HomeMy WebLinkAboutOrdinance 2030 (Regulating Camping on Public Property)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON
PUBLIC PROPERTY” TO REGULATE CAMPING ON PUBLIC PROPERTY WITHIN THE
CITY OF SAN RAFAEL
is a true and correct copy of an Ordinance of said City, and was introduced at a SPECIAL
meeting of the City Council of the City of San Rafael, held on the 10th day of July 2023; a
SUMMARY of Ordinance No. 2030 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 17th day of July 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
WITNESS my hand and the official
Seal of the City of San Rafael this
18th day of July 2023
______________
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 19.50 TO THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “CAMPING ON
PUBLIC PROPERTY” TO REGULATE CAMPING ON PUBLIC PROPERTY WITHIN THE
CITY OF SAN RAFAEL
SECTION 1. FINDINGS
WHEREAS, the purpose of this ordinance is to enact regulations to address camping in or
on public property in the City of San Rafael. The City Council has authority to adopt this
ordinance pursuant to the California Constitution Article XI, section 7; and
WHEREAS, the City Council recognizes that the use, establishment, and occupation of
camping areas by persons with no alternative shelter, and the activities often attendant with
camping, have created adverse public health, safety, and welfare conditions within the City;
and
WHEREAS, the City, along with the County of Marin and community partners, have been and
are undertaking extensive actions to assist unsheltered persons in the City and region to find
shelter and needed services; and
WHEREAS, in the 2019 case of Martin v. City of Boise (920 F.3d 584), the federal Court of
Appeals for the Ninth Circuit held that the City of Boise’s criminal enforcement of its ordinance
banning camping on all public property was unconstitutional when applied to individuals who
had no alternative shelter available to them; and
WHEREAS, in consideration of the Martin v. City of Boise decision, and the present lack of
sufficient alternative shelter for all persons without shelter in San Rafael, the City has not
been strictly enforcing existing limits on camping in and on some public properties; and
WHEREAS, while the Martin v. City of Boise decision mandates that a city without sufficient
alternative shelter may not criminalize the act of sleeping on public property, it does not
require a city to allow camping on all public property, and does not prevent a city from
prohibiting camping on specified public properties, or enacting other time, place, and manner
conditions on camping; and
WHEREAS, the City Council recognizes and finds that there are public health and safety
hazards and public nuisance activities and conditions frequently associated with camping on
public property, and that there are certain public properties where the existence of campsites
is incompatible with the necessary use of the property by the public, or where camping
presents unacceptable hazards and/or costs to the City’s operations and to the public; and
WHEREAS, some unsheltered persons in the City live in makeshift shelters on public
property, such as tents, tarps, non-permanent boarded structures, and other non-substantial
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temporary structures, and accumulate, store, or leave behind garbage, debris, unsanitary
hazardous materials, sewage, or drug paraphernalia; and
WHEREAS, when groups of unsheltered persons camp in close proximity to one another on
public property, forming a larger encampment, the public health and safety impacts and
hazards can be concentrated in and around that property and can have a substantial negative
impact on the neighboring residents, businesses, and community; and
WHEREAS, camping on public property can lead to damage to public property, or hindrance
of the operation or protection of public infrastructure and utilities, creating a potential health
and safety hazard; and
WHEREAS, camping on public property can have a deleterious impact on the public use of
public property, businesses, private property, and economic development within the City; and
WHEREAS, by this ordinance, the City Council seeks to restrict camping on certain public
properties and to adopt reasonable time, place, and manner conditions on camping on public
property by persons without alternative shelter; and
WHEREAS, regulating camping on public property is necessary to protect public health,
safety, and welfare; preserve public property for the enjoyment, safety, comfort and
convenience of the public; enhance and preserve the orderly administration and management
of public property; and preserve, protect, and prevent damages to public resources.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
SECTION 2. ADDITION TO SAN RAFAEL MUNICIPAL CODE. CHAPTER 19.50
Chapter 19.50 of the San Rafael Municipal Code, entitled “Camping on Public Property” is
hereby added to read in its entirety as follows:
Chapter 19.50 – CAMPING ON PUBLIC PROPERTY
19.50.010 - Purpose.
