HomeMy WebLinkAbout17-12 CC Ordinance ORDINANCE NO. 17-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA MODIFYING THE TEMECULA MUNICIPAL
CODE TO REGULATE AND PROHIBIT CERTAIN
CONDUCT AND CONDITIONS TO PROTECT HEALTH
AND SAFETY BY AMENDING SECTION 9.65.060 TO
PROHIBIT SOLICITATIONS IN RESTROOMS OPEN TO
PUBLIC, ADDING CHAPTER 9.70 PROHIBITING CERTAIN
CONDUCT ON PUBLIC PROPERTY, INCLUDING
CAMPING, HINDERING OR OBSTRUCTING FREE
PASSAGE, BODILY FUNCTIONS, WALK, STAND OR LIE
ON PUBLIC BENCHES OR BE ON CERTAIN PUBLIC
FIXTURES, PROHIBITING DWELLING IN VEHICLES ON
CITY STREETS AND PUBLIC PROPERTY, AND
REGULATING FOOD DISTRIBUTION ON PUBLIC PARKS
AND PUBLIC PROPERTY, ADDING CHAPTER 9.75
PROHIBITING THE STORAGE OF PERSONAL PROPERTY
ON PUBLIC PROPERTY AND PROVIDING FOR THE
REMOVAL OF SUCH PROPERTY; REPEALING CHAPTER
9.02 AND SECTION 10.08.080 AS THESE ARE INCLUDED
IN .THE NEW PROVISIONS; AND FINDING THAT THIS
ORDINANCE IS EXEMPT FROM CEQA PURSUANT TO
SECTION 15060 OF THE CEQA GUIDELINES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The title of Chapter 9.65 and Section 9.65.060 of the Temecula
Municipal Code is hereby amended to read as follows:
"Chapter 9.65 PROHIBITION AGAINST CERTAIN FORMS OF
SOLICITATION AND LINGERING AND LOITERING ON
MEDIANS"
"9.65.060 All solicitations prohibited at specified locations.
A. Financial Institutions and Automated Teller Machines (ATMs). No person
shall solicit within twenty-five feet of any entrance or exit of any financial institution
during its business hours or within twenty-five feet of any automated teller machine
during the time it is available for customers' use. When an automated teller
machine is located within an automated teller machine facility, such distance shall
be measured from the entrance or exit of the automated teller machine facility. No
person shall solicit within an automated teller machine facility where a reasonable
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person would or should know that he or she does not have the permission to do
so from the owner or other person lawfully in possession of such facility.
Ords 17-12 1
B. Parking Lots. No person shall solicit in any public parking lot or structure
any time after dark.
C. Public Transportation Vehicles and Stops. No person shall solicit in any
public transportation vehicle or within fifty feet of any designated or posted public
transportation vehicle stop.
D. Gasoline Stations and Fuel Pumps. No person shall solicit from an operator
or occupant of a motor vehicle while such vehicle is stopped in a gasoline station
or at a fuel pump.
E. Driveways Accessing Shopping Center, Retail and Business
Establishments. No person shall solicit from an operator or occupant traveling in a
motor vehicle while such vehicle is located within twenty-five feet of a driveway
providing vehicular access to a shopping center, retail or business establishment.
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F. Medians.
1. No person shall linger on a median.
2. No person shall loiter on a median.
3. No person shall solicit upon any median.
G. Dining Establishments. No person shall solicit in any outdoor dining area of
any restaurant or other dining establishment serving food for immediate
consumption.
H. No person shall solicit in any restroom open to the public.
Section 2. Chapter 9.70, Prohibtion Against Certain Conduct on Public Property
and Property Open to the Public, is hereby added to the Temecula Municipal Code to
read as follows:
"Chapter 9.70 Prohibtion Against Certain Conduct on Public Property and
Property Open to the Public
9.70.010. Purpose.
9.70.020. Definitions.
9.70.030. Unlawful Camping.
9.70.040. Camp Permit Regulations.
9.70.050. Free Passage Shall Not be Hindered or Obstructed.
9.70.060. Prohibited Conduct on Public Property, Monuments, and
Lawns.
9.70.070. Public Urination and Defecation Prohibited.
9.70.080. Prohibited Conduct on Private Property.
Ords 17-12 2
9.70.090. Food Distribution at Public Parks and Public Property.
9.70.100. Use of Vehicles for Dwelling Restricted on City Streets
and Public Property
9.70.110. Penalty; Enforcement
9.70.010. Purpose.
The public areas within theCity, including streets, sidewalks, parks, public
building and public land, should be readily accessible and available to residents
and the public at large for use in a safe and healthy manner. The use of these
areas for overnight camping purposes and the use of those areas for the purposes
of certain well defined types of loitering interferes with the ability of residents and
the public at large to use the areas in the healthy and safe manner for the uses
intended. Such camping and defined loitering activity and their attendant negative
effects constitute a significant public health and safety hazard, which adversely
impacts other members of the public and neighborhoods, as well as industrial,
agricultural, and commercial areas. The City's streets, sidewalks, parking lots,
parks and other public areas are intended for daytime use by the general public,
not for storage of personal, stolen, or abandoned property, or for overnight
occupancy. Detrimental impacts from illegal storage, dumping, or camping in
these public areas which are not designed for such storage or human habitation
include lack of proper water and sanitary facilities, safety hazards for visitors and
the inhabitants of substandard temporary structures, presence of trash and debris,
criminal activities including illegal drug use, and other conditions which are
inconsistent with the intended use and enjoyment of these areas by the general
public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts
and other personal property around the City results in the obstruction of free
access to sidewalks, streets, parking lots, and other ways; interferes with
pedestrian and vehicular traffic on public and private streets; and impedes
emergency services. A purpose of this chapter is to maintain public and private
lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds,
recreation areas, plazas, open spaces, lots, parcels and other public and private
areas within theCity, in a clean, sanitary and accessible condition. A further
purpose of this chapter is to protect the health, safety and welfare of the
community, while recognizing that, subject to reasonable conditions, camping and
camping facilities associated with certain events can be beneficial to the cultural
and educational well-being of theCity. Nothing in this chapter is intended to
interfere with otherwise lawful and ordinary uses of public or private property.
9.70.020. Definitions.
As used in this chapter, the following terms shall have the following
meanings:
Ords 17-12 3
"Business Establishments" mean retail stores, food markets, theaters,
restaurants, drive-in restaurants, gasoline service stations, bars, hotels, motels, or
any other establishment which is open to and provides the public with any goods
or services.
"Camp" means to place, pitch or occupy camp facilities; to live temporarily
in a camp facility or outdoors; to use camp paraphernalia.
"Camp Facilities" mean all temporary shelters, including but not limited to,
tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters.
"Camp Paraphernalia" means items including, but not limited to, bedrolls,
air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar
equipment.
"Community Development Director" means the community development
director or designee.
"Dwelling" means more than one of the following activities and when it
reasonably appears, in light of all the circumstances, that a person is using a
vehicle as a place of residence or accommodation: (1) Possessing inside or on a
vehicle items that are not associated with ordinary vehicle use, such as a sleeping
bag, tarps, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking
equipment, containers of bodily fluids; or (2) obscuring some or all of the vehicle's
windows; or preparing or cooking meals inside or on a vehicle; or sleeping inside
a vehicle.
"Establish" means to set up or move equipment, supplies or materials on to
public or private property to camp or operate camp facilities.
"Maintain" means to keep or permit equipment, supplies or materials to
remain on public or private property in order to camp or operate camp facilities.
"Operate" means to participate or assist in establishing or maintaining a
camp or camp facility.
"Street" means all streets, avenues, highways, lanes, alleys, ways,
crossings or intersections, co-routes and cul-de-sacs.
"Outstanding Citation" means a citation issued pursuant to section 9.02.030
of this chapter that is not paid or that is under appeal.
"Private Property" means all private property including, but not limited to,
streets, sidewalks, alleys, and improved or unimproved land.
Ords 17-12 4
"Public Property" means any real or personal property owned or controlled
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by the City and includes, but is not limited to, any publicly-owned park, building,
street, sidewalk, way, path, alley, park, parking lot or other public property owned
or controlled by the City and located within the City of Temecula and such other
publicly owned property for which the City is authorized by contract or permit to
maintain.
9.70.030. Unlawful Camping
It is unlawful and a public nuisance for any person to camp, establish,
maintain, operate or occupy camping facilities, or use camp paraphernalia in the
following areas:
A. Any public property, improved or unimproved, including but not
limited to public streets and sidewalks, open space, and other property or any
private property, improved or unimproved.
B. The prohibition set forth in this section does not apply to:
1. Mobile home parks and special occupancy parks operating in
accordance with the Temecula Municipal Code;
2. Camping on public or private property pursuant to a permit
issued under Temecula Municipal Code section 9.70.040; and
3. Day use for lawful activities on public property pursuant to a
permit issued under Temecula Municipal Code section 9.70.040.
9.70.040. Camp Permit Regulations.
A. The City Manager may promulgate regulations to establish a
program pursuant to which a permit may be issued to establish, maintain and
operate a camp or a camp facility, for overnight or day use, in connection with a
special event. A special event is intended to include, but is not limited to, programs
operated by departments of the City, events organized by nonprofit or community-
based organizations, organized youth or school events, and sporting events. The
• regulations shall be published on the City's website. Regulations promulgated by
the City Manager shall have the same force and effect of law and become effective
upon date of publication.
B. It is unlawful for any person to establish, maintain, conduct or carry
on any camp or camp facility unless a permit pursuant to this section has been
issued. The permit shall be at all times posted in a conspicuous place upon the
area or tract of land upon which the camp or camp facility is located.
Ords 17-12 5
9.70.050. Free Passage Shall Not be Hindered or Obstructed.
A. No person or persons shall stand, sit, linger, idle, or loiter on any
street, alley, sidewalk, park or other public place, or in or about the entrance or exit
of any business establishment or public building, either on foot or in an automobile
or other vehicle, in such a manner as to obstruct or hinder the free passage of
persons along such public way, or obstruct or hinder persons entering and exiting
from any business establishment or public building, or in such a manner as to
create a health or safety hazard for the community or for the patrons of such public
place.
B. No person in violation of this prohibition shall refuse or fail to disperse
or move on when directed to do so by a police officer or City employee.
9.70.060. Prohibited Conduct on Public Property, Monuments, and
Lawns.
No person shall:
A. Walk, stand, sit, or lie upon any monument, vase, decorative
fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-
tree planter, berm, utility cabinet, railing, fence, planter, stairwell, parking lot or
parking structure, or upon any other public property not designed or customarily
used for such purposes;
B. Walk, stand, sit, or lie upon any public lawn or planted area that is
posted with signs that forbid such conduct; or
C. Walk, stand, or lie upon any public bench.
9.70.070. Public Urination and Defecation Prohibited.
No person shall urinate or defecate on private property in any area exposed
to the public view, or on any public street, roadway, boulevard, alley, parking lot,
sidewalk, or any other property owned, controlled and/or operated by the City,
County or any public agency, except when using a urinal, toilet, or commode
located in a bathroom, restroom, or other structure specifically designated for the
purpose of urination and defecation.
9.70.080. Prohibited Conduct on Private Property.
The City Council finds and determines that encampments located on private
property have at least the same health, safety, and welfare concerns as
encampments on public property and find the same to constitute a public nuisance.
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The City Manager is authorized to promulgate all regulations necessary to provide
for City clean-up and removal of encampments located on private property and for
Ords 17-12 6
the recovery of all costs and expenses associated therewith consistent with the
provisions of the Temecula Municipal Code and applicable law. The regulations
shall be published on the City's website. Regulations promulgated by the City
Manager shall have the same force and effect of law and become effective upon
date of publication.
9.70.090 Food Distribution at Public Parks and Public Property.
A. Persons and groups who wish to routinely distribute free meals and
other food to needy people in the City are encouraged to participate in programs
which provide meals indoors in conjunction with other services intended to help
needy people find housing and jobs. Information on how to participate in such
programs may be obtained from the Department of Community Services.
B. Any person or group that serves or distributes food to the public in
City parks or on public property shall comply with the following regulations:
1. All applicable State and Riverside County health and safety
standards regulating food service and distribution, including, but not limited
to, the requirements of obtaining and displaying a valid permit from the
Riverside County Department of Environmental Services, or its succesor
agency, for distributing food at a location approved by the City;
2. All applicable requirements of the Temecula Municipal Code
regarding the issuance of a vending permit, temporary use permit, or event
permit; and
3. All applicable requirements of the Temecula Municipal Code
regaring protection of park facilities and foliage and clean-up of parks and
public areas.
C. No person shall distribute or serve food to the public on a public
street or sidewalk without issuance of a City vending permit, temporary use permit,
or event permit. However, no permit or license shall be required for a
noncommercial food distribution that does not hinder or interfere with the free use
of the sidewalk or street by pedestrian or vehicular traffic.
9.70.100. Use of Vehicles for Dwelling Restricted on City Streets
and Public Property.
A. No person shall use a parked Vehicle for Dwelling as follows:
1. Between the hours of 9:00 P.M. and 6:00 A.M. on any street
or public property in the City; or
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Ords 17-12 7
2. At any time within a five hundred (500)foot radius of any edge
of a parcel or group of parcels containing a park or public or private school
for children in grades between kindergarten and twelfth (12th) grade or a
licensed pre-school or daycare facility.
B. Nothing herein precludes the enforcement of any other laws such as
parking restrictions, including, but not limited to, prohibitions on overnight parking,
storage of vehicles, littering, illegal discharge or dumping of materials, and parking
for more than 72 hours.
C. The City Manager may, in writing, suspend the enforcement of all or
a portion of this section in designated locations in connection with special events
or holidays.
D. The Director of Public Works shall post signs at the entrances to the
City describing such restrictions.
9.70.110 Penalty; Enforcement
A. Misdemeanor. Any person who violates any provision of this chapter
shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title
1 of the Temecula Municipal Code. The violation may be charged as an infraction
with the consent of the City Attorney.
B. Administrative Citations. Any person who violates any provision of
this chapter shall be guilty of violating the Temecula Municipal Code and may be
issued an administrative citation and be subject to the applicable punishments
pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code.
C. Other Remedies. Nothing in this chapter shall limit or preclude the
enforcement of any other applicable laws or remedies available for violations of
this chapter, including, but not limited to, the enforcement provisions of Title 1 or
Chapter 8.12 of the Temecula Municipal Code."
Section 3. Chapter 9.75 Storage of Personal Property on Public Property of the
Temecula Municipal Code is hereby added to read as follows:
"Chapter 9.75 Storage of Personal Property on Public Property.
9.75.010. Purpose.
9.75.020 Definitions.
9.75.030. Prohibition on the storage of personal property on Public
Property.
9.75.040. Prohibition on attachments.
9.75.050. Removal of stored personal property; discarding of
stored personal property.
Ords 17-12 8
9.75.060. Pre-removal notice.
9.75.070.
9.75.080. Failure to remove attended personal property.
Storage and disposal.
9.75.090. Repossession.
9.75.100. Illegal dumping.
9.75.110. Limitation on applicability.
9.75.120. Establishment of Administrative Procedure by City
Manager.
9.75.130. Penalty; Enforcement.
9.75.010. Purpose.
The public areas within the City, including streets, sidewalks, parks, public
building and public land, should be readily accessible and available to residents
and the public at large for use in a safe and healthy manner. The use of these
areas for storage of personal property interferes with the ability of residents and
the public at large to use the areas in the healthy and safe manner for the uses
intended. Such storage of personal property and its attendant negative effects
constitute a significant public health and safety hazard, which adversely impacts
other members of the public and neighborhoods, as well as industrial, agricultural,
and commercial areas. The City's streets, sidewalks, parking lots, parks and other
public areas are intended for daytime use by the general public, not for storage of
personal, stolen, or abandoned property, or for overnight occupancy. Detrimental
impacts from illegal storage, dumping, or camping in these public areas which are
not designed for such storage or human habitation include lack of proper water
and sanitary facilities, safety hazards for visitors and the inhabitants of
substandard temporary structures, presence of trash and debris, criminal activities
including illegal drug use, and other conditions which are inconsistent with the
intended use and enjoyment of these areas by the general public. Moreover, the
proliferation of lost, abandoned, or stolen shopping carts around the City results in
the obstruction of free access to sidewalks, streets, parking lots, and other ways;
interferes with pedestrian and vehicular traffic on public and private streets; and
impedes emergency services. A purpose of this chapter is to maintain public and
private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks,
playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public
and private areas within the City, in a clean, sanitary and accessible condition.
Nothing in this chapter is intended to interfere with otherwise lawful and ordinary
uses of public or private property.
9.75.020. Definitions.
As used in this chapter, the following terms shall have the following
meanings:
1
Ords 17-12 9
"Administrative Procedure" means the City's Administrative Procedure for
the Removal of Personal Property approved by the City Manager as established
pursuant to Section 9.75.120.
"Bulky item" means any personal property that is too large to be handled by
normal collection, processing or disposal methods which means personal property
that is too large to be placed in a garbage receptacle with a 96-gallon capacity.
"Notice to Remove Personal Property" means the form of notice provided
in the Administrative Procedure.
"Person" means any individual, group, business, company, corporation,
joint venture, partnership or other entity or association composed of two or more
individuals.
"Personal property" means any and all tangible property, and includes, but
is not
limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping
bags, hammocks, and personal items such as luggage, backpacks, clothing,
documents, medication, and household items.
"Public property" means any real or personal property owned or controlled
by theCity and includes, but is not limited to, any publicly owned park, building,
street, sidewalk, way, path, alley, park, parking lot or other public property owned
or controlled by the city and located within theCity of Temecula and such other
publicly owned property for which the City is authorized by contract or permit to
maintain.
"Store," "Stored," "Storage" or "Storing" means to put aside or accumulate
for use when needed, to put for safekeeping, to place or leave in a location.
"Tent" means any tent, as that term is generally understood, and also
includes any tarpaulin, cover, structure or shelter, made of any material which is
not open on all sides and which hinders an unobstructed view behind or into the
area surrounded by the tarpaulins, cover, structure or shelter.
9.75.030. Prohibition on the Storage of Personal Property on Public
Property.
Except as may otherwise be expressly permitted by the Temecula Municipal
Code, no person shall store any personal property on public property.
9.75.040. Prohibition on Attachments.
Except as may otherwise be expressly permitted by the Temecula City
Code, no person shall erect any barrier against or join any wires, ropes, chains or
Ords 17-12 10
otherwise attach any personal property to any public property including any trees
or plants including, but not limited to, a building or a portion thereof, playground
equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the
City's prior written consent.
9.75.050. Removal of Stored Personal Property; Discarding of
Stored Personal Property.
In the event personal property placed on public property poses an
immediate threat to the health or safety of the public, including, without limitation,
a threat arising? from the personal property containing biological materials,
hazardous substances, or hazardous waste, the City may remove and discard it
without prior notice.
9.75.060. Pre-Removal Notice.
In the event City employees or agents determine that property is being
stored on public property, notice of the City's removal of personal property shall be
provided as set forth in the Administrative Procedure.
9.75.070. Failure to Remove Attended Personal Property.
No person shall fail to remove personal property stored on public property
by the date of scheduled remoxal provided on the written notice posted in
accordance with the Administrative Procedure.
9.75.080. Storage and Disposal.
Personal property which is not removed by the date of scheduled removal
set forth on the notice posted pursuant to this chapter may be removed and stored
or disposed of in accordance with the Administrative Procedure.
9.75.090. Repossession.
As set forth in the Administrative Procedure, the owner or other person
entitled to possession of personal property removed and stored by the City may
repossess the personal property prior to its disposal. Personal property not claimed
within the time period set forth in the Administrative Procedure is deemed
abandoned.
9.75.100. Illegal Dumping.
Nothing in this chapter precludes the enforcement of any law, ordinance or
regulation of any governmental entity relating to illegal dumping or deposit of
hazardous substances.
Ords 17-12 11
9.75.110. Limitation on Applicability.
This chapter is not intended to violate and shall not be applied or enforced
in a manner that violates the United States or California Constitutions and
applicable state or federal statutes.
9.75.120. Establishment of Administrative Procedure by City
Manager
The City Manager is hereby authorized and directed to establish the
Administrative Procedure for the Removal of Personal Property ("Administrative
Procedure"). The Administrative Procedure shall provide the procedures
necessary to implement the requirements of this chapter. The City Manager shall
post the Administrative Procedure on the City's website. The City Manager is
authorized to delegate to other City officials the duty and authority to implement
the Administrative Procedure.
9.75.130 Penalty; Enforcement.
A. Misdemeanor. Any person who violates any provision of this chapter
shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title
1 of the Temecula Municipal Code. The violation may be charged as an infraction
with the consent of the City Attorney.
B. Administrative Citations. Any person who violates any provision of
this chapter shall be guilty of violating the Temecula Municipal Code and may be
issued an administrative citation and be subject to the applicable punishments
pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code.
C. Other Remedies. Nothing in this chapter shall limit or preclude the
enforcement of any other applicable laws or remedies available for violations of
this chapter, including, but not limited to, the enforcement provisions of Title 1 or
Chapter 8.12 of the Temecula Municipal Code."
Section 4. Chapter 9.02, General, and Section 10.08.080, Loitering—
Obstructing traffic, of the Temecula Municipal Code are hereby repealed in their entirety,
each having been included in the new chapters added by this Ordinance.
Section 5. CEQA. The City Council has reviewed the matter and, based upon
the facts and information contained in the staff reports, administrative record, and written
and oral testimony, hereby finds that this Ordinance is not subject to CEQA pursuant to
Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or
reasonably foreseeable indirect physical change in the environment nor have a significant
impact on the environment. It can be seen with certainty that there is no possibility that
the adoption of this Ordinance will have a significant effect on the environment because
Ords 17-12 12
the ordinance regulates human activity so as to provide clean, sanitary and accessible
condition of public property in accordance with the goal of maintaining the health and
safety of the community and will not result in a permanent alteration of property nor the
construction of any new or expanded structures.
Section 6. Severability. If any section or provision or clause of this Ordinance
is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, or contravened by reason of any preemptive legislation, the remaining
sections and/or provisions and/or clauses of this Ordinance shall remain valid. The City
Council hereby declares that it would have adopted this Ordinance, and each section or
provision or clause thereof, regardless of the fact that any one or more section(s) or
provision(s) or clause(s) may be declared invalid or unconstitutional or contravened via
legislation.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 14th day of November, 2017.
ALLatApes—
aryann Edwards, Mayor
ATTES
Randi „Mr Clerk
[SEAL]
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Ords 17-12 13
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 17-12 was duly introduced and placed upon its first reading at a meeting
of the City Council of the City of Temecula on the 24th day of October, 2017, and that
thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 14th day of November, 2017, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi
111 Johl, City Clerk
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Ords 17-12 14