivision, paragraph, sentence, clause, or phrase o f
this ordinance is, for any reason, held by a court of competent jurisdiction to be an invalid o r
unenforceable exercise of the City's authority under the California Vehicle Code, such invalidit y
or unenforceability shall not affect the validity or enforcement of the prohibition against campin g
or sleeping in a vehicle on public streets, parking areas or rights of way . Rather, upon a judicia l
determination of invalidity or unenforceability under the California Vehicle Code, this ordinanc e
shall be deemed to have been adopted solely pursuant to the City's constitutional police powers
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and violations of Chapter 10 .34 shall be re-codified in Chapter 9 .18 and deemed infraction s
subject to enforcement by infraction citation or administrative citation issued to the individual
found to be in violation, rather than by parking citation .
SECTION 8 .A summary of this ordinance, together with the names of Council member s
voting for and against, shall be published at least five (5) days prior to its final passage, in Th e
Tribune, a newspaper published and circulated in this City . As otherwise specified in section 4
of this ordinance, this ordinance shall go into effect at the expiration of thirty (30) days after it s
fmal passage .
INTRODUCED on the day of , 2012,AND FINALLY ADOPTED b y
the Council of the City of San Luis Obispo on the day of , 2012, on the followin g
vote :
Mayor Jan Marx
ATTEST :
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Ordinance No . #### (2012 Series)
Page 7
APPROVED AS TO FORM :
J . Christine Dietric k
City Attorne y
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Attachment 2
C h arm-°i ter-Tm
Sections :
9 .'SO Vehicles as dwellings prohibited .
9-18 .420 Violation Penalty .
sleeping quarters except ina lawfullyoperated mobile home park, travel trailer park, o r
A .,
9 .18 .020 Violation Penalt y
punishment as provided for in Chapter 1 .12 . (Ord . 1583 § 2 (part), 2012 )
17 .16 .015 Recreational vehicle as dwelling unit.
No recreational vehicle, camper shell, automobile or similar device shall be used for living o r
sleeping quarters on private property,except in a lawfully operated mobile home park, trave l
trailer park, or campground, except as provided in Section 17 .O8 .010(C)(4)et seq .Within City
streets, areas of the public right-of-way, and City owned parking areas, parking of vehicles fo r
purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcemen t
in accordance with Municipal Code Chapter 10 .34 .(Ord . 1484 § 14, 2005 : Ord . 1277 § 5, 1995 )
CHAPTER 10 .3 4
OVERNIGHT CAMPING PROHIBITED ON CITY STREETS AND CITY OWNE D
PARKING AREA S
Sections :
10 .34.010Purpos e
10 .34.020Overnight camping prohibited on City streets and City owned parking areas .
10 .34.030Enforcement and Penalties .
10 .34 .010 — Purpos e
The purpose of the ordinance is to make public streets and other public areas readily accessibl e
to the public for their intended and supported purposes and to limit the overnight parking o f
vehicles on public streets and public areas for purposes of human habitation, temporary o r
permanent residential occupation, camping, or sleeping (also referred to herein as "overnight
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camping"), which uses of public streets and areas are hereby deemed to be unsafe, unsanitary ,
and incompatible with the intended and supported uses of streets and other public areas .
10 .34.020 - Overnight Camping Prohibited on City Streets and City Owned Parking Area s
A.Prohibition . No occupied vehicle shall be parked for the purposes of allowing th e
occupants thereof to establish a temporary or permanent residential use, camp o r
sleep within the vehicle during the hours of 10 :00 p .m . to 6 :00 a .m . For the purpos e
of this section, any occupied motor vehicle parked on the public streets or specifie d
public areas during the times mentioned herein, which (1) contains a person o r
persons sleeping therein, or (2) contains bedding or camp paraphernalia arranged fo r
the purpose of, or in such a way as will permit, the occupants thereof to remai n
overnight shall be deemed to be in violation of this section .
B.Applicability. This section shall prohibit the parking of vehicles for purposes o f
overnight camping on any City public right-of-way, including all public streets, an d
any city-owned parking areas within the City of San Luis Obispo . Camping or
sleeping in vehicles on private property or areas not within the public right-of-way ,
public streets, or any city –owned parking areas are subject to the requirements o f
Municipal Code Sections 17 .16 .015 .
C.Exceptions . This Chapter is not applicable to "Safe Parking"programs or simila r
vehicular sheltering programs or the expansion of such programs approved by th e
City Council in support of the homeless community of San Luis Obispo .
D.Notice . Public notice of this section shall be in accordance with California Vehicl e
Code section 22507 with signage at each entrance to the City .
10 .34 .030– Enforcement and Penaltie s
A.This chapter shall be enforcedbythe City's Police Department or such other
Departments or persons designated by the Chief of Police .
B.Any violation of this chapter shall be a parking violation, the amount of penalties fo r
which shall be set by the Council by resolution .
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Attachment 3
NO CAMPING ORDINANCE SIGN PLA N
33 Signs Posted at City Entrances
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A .chment 4
Note : sign & text dimensions shall be per Ca . MUTCD based on conditions of each location .
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OVERNIGHT CAMPING PROHIBITE D
ON CITY STREETS & PUBLIC PARKING AREA S
10 :00 PM to 6 :00 A M
SLO CITY MUNICIPAL CODE 10 .XX .XXX
THIS SECTION RESERVED FO R
OVERSIZED VEHICLE PARKING ORDINANC E
SLO CITY MUNICIPAL CODE 10 .XX .XXX
THIS SECTION RESERVED FO R
UNATTACHED TRAILER PARKING ORDINANC E
SLO CITY MUNICIPAL CODE 10 .XX .XXX
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