HomeMy WebLinkAboutAGENDA REPORT 2021 0901 CCSA REG ITEM 09C SUPPLEMENTAL
MOORPARK CITY COUNCIL
SUPPLEMENTAL
AGENDA REPORT
TO: Honorable City Council
FROM: Troy Brown, City Manager
Kevin G. Ennis, City Attorney
DATE: 09/01/2021 Regular Meeting
SUBJECT: Consider Urgency Ordinance Amending Chapter 12.16 (Parks, Open
Space and Civic Center) of the Moorpark Municipal Code to Establish
Prohibitions on Camping, Cooking, and Storing Property at the
Moorpark Civic Center, Enhancing Camping and Storing of Personal
Property Prohibitions in Parks, Enhancing Penalties for Violation of
the Civic Center Curfew, Declaring the Urgency Thereof and the
Immediate Effectiveness of the Ordinance Pursuant to Government
Code Sections 36934 and 36937, and Making a Determination of
Exemption under the California Environmental Quality Act; and
Introduction of Non-Urgency Ordinance Amending Chapter 12.16
(Parks, Open Space and Civic Center), and Making a Determination of
Exemption under the California Environmental Quality Act
REVISIONS TO DRAFT URGENCY ORDINANCE SUBSEQUENT TO AGENDA
POSTING
Subsequent to the posting of the subject agenda item, minor revisions were made to the
proposed urgency ordinance that reflect staff’s further policy recommendations regarding
appropriate park hours and related camping regulations. The revisions were made in
consultation with the City Attorney’s Office.
Attachment: Urgency Ordinance in Legislative Format
Item: 9.C.
SUPPLEMENTAL
1
ORDINANCE NO. ___
AN URGENCY ORDINANCE OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING CHAPTER 12.16
(PARKS, OPEN SPACE AND CIVIC CENTER) OF THE
MOORPARK MUNICIPAL CODE TO ESTABLISH
PROHIBITIONS ON CAMPING, COOKING AND STORING
PROPERTY AT THE MOORPARK CIVIC CENTER,
ENHANCING CAMPING AND STORING OF PERSONAL
PROPERTY PROHIBITIONS IN PARKS, ENHANCING
PENALTIES FOR VIOLATION OF THE CIVIC CENTER
CURFEW ,DECLARING THE URGENCY THEREOF AND
THE IMMEDIATE EFFECTIVENESS OF THIS ORDINANCE
PURSUANT TO GOVERNMENT CODE SECTIONS 36934
AND 36937, AND MAKING A DETERMINATION OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS
FOLLOW S:
SECTION 1.Findings
A.The City Council desires to provide for the public safety, health and
welfare of the residents and visitors to the City of Moorpark (“City”) by exercising its
police power authority under Section 7 of Article XI of the California Constitution.
Based on the findings and evidence set forth below, the City Council finds that the use
of non-habitable outdoor areas of public facilities, including areas in parks and the
grounds in and around civic buildings, for shelter, storage of personal property, or both
creates significant and immediate public safety, health, and welfare impacts to those
persons utilizing such areas for shelter and to those persons using those areas for
other public and park purposes.
B.Over the last year and persisting in the last few weeks, individuals have
been camping and storing materials on Moorpark Civic Center grounds. The presence
of these camping facilities and the storage of personal property at the Moorpark Civic
Center grounds raises several health and safety concerns. These activities interfere
with pedestrian paths of travel and the safe entering and exiting of public buildings.
Human waste has been deposited into planters and onto the ground. Verbal
altercations between persons camping and traversing these areas is a common
occurrence. The storage of personal property in these areas precludes routine cleaning
and has resulted in the presence of unsanitary conditions. In addition, the storage of
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unknown materials at the Civic Center poses a potential risk to the public safety of the
general public. These conditions adversely impact the individuals camped in
uninhabitable areas and they impact members of the public seeking to use the City’s
public facilities alike. These conditions pose an immediate threat to the public health
and safety.
C.The City Council further finds that the establishment of camping facilities
along pedestrian pathways and within covered outdoor entranceways into and out of
public buildings and facilities and also in public parks used for recreational purposes
creates a public safety risk not only to the persons camping in those areas but also to
other persons seeking to traverse and utilize those areas. Individuals who are living
without shelter in these areas are at an increased risk of exacerbating existing health
conditions and developing new health conditions due to increased exposure to
communicable diseases such as COVID-19, violence, and temperature extremes or
other adverse weather conditions; heightened stress; the difficulty of maintaining a
healthy diet; and inadequate access to sanitation facilities, healthcare, and other
services. At the same time, these outdoor areas around public buildings and in public
parks are intended to be and are readily accessible and available to residents,
businesses, and the public at large for their intended public and recreational purposes.
