HomeMy WebLinkAbout1583ORDINANCE NO. 1583 (2012 Series)
AN EMERGENCY ORDINANCE OF THE CITY OF SAN LUIS OBISPO
DECLARING AND REAFFIRMING THE SCOPE AND INTENDED ENFORCEMENT
OF THE CITY'S ORDINANCE PROHIBITING THE USE OF VEHICLES AS LIVING
AND SLEEPING QUARTERS THROUGHOUT THE CITY OF SAN LUIS OBISPO AND
ADOPTING PARALLEL PROHIBITION TO BE ADDED AS CHAPTER 9.18
(VEHICLE AS DWELLING UNIT) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, on July 3, 2012, Superior Court Judge Charles S. Crandall issued a
preliminary injunction against the City's enforcement of San Luis Obispo Municipal Code
(SLMC) Section 17.16.015 to prohibit the use of vehicles as living and sleeping quarters on local
streets; and
WHEREAS, the Court's ruling is based on the Court's misinterpretation of the City
Council's intent, despite the plain language of the Ordinance, and the erroneous assumption that
it historically has not been enforced on the public streets; and
WHEREAS, the plaintiffs in this case did not submit any admissible evidence that the
City had not enforced the Ordinance on the public streets; and
WHEREAS, it is the intent of the Council in adopting this Ordinance to declare and
reaffirm its intent regarding the meaning, application, and proper interpretation of its Ordinance,
to overrule any ruling to the contrary, and to enact a parallel provision in Title 9 of the Municipal
Code to avoid the fruitless expenditure of public resources debating the propriety of the
measure's inclusion in the City's Zoning Code;
WHEREAS, it is the intent of the Council to adopt this Ordinance as an emergency
measure pursuant to San Luis Obispo Charter Section 605 in order to prevent the establishment
and proliferation of unsafe and unsanitary residential uses within the City limits and to preserve
the City's immediate authority to regulate public conduct in the best interests of its citizenry.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council makes the following findings:
A. Article 11 section 7 of the California Constitution grants California cities broad powers
to enact laws to promote public welfare within their geographical boundaries except to
the extent the local law conflicts with state law.
B. The constitutional power of cities is as broad as that of the state itself.
C. As a charter city, the City of San Luis Obispo has even broader powers under Article 11,
section 5 of the California Constitution;
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D. The classification of ordinances enacted by a city council in any given city, into different
titles or chapters of its municipal code is left to the discretion of the individual city and is
not subject to any legally mandatory organization
E. Both public and private land may be regulated in a variety of different ways under
different titles and chapters of any given city's Municipal Code, and these practices vary
from one city to another.
F. Section 65803 of the California Government Code provides that Title 7. Division 1 and
Chapter 4 shall not apply to a charter city, except to the extent that the same may be
adopted by charter, or ordinance of the City.
G. The stated purpose of Title 17 of the San Luis Obispo Municipal Code as codified in
Section 17.02.020 is that the regulations are intended to guide the development of the city
in an orderly manner based on the adopted general plan, to protect and enhance the
quality of the natural and built environment, and to promote the public health, safety and
general welfare by regulating the use of land and buildings and the location and basic
form of structures.
H. Section 17.02.040 provides that in the Community Development Director shall interpret
any ambiguity of Title 17 of the San Luis Obispo Municipal Code.
1. San Luis Obispo Municipal Code Section 17.16.015 (Recreational vehicle as dwelling
unit) was added to the City's Municipal Code in 1995 by Ordinance Number 1277 (1995
Series), adopted by the City Council on March 21, 1995.
J. The plain language of Municipal Code Section 17.16.015 clearly and explicitly prohibits
the use of vehicles for living or sleeping quarters in all locations throughout the City,
except in narrowly specified areas expressly set forth in the Ordinance and in section
17.08.010, which section 17.16.015 expressly references.
K. Section 17.16.015 was amended by Ordinance Number 1484 (2005 Series) to clarify that
the use of all vehicles as living and sleeping quarters within the City is prohibited, except
as expressly exempted.
L. The Ordinance does not contain any exemption in its plain language that establishes the
public streets are a location where individuals lawfully may utilize vehicles as living or
sleeping quarters.
M. City records establish that for at least the past ten years, Section 17.16.015 has been
enforced on both public and private properties throughout the City, including on public
streets.
N. The codification of the Ordinance in the City's Zoning Code was and is reasonable and
logical because: 1) individuals seeking information about the City's regulation of
residential occupancies in the City reasonably could be expected to look for such
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Page 3
information in the Zoning Code; 2) the Ordinance's broadly worded ban of residential
occupancies of vehicles includes only two exemptions that are related to permissible uses
of properly zoned areas to accommodate such uses; references and information related to
those two narrowly exempted areas (designated trailer parks and private residences) are
found in the Zoning Code.