The purposes of this Chapter include but are not limited to: protecting public health, safety,
and welfare; preserving public property for the enjoyment, safety, comfort and convenience
of the public; enhancing and preserving the orderly administration and management of public
property; and preserving, protecting, and preventing damages to public resources. This
Chapter prohibits conduct that unreasonably interferes with the administration and lawful
uses of public property by establishing reasonable time, place and manner conditions related
to camping on public property.
19.50.020 - Definitions.
As used in this chapter, the following terms shall have the following meaning:
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A.
1.
2.
(a)
(b)
(c)
(d)
(i)
(ii)
"Camp" or "Camping" means using public property as a place of residence or for living
accommodation purposes, as evidenced by:
Remaining for prolonged or repetitious periods of time, not associated with ordinary
recreational use of public property, and
One or more of the following:
Possessing camp paraphernalia; or
Using or erecting camp facilities or other form of shelter; or
Making a fire, cooking, or consuming meals; or
Engaging in one or more of the following:
sleeping or making preparations to sleep (including the laying down
of bedding for the purposes of sleeping); or
Unattended storage of personal belongings, including storing camp
paraphernalia or camp facilities.
The combined activities of (1) and (2) constitute camping when it reasonably appears,
in light of all the circumstances, that a person is using public property as a living
accommodation regardless of their intent or the nature of other activities in which the
person might also be engaged.
B.
C.
D.
E.
“Camp facility” means the use of a tent, hut, cot, bed, hammock, lean-to, shack,
vehicle, or other temporary physical shelter.
“Camp paraphernalia" means implements and equipment used for temporary
residence, including, camp facilities, tarpaulins, mattresses, sleeping bags, bedrolls,
blankets, sheets, pillows, luggage, backpacks, and cookware, cooking equipment,
kitchen utilities, and similar equipment.
“Camping area” means the primary physical area of occupation of a single camping
person. A camping area occupied by one person shall not exceed 10 ft. by 10 ft., (100
sq. ft. total), inclusive of camp facilities, camp paraphernalia, and personal property. If
two or more persons are occupying one camping area, the camping area may be
expanded to an area that shall not exceed 10 ft. by 20 ft., (200 sq. ft. total). In no event
shall any camping area, regardless of the number of occupants, exceed a space
greater than 200 sq. ft.
"Open space property" means any area described in San Rafael Municipal Code
Section 19.10.020.
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F.
G.
H.
I.
J.
K.
L.
M.
"Playground" means an improved outdoor area designed, equipped, and set aside
for children's play in a park or school that is not intended for use as an athletic
playing field or athletic court, and includes any playground equipment, fall zones,
surface materials, access ramps, and all areas within and including the designated
enclosure and barriers.
“Public facility” means any building, structure, or area enclosed by a fence located on
public property, whether secured, unsecured, locked, unlocked, open, or enclosed.
“Public property” means any real property within the jurisdiction of the City of San
Rafael, which is owned, managed, or controlled by the City of San Rafael.
"Public right-of-way" means any area described in San Rafael Municipal Code Section
11.04.020.
“Public utility infrastructure” means public bathrooms, and electrical boxes, fire
hydrants, and similar equipment used to provide public utility services, but does not
include light or electrical poles.
“Sidewalk” means any area in the City provided for the use of pedestrians, including
planting areas, driveway approaches, or parking strips, between the public vehicular
roadway and the edge of public right-of-way bordering, fronting, or adjacent to private
property.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping,
or to place or leave in a location.
"Vehicle" means any wheeled conveyance, whether motor-powered, animal-drawn, or
self-propelled, and includes any trailer in tow of any size, kind, or description. For
purposes of this chapter, a vehicle does not include a pushcart, stand, display, pedal-
driven cart, wagon, showcase, rack, or other nonmotorized conveyance, used by a
sidewalk vendor engaging in sidewalk vending with a permit issued for such activity.
19.50.030 - Prohibited Camping on Certain Public Property.
A.
1.
2.
3.
Prohibited Camping
Open space property. No person or persons shall camp in or on any open
space property, or portion thereof.
Parking garages. No person or persons shall camp in or on the premises of
any parking garage, or portion thereof, owned or operated by the city.
Public facilities. No person or persons shall camp in or on any public facility,
or portion thereof, including the parking lot of any such area, or in a manner
that obstructs, blocks, or otherwise interferes with access to a public facility
or private property.
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4.
5.
6.
B.
Playgrounds. No person or persons shall camp within 100 ft. of any
playground.
Public utility infrastructure. No person or persons shall camp within 10 ft. of
any public utility infrastructure.
Public right-of-way and sidewalks. No person or persons shall camp in or on
any public right-of-way or sidewalk, or portion thereof, or in a manner that
obstructs, blocks, or otherwise interferes with use of or access to a public
right-of-way or sidewalk.
The city council or city manager may, by resolution or administrative order, absolutely
prohibit camping, or adopt time, place, or manner conditions on camping, at any time
in or on one (1) or more public properties, or portion thereof, where such camping is
determined to be a threat to the public health, safety, or welfare.
19.50.040 - Prohibited Camping on Other Public Property; Exception.
A.
B.
C.
1.
2.
a.
b.
No person or persons shall camp in or on public property not listed under Section
19.50.030, or portion thereof, except as set forth below.
Exception. Nothing in this section shall be deemed to prohibit camping on public
property that is not listed under Section 19.50.030, or to prohibit the use of
minimal measures for staying warm or dry while sleeping on such property, when
there is no alternative shelter available to the person camping.
When the exception set forth in subsection 19.50.040(B) applies, the following time,
place, and manner conditions shall apply:
No camping area shall be used for any purpose other than for living
accommodation purposes. Living accommodation purposes includes sleeping
and making preparations to sleep, including the laying down of bedding for the
purpose of sleeping, by a person with no alternative shelter available to the
person camping.
In no event shall a camping area exceed the maximum physical space
dimensions permitted for a “camping area” as defined in Section 19.50.020.
All camp facilities, camp paraphernalia, and other personal belongings shall
be stored and kept within the maximum permitted camping area.
Items stored, kept, discarded, or otherwise existing outside of the camping
area shall be presumed to be unattended personal property or trash or debris
and may be stored or discarded according to city policy.
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3.
4.
No person shall use, establish, or occupy more than one camping area.
No camping area may be used, established, or occupied within 200 ft. of another
camping area.
19.50.050 – Conflict with Other Regulations.
To the extent that there is any conflict with any other provisions of this code, the standards
and regulations of this chapter shall prevail.
SECTION 3. AMENDMENT TO SAN RAFAEL MUNICIPAL CODE SECTIONS
19.20.080(C), 19.10.060(4), AND 5.60.054
San Rafael Municipal Code section 19.20.080(C), entitled “Prohibited activities: Camping”
shall be deleted and replaced with the following:
19.20.080(C) Camping. For laws and regulations regarding camping within the City of
San Rafael, see San Rafael Municipal Code chapter 19.50.
San Rafael Municipal Code section 19.10.060(4), entitled “Open space regulations: Camping”
shall be deleted and replaced with the following:
19.10.060(4) Camping. For laws and regulations regarding camping within the City of
San Rafael, see San Rafael Municipal Code chapter 19.50.
San Rafael Municipal Code section 5.60.054, entitled “Overnight parking in parking garages
prohibited” shall be deleted and replaced with the following:
5.60.054 Camping in City Parking Garages. For laws and regulations regarding
camping within the City of San Rafael, see San Rafael Municipal Code chapter 19.50.
SECTION 4. This ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and the environmental regulations of the city. The city council hereby finds that under section
15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements
of CEQA because it can be seen with certainty that the provisions contained herein would not
have the potential for causing a significant effect on the environment. It also finds the
ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections
15307 and 15308 as an action by a regulatory agency taken to protect the environment and
natural resources.
SECTION 5. SEVERABILITY
Every section, paragraph, clause, and phrase of this ordinance is hereby declared to be
severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
4884-5376-6251 v3 7
constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining
portions or this ordinance shall continue in full force and effect unless amended or modified
by the city.
SECTION 6. EFFECTIVE DATE AND PUBLICATION
This ordinance shall be published once, in full or in summary form, before its final passage, in
a newspaper of general circulation, published and circulated in the City of San Rafael and shall
be in full force and effect 30 days after its adoption. If published in summary form, the summary
shall also be published within fifteen (15) days after the adoption, together with the names of
those Council members voting for or against same, in a newspaper of general circulation
published and circulated in the City of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City
Clerk, a certified copy of the full text of this ordinance along with the names of those
Councilmembers voting for and against the ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a special meeting of the
San Rafael City Council on the 10th day of July 2023, and was passed and adopted at a
regular meeting of the San Rafael City Council on the 17th day of July 2023 by the following
vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Llorens Gulati
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk