CC SR 20211116 F - Ordinance 654 Prohibit Camping 2nd Reading
CITY COUNCIL MEETING DATE: 11/16/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt Ordinance No. 654, repealing and replacing
Chapter 12.16.140 of the Rancho Palos Verdes Municipal Code to prohibit camping in
certain public places.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. 654, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING SECTION 12.16.140 (OVERNIGHT
CAMPING WITHIN THE PALOS VERDES NATURE PRESERVE PROHIBITED)
OF CHAPTER 12.16 (STREETS, PARKS, AND RECREATIONAL FACILITIES)
OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PLACES) WITH SECTION
12.16.140 (PROHIBITION OF CAMPING AND STORAGE OF PERSONAL
PROPERTY IN PUBLIC PLACES) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE PROHIBITING CAMPING IN CERTAIN PUBLIC PLACES.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Ordinance No. 654 repealing and replacing Section 12.16.140 of the City’s
Municipal Code (page A-1)
B. November 2, 2021, Staff Report
BACKGROUND AND DISCUSSION:
On November 2, 2021, Ordinance No. 654 (Attachment A) was introduced by the City
Council repealing and replacing Section 12.16.140 of the City of Rancho Palos Verdes
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Municipal Code (RPVMC). Section 12.16.140 currently prohibits camping in the Palos
Verdes Nature Preserve. Ordinance No. 654 as introduced would:
• Prohibit camping and storage of private property in public places if there is shelter
available as defined in Martin v. City of Boise.
• If shelter is not available, it establishes camping parameters where camping is
prohibited in certain named areas in the City, such as parks and City facilities, and
defines certain times when camping is prohibited in the Very High Fire Hazard
Severity Zone (VHFHSZ).
• Exceptions can be made to the camping prohibition during a declared emergency
such as earthquake or fire or with a City-approved permit.
Additional information on the resources and referral networks available for unhoused
persons is detailed in the Staff Report presented at the November 2 nd meeting
(Attachment B).
Recognizing the developing parameters of the law, Ordinance No. 654 represents an
appropriate balance between the City’s need to protect the public health, safety, and
welfare of the community at large and the Ninth Circuit’s (Martin v. City of Boise)
prohibition on criminalizing being homeless. Thus, this evening, Ordinance No. 654 is
presented for second reading and adoption. If adopted, the ordinance will go into effect
on December 16, 2021.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 654 for re-introduction at a future City Council
meeting.
2. Take other action, as deemed appropriate.
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Ordinance No. 654
Page 1 of 6
ORDINANCE NO. 654
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING AND REPLACING SECTION
12.16.140 (OVERNIGHT CAMPING WITHIN THE PALOS
VERDES NATURE PRESERVE PROHIBITED) OF
CHAPTER 12.16 (STREETS, PARKS, AND
RECREATIONAL FACILITIES) OF TITLE 12 (STREETS,
SIDEWALKS AND PUBLIC PLACES) WITH SECTION
12.16.140 (PROHIBITION OF CAMPING AND STORAGE
OF PERSONAL PROPERTY IN PUBLIC PLACES) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE
PROHIBITING CAMPING IN CERTAIN PUBLIC PLACES
WHEREAS, the City of Rancho Palos Verdes (“City”) encourages the use of open
space and recreational facilities within the City by all members of the community; and
WHEREAS, unauthorized camping within City limits creates unsanitary, unhealthy,
disorderly, and dangerous conditions that may affect both the campers and the general
public; and
WHEREAS, unauthorized camping within City limits tends to degrade or even
destroy the property upon which the camping occurs, particularly in situations where an
encampment occurs, and may become large and ongoing; and
WHEREAS, unauthorized camping within the City limits detracts from the use of
the property for its intended purposes; and
WHEREAS, the Los Angeles County Board of Supervisors prohibited homeless
encampments in unincorporated County designated Very High Fire Hazard Severity
Zones to prevent occurrences of fire and loss of life; and
WHEREAS, most of the City of Rancho Palos Verdes is designated as a Very High
Fire Hazard Severity Zones; and
WHEREAS the City has the authority to regulate to ensure the public’s health,
safety, and general welfare, and desires to regulate camping within the City; and
WHEREAS, a Ninth Circuit Court of Appeals decision, Martin v. City of Boise
(2019), prohibits criminal prosecution for sleeping outside when shelter is unavailable;
and
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Ordinance No. 654
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WHEREAS, the ruling in Martin v. City of Boise does not apply to individuals who
have reasonable access to temporary shelter, whether because they have the means to
pay for it or because it is realistically available to them for free; and
WHEREAS, the Ninth Circuit expressed that even where shelter is unavailable, an
ordinance prohibiting sitting, lying or sleeping outside at particular times or in particu lar
locations may be allowed under the U.S. Constitution; and
WHEREAS, the City intends to act in accordance with the Martin v. City of Boise
decision; and
WHEREAS, the City finds that prohibiting unauthorized camping in the City of
Rancho Palos Verdes will best serve the public’s health, safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1: The foregoing recitals are true and correct, and the City Council finds
the same to be material to the adoption of this ordinance and incorporates them herein
by reference.
Section 2: Section 12.16.140 (Overnight camping within the Palos Verdes
Nature Preserve prohibited) of Chapter 12.16 (Streets, Parks, and Recreational Facilities)
of Title 12 (Streets, Sidewalks and Public Places) of the Rancho Palos Verdes Municipal
Code is hereby repealed and replaced to read (repealed text in strikethrough and added
text in bold italics):
12.16.140 - Overnight camping within the Palos Verdes Nature Preserve
prohibited.
No person shall camp within the Palos Verdes Nature Preserve. For the purposes
of this section, "camp" shall mean to remain on site overnight, whether entirely out
of doors or utilizing an enclosed or semi-enclosed temporary accommodation,
including but not limited to, a tent, tarp, canopy, trailer, recreational vehicle,
passenger car or truck.
12.16.140 – Prohibition of Camping and Storage of Personal Property in
Public Places
A. Purpose. This Section is intended to protect the public health, welfare
and safety by reserving open spaces and facilities within the City
limits for their intended purposes. Public property within the City
should be readily accessible and available to residents and the public
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Ordinance No. 654
Page 3 of 6
at large. The use of these areas for unauthorized camping (sleeping)
purposes or storage of personal property in public places interferes
with the rights of others to use the areas for their intended purposes
and is deleterious to the public peace, health, safety and welfare and
can cause damage to public property. This Section is intended to
avoid unsafe and potentially disorderly conditions, unsanitary and
unhealthful conditions, and the degradation or destruction of public
places within the City.
B. It shall be unlawful for any person to camp or use camp paraphernalia
used in any public place, except as otherwise provided herein or
mandated by applicable law.
C. It shall be unlawful for any person to store personal property,
including camp paraphernalia, in any public place within the City, such
that property is left unattended for any length of time, except as
otherwise provided herein or mandated by applicable law.
D. The provisions in the Section shall not apply to any individual
camping by necessity, including, for example, those instances in
which every shelter in the local area is at capacity. If the individual is
camping by necessity, the following criteria for safe camping shall
apply:
1. At no time shall any person obstruct access to a street,
sidewalk, park playground, public utility, public property, or
other public right-of-way open for pedestrian travel or
governmental use by sitting, lying or sleeping, or by using,
maintaining or placing personal property in a manner that does
not allow for passage as required by the Americans with
Disabilities Act of 1990, as amended from time to time, or within
ten (10) feet of any operational or utilizable entrance, exit,
driveway, or loading dock, or by creating any barrier with string,
wire, rope or chain or other attachments or appurtenances upon
City owned trees, light poles, fences, equipment, or other public
facilities.
2. The use of public utilities not designated for public use is
prohibited.
3. Camping is prohibited in the following areas:
i. Palos Verdes Nature Preserve,
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Ordinance No. 654
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ii. City parks, including playgrounds, picnic areas, tables,
bleachers, and benches,
iii. Beaches,
iv. Interior spaces of City facilities outside of posted hours
of operation, City-authorized events, or any City facilities
not open to the public, and
v. Landscaped Areas.
4. Camping is prohibited in the City designated Very High Fire
Hazard Severity Zones (VHFHSZ) at all times. Individuals
needing an immediate place to rest between the hours of 10:00
p.m. and 4:30 a.m. may be directed to the safest suitable
location by law enforcement personnel so long as all other safe
camping criteria are met.
E. The provisions of this Section shall not apply in the event of an
emergency, including a City declared emergency or natural disaster,
such as fire or earthquake, nor to any persons participating in
organized and supervised recreational activities in parks within the
City, as approved by the City’s Director of Recreation and Parks or the
City Manager.
F. Definitions. The terms used in this Municipal Code shall be defined as
follows:
“Camp” shall mean to remain on site for sleeping purposes, whether entirely
out of doors or utilizing an enclosed or semi enclosed temporary
accommodation or camp paraphernalia, including but not limited to, a tent,
tarp, canopy, trailer, recreational vehicle, passenger car or truck.
“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, hammocks, or non-City designated cooking or heating
facilities and similar equipment.
“Landscaped area” shall mean any manicured or natural ground covered
areas including but not limited to flower beds, bushes, brush area s, or
shrubs.
“Public place” shall mean public property, whether improved or unimproved,
and includes but is not limited to publicly-owned parking lots, driveways,
open space, parks, streets, rights of way, alleys, trails, sidewalks, paths, and
walkways.
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Ordinance No. 654
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“Very High Fire Hazard Severity Zone” shall mean mapped area as defined
by the Office of State Fire Marshal that designates zones based on factors
such as fuel, slope and fire weather with varying degrees of fire hazard (i.e.,
moderate, high and very high).
Section 3: The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act (CEQA) because: (1) it does not
constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes
general policy and procedure making; (2) it does not constitute a “project” under CEQA
Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change
to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from
CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result
in direct or reasonably foreseeable indirect physical change in the environment, and
Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment, because the Ordinance
merely regulates camping and storage of personal property in public places.
Section 4: Severability. The City Council hereby declares, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or
declared invalid, unconstitutional or unenforceable by any final action in a court of
competent jurisdiction or by reason of any preemptive legislation, the City Council would
have independently adopted the remaining provisions, sections, subsections,
paragraphs, sentences, phrases or words of this ordinance and as such they shall remain
in full force and effect.
Section 5: Effectiveness of Ordinance. This Ordinance shall take effect 30 days
after its adoption.
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Ordinance No. 654
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PASSED, APPROVED AND ADOPTED THE 16TH DAY OF NOVEMBER, 2021.
___________________________
Eric Alegria, Mayor
ATTEST:
___________________________
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 654 passed first reading on November 2, 2021, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on November
16, 2021, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Teresa Takaoka, City Clerk
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