The City Council finds camping in these areas creates conflicts with, and is
incompatible with, that ability of the general public to traverse these areas and use
them for their intended public purposes.
D.The City Council further finds that the use of these specific areas for
camping interferes with the rights of others to use and enjoy these public areas as they
are intended and creates tripping, falling, and other public safety hazards to the general
public. Camping and storing personal property in the civic center and in public parks
constitute public health and safety hazards, which adversely impact public offices,
facilities, and services, as well as persons using parks for recreational purposes.
Camping in open space areas and in parks also increases the risk that persons
camping area exposed to attacks by wildlife such as mountain lions or coyotes in the
area, which may be attracted to the contents of personal property in parks and open
space areas.
E.The purposes of this Ordinance are to maintain these public areas within
the City in a clean, sanitary, safe, and accessible condition; to adequately protect the
health, safety, environment, and general welfare of the community; and to ensure that
these public areas are used for their intended purposes and remain accessible to all
members of the public, businesses, and visitors in the City. Nothing in this Ordinance is
intended to interfere with otherwise lawful and ordinary uses of public property.
F.For these reasons, the City Council finds that establishing restrictions on
camping and storing personal property in the Moorpark Civic Center grounds, clarifying
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existing prohibitions on camping in public parks and open space, and enhancing
enforcement remedies for violations of these provisions are necessary for the
immediate preservation of the public health and safety.
G.The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15061(c)(3) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the
environment), 15060(c)(3) and 15378 (the activity is not a project under CEQA) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
This is because the camping and curfew hour penalties adopted by this Ordinance
regulate the conduct and activities of individuals and do not permit any development
that could result in a significant change to the environment. Furthermore, the
Ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA
Guidelines, because this Ordinance is a regulatory action taken by the City to address
and abate unauthorized conduct occurring on certain public property in the City.
SECTION 2.Section 12.16.010 (Definitions) of Chapter 12.16 (Parks, Open
Space and Civic Center) of the Moorpark Municipal Code is hereby amended to add
new definitions to be inserted alphabetically, with all other portions of Section 12.16.010
to remain the same:
“”Camping” means to: (i) pitch or occupy camp facilities; or (ii) to use camp
paraphernalia, or both (i) and (ii).
“Camp facilities” means all temporary shelters, including, but not limited to, tents,
huts, or temporary shelters.
“Camping paraphernalia” means items including, but not limited to, tarpaulins,
cots, beds, sleeping bags, hammocks, or non-City provided cooking facilities and
similar equipment.
“Establish”means to set up or move equipment, supplies, or materials onto
Moorpark Civic Center grounds or parks or open space to camp or operate camp
facilities.
“Maintain” means to keep or permit equipment, supplies, or materials to remain
on Moorpark Civic Center grounds or in parks or open space in order to camp or
operate camp facilities.
“Moorpark Civic Center grounds” means the property containing the Moorpark
City Hall, Moorpark Community Center, Moorpark Library, Moorpark Community Center
Park, and all grounds, parking, landscape, and other areas on the same lots or parcels
of those properties which are located at 699 through 799 Moorpark Avenue, Moorpark.
“Operate”means to participate or assist in establishing or maintaining a camp or
camp facility.
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“Personal effects” means the portion of personal property consisting of some
or all of the following items: (i) medication, medical devices, eye glasses, or other
prescription lenses; (ii) sleeping bag or bed roll, which is sanitary and non-verminous;
(iii) tents in usable condition; (iv) clothes stored in a manner protecting them from the
elements, which are not unsanitary, soiled, or verminous; (v) non-perishable food
items; and (vi) personal property with an estimated individual fair market value of at
least fifty dollars ($50.00).
“Personal Property” means any tangible personal belongings or possessions,
which shall include any movable or tangible thing that is subject to ownership;
property or chattels that can be seen, weighed, measured, felt, or touched, including
but not limited to, furniture, appliances, camp facilities, camping paraphernalia,
personal effects and “shopping carts” or “carts” as defined in this section.
“Shopping carts” of “carts” shall have the meaning set forth in Business and
Professions Code Section 22435.
“Store” means to put aside or accumulate for use when needed, to put for
safekeeping, or to place or leave in a location.
SECTION 3.Section 12.16.020 (Hours of Operation) of Chapter 12.16 of the
Moorpark Municipal Code is hereby amended to read as follows:
“12.16.020 Hours of operation.
No person shall enter or remain in any park or open space during the hours that
the park or open space is closed. Parks and open space shall be closed from eleven
(11:00) p.m. to six (6:00) a.m., unless otherwise approved by City Council. The City
Council may by resolution approve more or less restrictive hours of operation for a
specific park and for certain City facilities or structures, including restrooms, and the
amended hours of operation for the park or facility shall be indicated by appropriate
signage. The city manager or designated representative may close a park or extend the
hours of operation for maintenance, for conditions which create a danger to public
health or safety, or to accommodate a City-sponsored special event. The hours of
operation described above shall not apply to persons attending an authorized
City-sponsored program or City employees and City contractors engaged in the
performance of their official duties.”
SECTION 3.SECTION 4.Section 12.16.100 (Camping and Lodging Prohibited)
of Chapter 12.16 of the Moorpark Municipal Code is hereby amended to read as
follows:
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“12.16.100 Camping and Storage of Personal Property Prohibited;
Procedures for Removing Unauthorized Personal Property.
A.Purpose. The Moorpark Civic Center grounds and parks in the City
should be readily accessible and available to residents, visitors, and to the public at
large. The use of these areas for camping, the storage of personal property, or both,
poses a risk to the health and safety of persons using the Moorpark Civic Center
grounds and parks for these purposes and to other members of the general public
whose access to public facilities can be hindered, obstructed, or made unsafe by the
presence of camping paraphernalia and personal property in these areas. The purpose
of this section is to protect the public health, safety and welfare, maintain the Moorpark
Civic Center grounds and parks in the City in a clean and accessible condition, and to
prevent the accumulation of personal property in these spaces.
B.Unlawful camping. No person shall camp, or establish, maintain, operate,
or occupy camping facilities, or use camp paraphernalia, at the Moorpark Civic Center
grounds, or in any park or open space except when participating in an authorized
City-sponsored program.
C.
C Storage of personal property. It shall be unlawful for any person to store
personal property, including camp facilities, camp paraphernalia, and personal effects
at the Moorpark Civic Center grounds, in any park or open space, except as otherwise
allowed by the City by permit or written authorization of the City Manager or designee.
Nothing herein shall be construed to allow storage where otherwise prohibited by this
Code.
D.Cooking. No person shall cook food in the Moorpark Civic Center
grounds, except in designated kitchen areas of civic center buildings or outside as part
of a City sponsored or approved outdoor event. No person shall cook in City parks or
open space, except as otherwise allowed by the Moorpark Municipal Code or by
specific permit.
E. Designated City employees or Sheriff Department personnel may remove
personal property unlawfully stored or found in the Moorpark Civic Center grounds or in
a park or open space as follows:
1.The location of any personal property including camp facilities and
camping paraphernalia shall be noticed as follows: “It is illegal to store personal
property in the Moorpark Civic Center grounds or in a park or open space. If this
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personal property is not removed within 72 hours of the date of this posting, THE
PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND
SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION."
2.City personnel may remove any personal property unlawfully stored or
remaining in the Moorpark Civic Center grounds or in a park or open space after the
posting period has expired.
3.Personal property which has been abandoned and which poses an
imminent threat to public health or safety, or which is contraband or evidence of a crime
shall not be subject to the above notice requirements and shall be removed
immediately by City personnel or Sheriff’s Department personnel and stored or
destroyed according to the provisions below.
F.Removal and Inventory of Personal Effects. At the time of removal of
unlawfully stored or remaining personal property in the Moorpark Civic Center grounds
or park or open space, City personnel shall conspicuously post and date a notice either
at the exact location from which the personal effects portion of that personal property
were removed or at another nearby location giving the following information:
1.A list of the personal effects removed;
2.A telephone number for information on retrieving the personal effects;
3.An address where the personal effects are temporarily stored;
4.The length of time during which the personal effects may be claimed.
G.Storage of Personal Effects. Following removal of unlawfully stored or
remaining personal effects, City personnel shall do the following:
1.Maintain an inventory identifying the personal effects, where the personal
effects were approximately located, and the reasonable value of each item;
2.Place the removed personal effects in containers labeled in a manner that
facilitates identification by City personnel and the owner and which reasonably protects
such property from damage or theft; and
3 Store removed personal effects in an area designated by the City for a
period of ninety (90) days.
H.Reclaiming Personal Effects. Personal effects stored by the City, which is
claimed within ninety (90) days from removal shall be released to the person claiming
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ownership provided they identify the items of property and the approximate location
where the items of property were left.
I.Disposition of Personal Effects.
1.Personal effects which remain unclaimed after ninety (90) days may be
dedicated for public use or may be given to a local nonprofit agency for charitable use.
2.All other unlawfully stored or found personal property other than personal
effects removed from an unlawful encampment are deemed intentionally abandoned
and may be summarily abated and destroyed.
J.The City Manager, the Chief of Police, or both, are hereby authorized to
promulgate additional rules and policies for the implementation of this Chapter, section,
or both, in a manner consistent with state and federal law.”
SECTION 4.SECTION 5.Section 12.16.180 (Prohibited activities and uses) of
Chapter 12.16 of the Moorpark Municipal Code is hereby amended to add a new
subsection H, to read as follows:
“H. It is unlawful for any person to urinate or defecate in any public place,
including the Moorpark Civic Center grounds, or in any park or open space, except
when using a urinal, toilet, or commode located in a bathroom, restroom, portable
restroom, or other structure enclosed from public view.”
SECTION 5.SECTION 6.Section 12.16.230 (Nighttime closure of Civic Center
grounds) of Chapter 12.16 of the Moorpark Municipal Code is hereby amended to read
as follows:
“12.16.230 Nighttime closure of civic center grounds.
A. Between the hours of eleven (11:00) p.m. and six (6:00) a.m., no person shall
enter, remain, or be present in or upon the Moorpark Civic Center grounds.
B. This section shall not apply to persons whose presence is authorized by the
City of Moorpark, is in conjunction with an activity that is authorized or permitted by the
City of Moorpark, or is in conjunction with gaining ingress or egress to any facility on the
Moorpark Civic Center grounds.
C. Any violation of this section shall be a misdemeanor, unless reduced to an
infraction at the discretion of the city attorney or district attorney. However, any violation
beyond the third offense may not be reduced to an infraction, and shall be charged as a
misdemeanor.”
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SECTION 6.SECTION 7.Section 12.16.240 (Violation and penalty) of Chapter
12.16 of the Moorpark Municipal Code is hereby amended to read as follows:
“12.16.240 Violation and penalty.
A. Any person who violates any provision of this chapter is guilty of an infraction
and, upon conviction thereof, shall be punished in accordance with Chapter 1.10 of this
Code; provided, however, that a fourth or additional violation by the same person
regardless of the time of occurrence, shall constitute a misdemeanor.
B. Notwithstanding subsection A of this section, a violation of Section 12.16.060,
12.16.100, 12.16.120, 12.16.130, 12.16.140, 12.16.180(H), or 12.16.230 of this chapter
is a misdemeanor and, upon conviction thereof, shall be punished in accordance with
Chapter 1.10 of this code.
C. In addition to the provisions of subsections A and B of this section, the City
may issue an administrative citation for violations of this chapter in accordance with the
provisions of Chapter 1.16 of this Code.”
D. In addition to the provisions of subsections A, B and C, a violation of any
provision of this chapter shall constitute a public nuisance and may be abated by the
City through a civil process by means of a restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement of such nuisances.”
SECTION 7.SECTION 8. Effective Date
This Ordinance is adopted as an urgency ordinance pursuant to the provisions of
Government Code Sections 36934 and 36937, and shall take effect immediately upon
its adoption. Based upon the findings set forth in Section 1 above, the City Council
finds and determines that the adoption of this Ordinance is an urgency ordinance
authorized by Government Code Section 36937, and is necessary for the immediate
preservation of the public health, safety, and welfare.
SECTION 8.SECTION 9. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Ordinance or the application thereof to any person or place, 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 remainder of this ordinance and shall
not affect other provisions of this Ordinance which can be given effect without the
invalid provision or application, and to this end, the provisions of this Ordinance are
severable. The City Council hereby declares it would have adopted this Ordinance,
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and each and every section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 9.SECTION 10. Savings
Neither the adoption of this Ordinance nor the repeal of any other ordinance of
this City shall in any manner affect the prosecution of any violation of any City
ordinance or provision of the Moorpark Municipal Code, committed prior to the effective
date hereto, nor be construed as a waiver of any license or penalty or the penal
provision applicable to any violation thereof.
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SECTION 10.
SECTION 10.SECTION 11. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance; shall
enter the same in the book of original ordinances of the City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of the City Council at
which the same is passed and adopted; and shall publish notice of adoption in the
manner required by law.
PASSED AND ADOPTED this __1st day of _________September, 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk
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