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HomeMy WebLinkAbout1037 - Ordinance ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING CHAPTER 9.38 TO TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING THE PROHIBITION AGAINST CAMPING ON PUBLIC PROPERTY OR INTERFERENCE WITH THE USE OF PUBLIC PROPERTY INCLUDING PUBLIC ACCESS WHEREAS, the City of Rancho Cucamonga("City") is committed to ensuring the safety, health, and welfare of all its residents, visitors, and businesses; WHEREAS, it is the obligation of the City to keep the public rights-of-way and public spaces clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to Rancho Cucamonga; WHEREAS, the public has expressed concern that access to public and private property is being impeded or prevented by the storage of personal items on public property, by people camping on public property, and by people using the public rights- of-way to sit, sleep and lie down; WHEREAS, public spaces, including parks, streets, and sidewalks are intended for the use and enjoyment of all members of the community and should be maintained in a safe and accessible condition; WHEREAS, the storage of unattended personal property on public property creates a safety and security risk to the public because, among other things, it can create a tripping hazard, impact a person's line-of-sight, and divert limited public resources to evaluate suspicious packages; WHEREAS, unauthorized camping in public spaces, including the use of vehicles for human habitation, can create health and safety risks related to the accumulation of trash, food waste, human waste, and contaminated medical waste; WHEREAS, the use of public property for camping and vehicles for human habitation has led to an increase in calls for police, fire, and emergency medical services, thereby straining municipal resources and diverting them from other critical areas of need; WHEREAS, the presence of unauthorized encampments has been associated with increased criminal activity, including theft, vandalism, damage to property, noise violations, littering, prowling, trespassing, and drug-related offenses, thereby undermining public safety; WHEREAS, maintaining clean and safe public spaces is essential for the economic vitality of Rancho Cucamonga, as it is a regional destination and encourages tourism, business development, and community events; Ordinance No. 1037 - Page 1 of 7 WHEREAS, the City Council desires to continue to protect the public health, safety and welfare including, but not limited to, the City's parks, streets, and other public places by regulating the use of public property. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Chapter 9.38 is hereby added to Title 9 of the Rancho Cucamonga Municipal Code to read as follows: "Chapter 9.38 — PROHIBITION AGAINST CAMPING ON PUBLIC PROPERTY OR INTERFERENCE WITH THE USE OF PUBLIC PROPERTY INCLUDING PUBLIC ACCESS 9.38.010 — Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning set forth in this section: "Camp" or "Camping" means use of space on public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding, cots, beds, sleeping bags, mattresses, or couches for the purpose of sleeping), or storing personal belongings, or using any tents, tarps, hammocks, camp stoves, cooking equipment, buckets, dressers, furniture, shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell or reside, which is exemplified by the person continuously remaining inside the vehicle at the same location for two hours or more; the person sleeping in the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person preparing or cooking meals inside or on the vehicle; the person bathing or grooming inside the vehicle. "Camp facility"or"camp facilities" means any or a combination of the following a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock. "Child care facility" means a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, school-age child care centers, or family day care homes. Ordinance No. 1037 - Page 2 of 7 "College" means an institution of higher education, including a community or junior college, college or university including, but not limited to, Chaffey Community College. "Personal Property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as.household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City. "Prohibited public place" means any public property that is not designated for camping by resolution of the City Council or other governmental entity having jurisdiction over the property. "Public plaza" means an open public area that is owned or controlled by the State, the County, the City, or other public entity that has been physically improved and where people can gather. "Public property" means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, bridges, parking garage, parking lot, passageway, public rights-of-way, public plaza,driveway, landscaped area, parkway, median, greenbelt, open space, public park, or park facility. "Public rights-of-way" or "public right-of-way" means the area or areas on, below, or above a public roadway, public highway, public street, public sidewalk, public path, public trail, public plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest. "School" means an institution of learning, whether public or private, which offers in-person instruction in grades K through twelve (12) in those courses of study required by the California Education Code and is licensed by the State Board of Education. This definition includes all kindergarten, elementary, junior high, senior high or any special institution of learning under the jurisdiction of the State Department of Education. "Store", "Stored", "Storing" or "Storage" means to put personal property aside, to accumulate for use when needed or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 9.38.020 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property. "Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter.A tent does not include any Ordinance No. 1037 - Page 3 of 7 shade covering used in accordance with Section 11.08.020. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more. "Vehicle" means a "motor vehicle" as defined by Cal. Veh. Code Section 415, a "recreational vehicle" as defined by Cal. Health & Safety. Code Section 18010(a), a "camper trailer" as defined in Cal. Veh. Code Section 242, a "house car" as defined in Cal. Veh. Code Section 362 or a "trailer coach" as defined in Cal. Veh. Code Section 635. 9.38.020 Sitting, Lying, or Sleeping or Storing, Using, or Maintaining or Placing Personal Property in the Public Rights-of-Way A. No person shall fix in place, store, maintain or leave personal property that is unattended on public property. B. No person shall set up, make use of, fix in place, store, locate, maintain, or leave behind a tent on public property. C. No person shall sleep, lay down, or lodge in a public restroom. D. No person shall sleep or lay down on a public bench, bus stop/shelter or adjacent landscape planter. E. No person shall remain upon a public plaza between the hours of 10:00 p.m. and 6:00 a.m. the following morning, except, it shall not be a violation of this subsection for a person to traverse a public plaza without stopping. F. No person shall sit, lie, or sleep or store, use, maintain, or place personal property on a public median, public parkway, or landscaped area, except for individual's engaged in lawful commercial activity. G. No person shall obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using, maintaining, or placing personal property on public property: 1. In a manner that obstructs or impedes passage, as provided by the Americans with Disabilities Act; 2. On or within twenty (20)feet of any operational or utilizable driveway, ramp, or loading dock; 3. On or within twenty (20) feet of any fire hydrant, fire plug or other connection Ordinance No. 1037 - Page 4 of 7 used by the Fire Department; 4. Within twenty(20)feet of the entrance to a public restroom, public park, public trail or public path; 5. Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; 6. Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine; 7. Within ten (10) feet of an"`electric vehicle charging station, parking pay station or parking meter; 8. Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect. 9. In a manner that unreasonably interferes with the use of the public right- of- way by motor vehicles, pedestrians or bicycles; or 10. Within five hundred (500) feet of a college, school, o r child care facility. It shall not be a violation of Subsection (G)for a person to sit for purposes of viewing a legally conducted parade. H. No person shall sit or stand on or at the entrance of any church, place of worship, hall, theatre, post office, community center, or other place of public assemblage in any manner that violates Municipal Code § 9.26.020 (Loitering in front of building prohibited). 9.38.030 Molesting Pedestrians. No person, whether engaged in solicitation or not, shall willfully, intentionally, or maliciously molest, annoy, obstruct, or hinder any other person passing along any public rights-of-way. 9.38.040 Camping in Prohibited Public Places. A. No person shall camp in a prohibited public place. B. No person shall start, build, or use a fire in a prohibited public place for any purpose including, but not limited to,warming or cooking, unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, or the provisions of this Code. 9.38.050 Prohibited Conduct. Ordinance No. 1037 - Page 5 of 7 It is unlawful for any person to conduct, perform or participate in any of the following activities at any park or park facility: A. Use any public fountain, public drinking faucet, public restroom sink or public sprinkler to wash dishes, clothing or garments, to bathe, or conduct personal hygiene (such as washing hair or body with or without soap, shampoo or similar personal hygiene products; shaving with or without shaving cream or similar personal hygiene products; oral care including using mouthwash or brushing teeth with or without toothpaste or similar personal hygiene products; cleaning any injury, wound, lesion, gash or abrasion in any manner with or without medical products, cleaning products or similar personal hygiene products; using any medical or other personal hygiene product to rid the body of lice or any disease, infection or growth). This prohibition does not apply to basic hygiene activities such as handwashing, attending to child hygiene needs such as diaper changes, and attending to emergency situations involving minor injuries. B. Cut, break, injure, or disturb any City tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus, or property." SECTION 2: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. SECTION 3: CEQA. The City Council finds that the adoption of this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations of camping in prohibited places will result in a direct or reasonably foreseeable indirect physical change in the environment. In addition, this Ordinance is not subject to CEQA under of the CEQA Guidelines Section 15060(c)(3) because the Ordinance is an activity that is not a project as defined in CEQA Guidelines Section 15378. SECTION 5: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. Ordinance No. 1037 - Page 6 of 7 (" PASSED, APPROVED, AND ADOPTED this 211 day of April, 2025. a L. ennis Michael, M or ATTEST: i Sevy, City CI rk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the. City of Rancho Cucamonga held on the 19th day of March 2025, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 2"d day of April, 2025. AYES: Hutchison, Kennedy, Michael, Scott NOES: None ABSENT: Stickler ABSTAINED: None Executed this 31 day of April 2025, at Rancho Cucamonga, California. im Sevy, City Clerk Ordinance No. 1037 - Page 7 of 7