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HomeMy WebLinkAboutAGENDA REPORT 2021 0901 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 1, 2021 ACTION ADOPTED URGENCY ORDINANCE NO. 493, AS AMENDED BY SUPPLEMENTAL STAFF REPORT. (ROLL CALL VOTE: UNANIMOUS). INTRODUCED ORDINANCE NO. 494, AS AMENDED BY SUPPLEMENTAL STAFF REPORT. (ROLL CALL VOTE UNANIMOUS). BY B. Garza. C. 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. Staff Recommendation: 1) Waive full reading and adopt Urgency Ordinance No. 493 as read by title only. (REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL TO ADOPT); and 2) Introduce Ordinance No. 494 for first reading, waive full reading, and place this ordinance on the agenda for the September 15, 2021, meeting, for purposes of providing second reading and adoption of the ordinance. (REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL TO ADOPT) (Staff: Kevin Ennis, City Attorney) Item: 9.C. MOORPARK CITY COUNCIL 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 BACKGROUND The City of Moorpark has long restricted camping in the City’s parks and open spaces. More recently, the City has imposed a late night and early morning hours curfew that prohibits persons from being on the Moorpark Civic Center grounds during those time periods. The City now seeks to prohibit camping and the storing of personal property on Moorpark Civic Center grounds, to prohibit storage of personal property in public parks and open spaces, and to modify enforcement remedies for violation of the Moorpark Civic Center curfew, in order to address a current and immediate threat to the public health and safety. 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 Item: 9.C. 536 Honorable City Council 09/01/2021 Regular Meeting Page 2 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 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. The proposed Ordinance updates the City’s existing regulations by establishing restrictions on camping and storing personal property in the Moorpark Civic Center grounds, clarifying existing prohibitions on camping in public parks and open spaces, and enhancing enforcement remedies for violations of these provisions. DISCUSSION Chapter 12.16 of the Moorpark Municipal Code regulates the City’s parks, open space, and the Moorpark Civic Center grounds. The proposed Ordinance makes several changes and additions to the provisions of Chapter 12.16. A. Camping Prohibitions in the Moorpark Civic Center Grounds Municipal ordinances that prohibit individuals from sleeping, camping, or engaging in camping-related activities (such as setting up a sleeping bag, tent, or cooking facilities) in certain areas of a city are commonly referred to as “camping ordinances.” Similar to what many jurisdictions have established, the proposed Ordinance includes a prohibition on camping in the Moorpark Civic Center grounds, in public parks and in public open space areas in the City. The proposed Ordinance provides that no person “shall camp, or establish, maintain, operate, or occupy camping facilities, or use camp paraphernalia” in particular places in the City, at the Moorpark Civic Center grounds, or in any public park or publicly owned open space area. Accordingly, the proposed Ordinance prohibits individuals from setting up and moving “camp facilities” (i.e., tents, huts, or temporary shelters) or using “camp paraphernalia” (such as cots, sleeping bags, hammocks, or cooking equipment) in the prohibited areas. The new detailed definitions of what constitutes “camping” and what qualifies as “camping paraphernalia” are also made applicable to the existing prohibitions on camping in public parks and public open space areas. Importantly, this Ordinance does not preclude camping in all public places in the City. Staff will be working to address that component of the City’s camping regulations in a future and separate Ordinance. Thus, this Ordinance is intended to address the current and immediate issues that pose a threat to the public health and safety. 537 Honorable City Council 09/01/2021 Regular Meeting Page 3 B. Storage of Personal Property and Cleanup Procedures Another type of regulation that has been adopted by many jurisdictions throughout California is one that prohibits individuals from leaving or storing personal belongings in public places, such as city sidewalks, streets, parks, or other public property. The purpose of these restrictions is to ensure that personal property is not accumulated and stored in certain public areas and in a manner that would impede the public right of way, create trip and fall hazards, and pose health and safety impacts to the general public using the public spaces for their intended purposes. Similar to the proposed camping regulations, the proposed Ordinance makes it unlawful for any person to store personal property, including camp facilities, camp paraphernalia, and personal effects at the Moorpark Civic Center grounds, or in any park or open space, except as otherwise allowed by the City. In order to allow individuals to collect their belongings and comply with current court decisions with respect to these restrictions, the proposed Ordinance implements the following noticing and removal procedure for personal property: • Personal property items found stored on the Moorpark Civic Center grounds and in a public park or in public open space areas are to be marked with a 72-hour notice to remove the property. • If the personal property is not removed within that 72-hour period, the property is deemed to be intentionally abandoned. • After the 72-hour period, staff may remove all the accumulated personal property and divide it into two categories: (i) items that qualify as “personal effects,” and (ii) personal property that does not qualify as “personal effects.” The personal property that qualifies as personal effects are defined to be items such as medication, eye glasses, sleeping bags and tents in a usable condition, clothes that are sanitary, non-perishable food, and other personal property valued at more than $50.00. • The portion of personal property that is removed and which qualifies as personal effects will then be stored by City personnel for 90-days. A notice will be conspicuously posted to inform the owner where such items may be retrieved. • All other unlawfully stored or found personal property, other than personal effects, that are removed from an unlawful encampment may be summarily abated and destroyed. • Additional procedures to implement this process may be promulgated by the City Manager, the Chief of Police, or both. Additional Regulations The proposed Ordinance contains additional regulations intended to maintain the Moorpark Civic Center grounds, parks, and open space, in an accessible, clean, and safe condition. 538 Honorable City Council 09/01/2021 Regular Meeting Page 4 In addition to prohibiting camping and storing personal property in these areas, the proposed Ordinance clarifies that cooking food on these premises is generally prohibited, unless within designated kitchen areas of Moorpark Civic Center buildings, outside as part of a City sponsored or approved outdoor event, or as otherwise permitted by the Moorpark Municipal Code or by specific permit. New Section 12.16.180 prohibits any person from urinating or defecating in any public place, except when using a bathroom, restroom, portable restroom, or other designated structure enclosed from public view. Finally, the proposed Ordinance continues to restrict access to the Moorpark civic center grounds, parks, and open space between the hours of (11:00) p.m. and six (6:00) a.m. These restrictions do 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. However, revised enforcement remedies are imposed for violations of this restriction, as more fully explained below. C. Enforcement The proposed Ordinance updates the penalty provisions of Chapter 12.16 by providing that certain violations which would ordinarily be infractions shall instead be subject to prosecution as a misdemeanor. Specifically, certain violations, including violations of the Moorpark Civic Center grounds curfew will now be a misdemeanor on the first offense as will the camping and storage restrictions. Finally, the proposed Ordinance provides that any violation of these provisions also constitutes a public nuisance and may be abated as such through the civil courts as distinguished from the criminal courts. D. Urgency Adoption and Companion Non-Urgency Version of Ordinance Because the proposed Ordinance seeks to immediately address current and immediate risks to the public health, safety and welfare that are being caused by camping and storage at the Civic Center grounds, parks, and open space areas, including interference with pedestrian paths of travel and the safe entering and exiting of public buildings, staff recommends that the City Council adopt the proposed Ordinance on an urgency basis. A four-fifths vote of the Council is necessary for adoption of an Urgency Ordinance. In addition, a non-urgency version of the Ordinance is also proposed to be concurrently introduced at this meeting and thereafter presented at the next Council meeting for second reading and adoption. When this non-urgency Ordinance becomes effective, its terms will automatically repeal and supersede the Urgency Ordinance. Thereafter, only the non- urgency Ordinance and its provisions will be operative, codified, and used as the law for enforcement of its provisions. 539 Honorable City Council 09/01/2021 Regular Meeting Page 5 CALIFORNIA ENVIRONMENTAL QUALITY ACT 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. FISCAL IMPACT The preparation and implementation of the Urgency Ordinance and non-urgency Ordinance has required and will continue to require the time and resources of City staff, the City Attorney’s Office, and the Sheriff’s Department. The full cost of this work has not been estimated and future costs of enforcement will depend on the severity of the problems encountered and the number of persons violating its provisions. CITY COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Waive full reading and adopt Urgency Ordinance No. ___ as read by title only. (REQUIRES A ROLL CALL VOTE AND A 4/5THS VOTE OF THE CITY COUNCIL TO ADOPT) 2. Introduce Ordinance No. ___ for first reading, waive full reading, and place this ordinance on the agenda for the September 15, 2021, meeting, for purposes of providing second reading and adoption of the ordinance. (REQUIRES A ROLL- CALL VOTE AND ADOPTION BY A MAJORITY VOTE OF THE CITY COUNCIL) Attachment 1: Urgency Ordinance No. ___ Attachment 2: Ordinance No. _____ 540 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 FOLLOWS: 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 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. 541 Ordinance No. ____ Page 2 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 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 542 Ordinance No. ____ Page 3 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. “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). 543 Ordinance No. ____ Page 4 “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” or “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 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: “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. 544 Ordinance No. ____ Page 5 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. 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. 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 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; 545 Ordinance No. ____ Page 6 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 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 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.” 546 Ordinance No. ____ Page 7 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.” 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 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 547 Ordinance No. ____ Page 8 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 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, 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 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. 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 548 ORDINANCE NO. ___ AN 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, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: 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 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 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. 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 549 Ordinance No. ____ Page 2 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 existing prohibitions on camping in public parks and open space, and enhancing enforcement remedies for violations of these provisions are necessary for the 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. 550 Ordinance No. ____ Page 3 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. “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. 551 Ordinance No. ____ Page 4 “Shopping carts” or “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 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: “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. 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 552 Ordinance No. ____ Page 5 the Moorpark Civic Center grounds, in any park or open space, except as otherwise allowed by the City. 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 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. 553 Ordinance No. ____ Page 6 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 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 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 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. 554 Ordinance No. ____ Page 7 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.” 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 8. Effective Date This ordinance shall be effective 30 days following its adoption by the City Council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Councilmembers voting for and against it. 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 555 Ordinance No. ____ Page 8 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, 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 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. 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 __ day of September, 2021. Janice S. Parvin, Mayor ATTEST: Ky Spangler, City Clerk 556