O. The codification of the Ordinance in the Zoning Code is a choice of practicality, common
sense, and ease of reference, similar to a library Dewey decimal system; the choice of
where an Ordinance is codified is not intended to impact or modify its content and, in this
case, shall not be interpreted to limit the application or enforcement of the Ordinance to
any particular location or property type, nor shall it be interpreted to exempt from the
Ordinance's prohibition any land, area, or location throughout the City, except as
expressly provided by the plain language of the Ordinance.
P. The Council, by the placement of Section 17.16.015 in the City's Zoning Code, does not
intend to create and did not create any limitation on or exemptions to the application of
Section 17.16.015 for any location in the City limits, other than those specifically set
forth in Section 17.16.015.
Q. To the extent that the ruling of the San Luis Obispo Superior Court, filed July 3, 2012 in
the case of SLO Homeless Alliance, et al v. City of San Luis Obispo, et al, CV 12 -0204,
preliminarily interprets Section 17.16.015 to be other than or contrary to the intent
expressed herein or on the face of the Ordinance, the Council finds that the Court has
misinterpreted this section and that Section 17.16.015 is intended to apply to all zones,
areas, locations, and lands throughout the City, whether public or private, including, but
not limited to public streets, except where Sections 17.16.015 and 17.08.010 expressly
provide otherwise, and the Court's preliminary ruling to the contrary is hereby expressly
overruled. This finding is declarative of existing law and longstanding administrative
construction of this Section in the City and is not intended to alter or amend the existing
application or enforcement of Section 17.16.015, as it existed prior to the issuance of the
Court's preliminary ruling in case Number CV 12 -0204. The findings in Section 1 of this
ordinance are intended to have retroactive effect.
R. Section 1.12.020 (Violations as misdemeanors or infractions) of the San Luis Obispo
Municipal Code provides:
The violation of any provision of this code, of any ordinance of the city, or of any code
adopted by reference in this code, by any person, is unlawful, and is punishable either by
fine as an infraction, or by fine or imprisonment, or both, as a misdemeanor. (Prior code §
1201).
S. The City's Community Development Director has primary responsibility for enforcement
of the City's Zoning Regulations and is the Department Head for the City's Building
Division, which includes the City's Code Enforcement Officers.
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Page 4
T. Code Enforcement Officers regularly work during traditional daytime business hours and
respond to the majority of property related code violation complaints, as resources allow;
Code Enforcement Officers are not regularly on duty during the hours between dusk and
dawn.
U. Most violations of Section 17.16.015 are likely to and do occur, and are most frequently
and objectively observable by a public officer during the hours between dusk and dawn
and during which no Code Enforcement Officers are regularly on duty in the City.
V. Public officers are authorized to enforce any portion of the City's municipal code.
W. By their nature, violations of Section 17.16.015 are not well suited to traditional Code
Enforcement protocols and practices for reasons that include, but are not limited to: the
inherent mobility of vehicles; the dusk to dawn hours during which most violations are
likely to occur; the number of violations and the capacity for quick proliferation;
dispersion of violators throughout the City; the ability quickly to relocate vehicles after
initial notice of violation and to continue the prohibited use of a vehicle for living and
sleeping in another location following notice; limited resources to track violators and
conduct follow -up compliance inspections; and the frequent lack of a fixed address
against which to pursue traditional code enforcement remedies.
X. The most obvious indicia of violations of Section 17.16.015 (including sleeping in, or
otherwise occupying vehicles as living quarters, as indicated by the observation of an
individual engaging in activities of daily living, including dining, bathing, dressing,
tending to personal hygiene needs, or continuously occupying a vehicle for prolonged
periods) most frequently occur during the late night and early morning hours, which are
traditional sleeping hours and hours during which individuals commonly occupy living
quarters and engage in related activities. Nothing herein is to be construed to prohibit the
enforcement of the Ordinance during daytime hours where conduct violating the
Ordinance's prohibitions has been observed.
Y. For the reasons stated herein, most violations of Section 17.16.015 are better suited to
immediate criminal enforcement by police officers on 24/7 shifts, than to more traditional
code enforcement; enforcement activities during the dusk to dawn hours is reasonable.
Z. The Community Development Director has acted reasonably, practically, and in
accordance with City ordinances in requesting the assistance and intervention of the
Police Department in enforcing Section 17.16.015.
AA. The coordination of resources between the Community Development Department
and the Police Department represents the most efficient use of public resources in this
context and is the most effective and expeditious manner in which to respond to public
complaints and mitigate adverse health and safety impacts associated with illegal
vehicular occupancies in a timely manner.
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Page 5
BB. Consistent with Section 1.12.020 and the authority of the Community
Development Director as found in the San Luis Obispo Municipal Code; SLMC Section
17.16.015 historically has been enforced, inter alia, primarily by means of criminal
infraction citations issued by the San Luis Obispo Police Department regularly since its
adoption; criminal infraction citations are similar to parking or minor traffic tickets and
penalties for such citations do not include jail time.
CC. In the City, criminal infraction citations are issued by the Police Department and
filed directly with the San Luis Obispo Superior Court; cited individuals are provided
with a date of "Notice to Appear" before a Court Commissioner and may choose to pay
an uncontested citation prior to the appearance date or to appear before the Court
Commissioner to contest the citation and request a dismissal of the citation, or a
reduction or other payment alternative of the associated fine amount.
DD. Historically, enforcement of Section 17.16.015 has been initiated primarily in
response to public complaints about, and /or officer observation of, conspicuous incidents
of individuals living and sleeping in their vehicles within the City and /or the adverse
related impacts on public health, safety, and welfare that are often associated with such
occupancies, especially where illegal occupancies proliferate or concentrate in a
particular geographic location within the City.
EE. Some of the adverse impacts in areas where vehicular occupancies have
proliferated or concentrated within the City, which have been reported to the City by
third parties or observed by City staff, include: littering, public urination, public
defecation, and /or intoxication, obstruction of vehicular or pedestrian passage on both
public 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.
FF. Due to restrictions on entry onto private property and limitations on the ability of
public officials to enter upon private property to conduct inspections and /or observe uses
of vehicles, alleged violations occurring on public property, including on public streets,
are the most conspicuous and susceptible to direct, immediate, and ongoing observation
and enforcement by public officials.
GG. The Police Chief has provided and Council has reviewed data from the records of
the San Luis Obispo Police Department going back ten years, to 2002, which
demonstrates that criminal citations have been issued to individuals living and sleeping in
vehicles on local streets, including along Prado Road and other roadways in commercial,
industrial, and residential neighborhoods, throughout the City. Prior to 2002, there is
little or no record of complaints regarding such violations or enforcement of the
Ordinance by citation.
HH. The Police Chief has provided and Council has reviewed data summarizing
enforcement of the City's Ordinance from January through June 2012. The Council finds
that the data provided by the Police Department reflects that Field Interview cards
Ordinance No. 1583 (2012 Series)
Page 6
(warning notices issued by police officers) were issued, in many cases, prior to the
issuance of citations in connection with recent enforcement efforts.
II. The Council expects that its police officers do and will continue to treat all
residents of San Luis Obispo fairly and professionally; this includes enforcing all City
laws to ensure the health, safety and welfare of the community and utilizing best
professional judgment ensure officer and resident safety when working in the uncertain
environments with which officers are often confronted, including making approaches to
obscured vehicular dwellings, with unknown occupants, in the late night hours.
JJ. The Council finds that the City's streets and other areas within the City not
expressly specified by Section 17.16.015 are ill- suited to support vehicular residential
occupancies, not only for the residents establishing such illegal uses, but also for the
public forced to bear the impacts because: the streets and other non - exempted areas
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 designed or equipped to
support such uses is unsafe and unsanitary; the proliferation of such 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 permitting requirements; public
urination and defecation. Moreover, establishment of residential uses in areas not
equipped to serve them creates conflicts between the improper residential use and
adjacent approved and supported uses and developments; establishment of residential
uses in areas not zoned and equipped for such uses is inconsistent with the City's General
Plan and goals and objectives for orderly development.
KK. Twenty -one policies in the City's General Plan are devoted to ensuring
compatible land uses and the enactment of Section 17.16.015 to prohibit living and
sleeping in vehicles provides an implementing measure to enforce illegal uses that are
incompatible with lawful and permitted uses.
LL. The City has embraced and supported the "10 -Year Plan to End Homelessness in
San Luis Obispo County" which includes policies, programs, and actions to assist the
transition of homeless persons into housing.
MM. Prior to the initiation of the legal action that resulted in the Court's July 3, 2012
ruling granting the preliminary injunction, City staff had undertaken consideration of a
proposal by the Community Action Partnership of San Luis Obispo (CAPSLO) to
establish a "safe parking" pilot program, whereby a limited number of homeless residents
would be permitted to utilize their vehicles as overnight living and sleeping quarters in
the parking lot of the Prado Day Center, subject to agreement to participate in case
management services designed to transition those individuals and /or families into
permanent housing and self - sufficiency. That program includes accesses to sanitation
facilities not otherwise available. The program proposal was subsequently recommended
for approval and approved by the Council.
Ordinance No. 1583 (2012 Series)
Page 7
NN. The "safe parking" pilot program is being evaluated and if successful, staff is to
recommend the continuance of the pilot program and municipal code changes to
authorize the expansion of the program to other compatible areas throughout the City at a
future date.
