NEW BUSINESS Agenda Item No. : 8b CC Mtg. : 7/12/2005

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1 NEW BUSINESS Agenda Item No. : 8b CC Mtg. : 7/12/2005 DATE : July 12, 2005 TO : FROM : Mayor and City Council Members Folsom Police Department SUBJECT : ORDINANCE NO AN ORDINANCE OF THE CITY OF FOLSOM REPEALING SECTION AND ADDING CHAPTER TO TITLE 9 OF THE FOLSOM MUNICIPAL CODE RELATING TO CAMPING (First Reading) BACKGROUNDASSUE The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to make use of these areas for their proper function. Such activity can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas and the general welfare of the city. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare. The purpose of this Chapter is to maintain streets, parks and other public and private property within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping associated with special events can be beneficial to the cultural and educational climate in the city. In order to accomplish the purpose of this ordinance it will be necessary to repeal existing Folsom Municipal Code Section relating to Recreational Vehicles. The repealed language is as follows : AZ6 j9er-sen shag park; stop er keave standing of#, reereatienal vehiek en a A. A

2 duping o G. P. parked, mere than 1 4 heur-s. (Ord 7-94 # 1 (paro, The issues contained in this repealed code are addressed in the proposed ordinance. POLICY / RULE Section 2.12 of the City's Charter provides the City Council the authority to enact ordinances designed to promote the public health, safety and welfare of the citizens of the city. This Chapter shall not be construed or interpreted as applicable to any act or acts prohibited or punishable by state law, but shall be limited to permitted subjects of local regulation not preempted by state law. ANALYSIS The Police Department and City Attorney's Office have collaborated to design a camping ordinance that recognizes the benefits of camping on the cultural and educational climate of the city, but also protects the general welfare of the residents of Folsom by establishing reasonable conditions on campers. Under the proposed ordinance all camping is prohibited, unless allowed under Section Under the proposed ordinance, camping is permitted in the City of Folsom in areas that are specifically set aside for public camping purposes ; permitted special events ; private residence rear or side yards surrounded by a fence ; in connection with sponsored city events such as Zoo or Aquatic Center programs ; or in a motor home, parked on public roadways or off-street driveways while a guest of a resident (not to exceed ten days in a thirty (30) day period for private property and seventy-two (72) hours for public property). The proposed ordinance also provides that any campsite, in violation of this ordinance, constitutes a public nuisance thus allowing for the abatement and removal of camp facilities and paraphernalia. ENVIRONMENTAL REVIEW This ordinance is exempt from CEQA pursuant to Title 14 Code of Regulations Section 15061(a)(3). FINANCIAL IMPACT

3 Minimal enforcement costs associated with the prosecution of violators, and the abatement, removal, storage and disposal of camping property by public officials. ATTACHMENTS Ordinance No An Ordinance of the City of Folsom adding Chapter to Title 9 of the Folsom Municipal Code Relating to Camping (First Reading). RECOMMENDATIONS / CITY COUNCIL ACTION Staff recommends that the Mayor and City Council introduce Ordinance No An Ordinance of the City of Folsom adding Chapter to Title 9 of the Folsom Municipal Code Relating to Camping (First Reading). Submitted, Sam L. Spiege,CHIEF O PO ICE

4 ORDINANCE NO AN ORDINANCE OF THE CITY OF FOLSOM REPEALING SECTION AND ADDING CHAPTER TO TITLE 9 OF THE FOLSOM MUNICIPAL CODE RELATING TO CAMPING The City Council of the City of Folsom hereby does ordain as follows : SECTION 1 PURPOSE The purpose of this ordinance is to repeal Section and add Chapter to Title 9 of the Folsom Municipal Code relating to camping. SECTION 2 INTENT Section is hereby repealed and Chapter is hereby added to the Folsom Municipal Code to read as follows : Purpose. The streets and public property within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to make use of these areas for their proper function. Such activity can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial property and the general welfare of the city. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare. The purpose of this Chapter is to maintain streets, parks and other public and private property within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping associated with special events can be beneficial to the cultural and educational climate in the city Definitions. A. "Camp" means to do any of the following : 1. To sleep any time between the hours of 9 :00 p.m. and 9:00 a.m. in any of the following places : (a) Outdoors with or without bedding, tent, hammock or other similar protection or equipment

5 (b) In or under any structure not intended for human habitation, whether with or without bedding, tent, hammock, or other similar protection or equipment. (c) In, on or under any parked vehicle, including an automobile, bus, truck, travel trailer or other recreational vehicle. B. C. "Setting up Campsite" means to, at any time, establish or maintain outdoors or in, on or under any structure not intended for human habitation, at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting up any bedding, including, but not limited to, a sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment with the intent to use that location for sleeping or habitation. "Camp Facilities" means structures, equipment or vehicles used for camping, including, but not limited to, tents, huts, temporary shelters, trailers or vehicles, if the vehicle is being used for habitation. D. "Camp Paraphernalia" means implements and equipment used while camping including, but not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, operational cooking facilities, and similar equipment. E. "Campsite" includes any location used for the purposes of camping. F. "Habitation" means the intentional use of a space as temporary or permanent living quarters. G. "Recreational Vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation, for recreational, emergency, or occupancy as defined in H&S H. "Store" means to put aside or accumulate for use when needed, to put for safekeeping or to place or leave in a location Unlawful camping. A. No person shall camp anywhere in the city of Folsom, whether on public or private property, except as hereinafter expressly permitted in Section of this Chapter. B. It shall be an affirmative defense under this Chapter for any person, without the purpose of habitation, to temporarily occupy and use a vehicle for emergency reasons such as escape from or avoidance of an abusive person(s), avoidance of driving a vehicle while under the influence of alcohol or drugs, even though the person may sleep during the period of that use. For purposes of this section, "temporarily occupy" means a duration of twelve (12) hours or less

6 C. Camping, although otherwise authorized under this Chapter, shall not be permitted when conducted in such a manner as to create noise, inadequate sanitation, or is conducted in a manner that poses a danger to the health, safety and general welfare of the surrounding property ; nor where the activity would be prohibited under any other provision of this code concerning the use of mobile homes or recreational vehicles Permitted camping. Camping is permitted in the City of Folsom only under the following circumstances : A. On public property specifically set aside and clearly marked for public camping purposes. B. In conjunction with events authorized and expressly provided for in a special event permit issued by the City of Folsom. To ensure fair and consistent application of this section, the City Manager or designee may promulgate guidelines defining the criteria for permit issuance contained in this section. C. In motor homes or travel trailers designed and equipped for habitation while on designated areas on public or private property in conjunction with community or sporting events in which one or more of the occupants is a participant in or organizer of the event. Camping in connection with a community or sporting event shall not exceed three (3) consecutive nights and only in areas identified by the City Manager or his/her designee. The City Manager may promulgate guidelines for designated parking areas for such events. D. In the rear or side yard of a residence with the consent of the owner or occupant of the residence. Camping in the rear or side yard is only permitted if the campsite is separated from the street by a fence, hedge or other permanent obstruction. E. Inside a licensed and registered vehicle or travel trailer designed and equipped for habitation while in a residential off-street driveway with consent of the owner and occupant of the residence. No more than one (1) vehicle shall be permitted at any one location and no portion of a public right of way or sidewalk shall be obstructed. No residential driveway shall be used for camping under this subsection for more than ten (10) days during any thirty (30) day period. F. Inside a licensed and registered vehicle or travel trailer designed and equipped for habitation while on a public residential street and as guests of owners or occupants of a residence within one hundred (100) feet of the location where the vehicle or travel trailer is parked. No vehicle or travel trailer shall be used for camping under this subsection for more than seventy-two (72) hours in accordance with California Vehicle Code 22651(k)

7 G. Overnight camping in connection with city sponsored programs Storage of personal property in public places. It shall be unlawful for any person to store or leave unattended camp facilities or camp paraphernalia on public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this Chapter Public nuisance declared. Any campsite established in the city in violation of this Chapter is declared to be a public nuisance, and the Chief of Police is authorized to abate the nuisance and remove camp facilities and camp paraphernalia as authorized by law Applications of Covenants, Conventions and Restrictions (CCR's) Nothing in this ordinance is intended to preempt CCR's that are more restrictive than the provisions of this ordinance Penalty. A. Any person who violates any provision in this Chapter is guilty of an infraction, punishable by a one hundred dollar ($100) fine. B. Any person cited for a second violation of the same section within a twelve (12) month period is guilty of an infraction, punishable by a two hundred dollar ($200) fine. C. Any person found in violation of any section of this Chapter for the third time within a twelve (12) month period is guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500), or imprisonment not to exceed six (6) months. D. This Chapter may also be enforced as an administrative violation under Folsom Municipal Code Chapter 1.09 and other civil remedies as authorized by law. Violations of this Chapter shall be a Level A violation with a minimal initial monetary sanction of one hundred dollars ($100.00). SECTION 3 SCOPE Except as set forth in this ordinance, all other provisions of Title 9 remain in full force and effect

8 SECTION 4 SEVERABILITY If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5 EFFECTIVE DATE This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City. This ordinance was introduced and the title thereof read at the regular meeting of the City Council on July 12, 2005 and the second reading occurred at the regular meeting of the City Council on, On a motion by Council Member, seconded by Council Member, the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this day of, 2005, by the following vote, to wit : AYES : Council Members : NOES : Council Members : ABSENT : Council Members : ABSTAIN: Council Members : Stephen E. Miklos, MAYOR ATTEST : Christa Schmidt, CITY CLERK