00. The Court's conclusion that the City's enforcement efforts represent "...a
concerted effort to force Plaintiffs to move somewhere else ", to "drive them out of town ",
or "...to intimidate Plaintiffs into leaving town all together ", is erroneous and
misapprehends the City's objectives to: respond to facially valid complaints of adverse
impacts related to illegal residential occupancies; hold all residents to facially valid,
nondiscriminatory standards of conduct, irrespective of class or status; and, concurrently,
to explore productive alternatives, through the considered and community - inclusive
process, to support homeless services and the transition of individuals and families in
need into permanent housing.
PP. The City's inability to enforce its prohibition against the use of vehicles as living
and sleeping quarters on public streets throughout the City undermines the foundations of
the pilot program undertaken by the City and CAPSLO and diminishes the efforts of
CAPSLO and the City to direct such uses to locations where such uses can be adequately
supported, to provide incentives to homeless services program participation, to consider
the expansion of the pilot program to other designated locations within the City, and to
consider resident and professional input as to other possible avenues by which to address
community needs.
QQ. The Council finds that, while the Court was mistaken when it preliminarily
attributed the placement of section 17.16.015 into Title 17 of the Municipal Code as
indicative of the City's Council's intent not to apply it to the public streets, despite the
plain language of the section's citywide prohibition, the Council finds it is necessary to
remove any possible confusion on the Court's part by enacting an identical and parallel
provision in Title 9 of the City's Code, which the Council has enacted solely to ensure
that the placement of the original prohibition in Title 17 would not be used as an obstacle
to the City's continued enforcement of residential occupancy regulations throughout the
City, including on public property and the public streets and not to create any new
substantive regulation.
SECTION 2. For the reasons set forth herein and in order to ensure clarity of
enforcement and the continued ability of the City to prohibit unsafe and unsanitary occupancies
contrary to the City's plans for orderly development, environmental protection, and human
health, safety and welfare, and to support and secure the positive progress of the "safe parking"
pilot program and subsequent consideration of the expansion of such programs for the support of
the homeless community in San Luis Obispo, Chapter 9.18 is hereby added to the San Luis
Obispo Municipal Code to read as follows:
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Page 8
9.18 VEHICLE AS DWELLING UNIT
Sections:
9.18.010 Vehicles as dwellings prohibited.
9.18.020 Violation — Penalty.
9.18.010 Vehicles as dwellings prohibited.
No recreational vehicle, camper shell, automobile or similar device shall be used for living or
sleeping quarters except in a lawfully operated mobile home park, travel trailer park, or
campground, except as provided in Section 17.08.010(C)(4) et seq.
9.18.020 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 of this code.
SECTION 3. Pursuant to San Luis Obispo Charter Section 605, based on the findings
set forth herein, and for the following additional reasons, the Council of the City of San Luis
Obispo hereby finds and declares that this Ordinance is necessary as an emergency measure, for
preserving the public peace, health and safety, and, as an emergency measure, shall be
introduced and adopted at once at the same meeting if passed by at least four (4) affirmative
votes:
A. On July 3, 2012, San Luis Obispo Superior Court Judge Charles Crandall issued a ruling
granting a preliminary injunction against the enforcement of the City's prohibition of the
use of vehicles as living and sleeping quarters on local public streets.
B. The Council finds that the Court's ruling is based upon a fundamental misapprehension
of the Council's intent as to the application and enforcement of its Ordinance.
C. The Council finds that the establishment of residential uses in vehicles on the public
streets with no mechanism for enforcement constitutes an imminent and immediate threat
to the public peace, health and safety because public streets are not equipped to support
residential occupancies for the reasons set forth in this Ordinance.
D. Jurisdictions throughout California have passed and enforced prohibitions against such
occupancies on public streets and the absence of an ordinance will likely encourage the
establishment of such occupancies on City streets.
E. The establishment of such occupancies on the public streets invites, facilitates and
encourages the maintenance of unsafe and unsanitary residential conditions within the
City.
F. The Council finds that the lack of reasonable enforcement mechanisms to prevent and
prohibit such unsafe and unsanitary occupancies is contrary to the public peace, health,
Ordinance No. 1583 (2012 Series)
Page 9
and safety and leaves the City, its residents, businesses and property owners without
recourse to address valid complaints about the adverse impacts of such occupancies in an
effective and expedient manner.
SECTION 4. This ordinance shall go into effect immediately upon its introduction and
adoption.
INTRODUCED AND ADOPTED on the 10th day of July 2012, by the Council of the
City of San Luis Obispo, on the following vote:
AYES: Council Members Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: Council Member Ashbaugh
ABSENT: None
ATTEST:
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney