CC Ordinance 2251ORDINANCE NO. 2251
AN ORDINANCE OF THE CITY OF
CAMPBELL AMENDING THE CAMPBELL
MUNICIPAL CODE BY ADDING CHAPTER
6.40 "CAMPING AND STORAGE OF
PERSONAL PROPERTY" AND DELETING
SECTION 18.04.040 "CAMP CARS AND/OR
TRAILERS" AND AMENDING SECTIONS
13.04.150 "CAMPING," 21.28.120
"RECREATIONAL VEHICLE PARKING" AND
21.72.020 "DEFINITIONS," AND 6.10.020
"NUISANCE CONDITIONS"
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 6.40 "Camping" is added to Title 6 "Health and Sanitation" of the
City of Campbell Municipal Code as follows:
"Chapter 6.40 CAMPING AND STORAGE OF PERSONAL PROPERTY
Sections:
6.40.010
Camping prohibited.
6.40.012
Definitions
6.40.020
Camping permitted.
6.40.030
Storage of personal property in public places.
6.40.040
Enforcement procedures.
6.40.050
Violations
6.40.060
Exception and Affirmative Defense
6.40.010 CAMPING PROHIBITED.
No person shall camp anywhere in the City of Campbell, whether on public or private
property, except as hereinafter expressly permitted in accordance with this Chapter.
6.40.012 DEFINITIONS.
Except where a different meaning is clearly intended by the context, the following terms
as used in this Chapter shalk-has the following meanings:
(a) "Camping" or "to camp" means to do any of the following:
(1) To sleep at any time between the hours of 11:00 p.m. to 8:30 a.m. in any of
the following places:
Page 1
i. Outdoors with or without bedding, tent, hammock or other similar
protection or equipment;
ii. In, on or under any structure not designed for human habitation,
whether with or without bedding, tent, hammock or other similar protection
or equipment;
iii. In, on or under any parked vehicle, including an automobile, bus,
truck, camper, trailer or recreational vehicle;
(2) To establish or maintain outdoors or in, on or under any structure not
designed for human habitation, at any time between the hours of 11:00 p.m. to 8:30
a.m., a temporary or permanent place for sleeping, by setting up any bedding,
sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment in such
a manner as to be immediately usable for sleeping purposes;
(3) To establish or maintain outdoors or in, on, or under any structure not
designed for human habitation, at any time during the day or night, a temporary
or permanent place for cooking or sleeping, by setting up any bedding, sleeping
bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting
up any cooking equipment, with the intent to remain in that location overnight;
(b) "Public property" means any and all real property owned or lawfully possessed
by the City or any other public entity, such as the State, County or Special
Districts, including but not limited to public rights -of -way, parks, civic centers,
waterways, museums, community centers, and corporation yards.
(c) "Restroom facilities" means temporary or permanent sanitary facilities that
include a toilet and a sink with water for hand washing;
(d) "Storage" or "to "store" means to put aside or accumulate for use when needed,
to put for safekeeping, to place or leave unattended in a location for an
unreasonable amount of time. Any property left unattended for twelve hours or
more shall be considered unreasonable per se.
6.40.020 CAMPING PERMITTED.
Camping will be permitted in the City of Campbell only under the following circumstances:
(a) Camping events sponsored by the Recreation and Community Services Department
as part of a program of the Recreation and Community Services Department;
(b) Camping shall be allowed:
Page 2
(1) In the yard of a residence with the consent of the owner and occupant of the
residence, where the camping cannot be seen from the street and does not
involve a motor vehicle or trailer, provided that no parcel shall be used for
camping under this provision for more than seven days during any one
calendar month, and no more than four people who are not residents of a
permanent residential structure located on the parcel may camp on the parcel
at the same time;
(2) Inside of a licensed and registered motor vehicle in a parking lot on the site
of a lawfully existing business establishment in a non-residential zoning
district with the written consent of all business establishments on the property
and the property owner, where the driver/occupant of such vehicle is in
possession of a valid driver's license, provided that no more than two such
vehicles shall be permitted on any one parcel at the same time, no such
vehicle shall remain for more than seven days in any one calendar month,
and the camping and any associated equipment and personal property shall
be kept within the vehicle at all times;
(3) Inside a licensed and registered motor vehicle located on an off-street
driveway of a lawfully existing residence with the written consent of the owner
and occupant of the residence, where the driver/occupant of such vehicle is
in possession of a valid driver's license, provided that no more than one
vehicle shall be permitted on any one parcel; no parcel shall be used for
camping under this provision for more than seven days during any one
calendar month; and the camping and any associated equipment and
personal property shall be kept within the vehicle at all times, except as
allowed pursuant to paragraph (1) of this subsection;
(4) Inside of a licensed and registered motor vehicle in a parking lot on the site
of a lawfully existing parcel in a P-F (Public Facilities) zoning district with the
written consent of all establishments on the property and the property owner,
where the driver/occupant of such vehicle is in possession of a valid driver's
license, provided that:
The total number of such vehicles permitted on any one parcel
at the same time shall be the lesser of twenty vehicles or thirty
percent of the total existing parking spaces;
ii. The parcel shall have restroom facilities open for use of the
occupants of such vehicles at all times while camping is
occurring;
iii. The camping and any associated equipment and personal
property shall be kept within the vehicle at all times; and
Page 3
iv. The owner of the property or the owner's agent shall advise the
City's Building Division of the camping prior to its
commencement, and of the beginning and any ending dates of
such camping;
(5) Camping permitted under this subsection shall not be conducted in such a
manner as to create noise, inadequate sanitation, litter or in such a manner
as to constitute a nuisance pursuant to Campbell Municipal Code section
6.10.020; nor where the camping is of such frequency, intensity or duration
as to constitute a use of land prohibited by any provision of Title 21 of this
Code or any conditions of approval lawfully applicable to the parcel on which
the camping would occur; nor where the camping activity would be prohibited
under any other provision of this Code concerning use of vehicles or
accessory structures; nor where the camping activity would impede safe entry
to or exit from existing structures; nor where any fee, charge or other
monetary consideration is collected for the privilege of camping or for any
services or the use of any facilities related thereto; nor where the covenants,
conditions and restrictions of a duly organized homeowners association
would prohibit the activity in the residential area subject to the covenants,
conditions and restrictions.
6.40.030 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
No person shall store personal property on any public property within the City, except as
otherwise authorized by this code.
6.40.040 ENFORCEMENT PROCEDURES
(a) No officer shall issue a citation, make an arrest or otherwise enforce the camping
provisions of this Chapter against any person unless:
(1) The officer first orally requests or orders the person to refrain from the
alleged violation of this section;
(2) If the person fails to comply after receiving the oral request or order, the
officer tenders a written warning stating that if the person fails to comply, he
or she may be cited or arrested for a violation of this section;
(3) If the person refuses to cooperate after receiving the oral and written
warning, the officer may proceed to arrest or cite the person for a violation
of this section.
(b) Where individuals are not present to remove unattended property stored in
violation of section 6.40.030, the area shall be posted at least seventy-two hours
before such property is removed, provided that if the unattended property is
located within a public right-of-way in such a manner as to impede normal
Page 4
pedestrian or traffic movement or present an imminent threat to the public safety,
such notice shall not be required. The notice shall contain the following
information:
(1) The date and time that the notice was posted;
(2) The date and time when the items will be removed; and a statement that
items remaining at that date and time will be removed;
(3) A citation to this Code section or any other provision of law authorizing
the removal;
(4) A description of the location from which items will be removed;
(5) A brief statement of the reason for the removal;
(6) The location where property may be reclaimed; and a brief statement as
to how property can be reclaimed;
(7) The date on which items will be deemed finally abandoned and disposed
of; and
(8) Contact information, including a telephone number, where individuals
can obtain more information.
The property shall thereafter be removed and stored by the City in a manner
consistent with applicable state and federal law, except that nothing in this
subsection shall require the City to store perishable items. Owners of personal
property shall have ninety days to recover such property, after which time the
City may dispose of the property.
6.40.050 VIOLATIONS
(a) It is unlawful for any person, firm, corporation or other entity to violate any
provision, or fail to comply with any mandatory requirement of this Chapter. Except
as otherwise provided in subsection (b) of this section, any person, firm,
corporation or other entity violating any provision, or failing to comply with any
mandatory requirement of this chapter is guilty of an infraction, and upon
conviction shall be published by a fine of not more than one hundred dollars.
(b) Notwithstanding any provision to the contrary, any person, firm or corporation
committing any act made unlawful pursuant to this Chapter shall be guilty of a
misdemeanor, and upon conviction shall be punished by a fine of not more than
one thousand dollars and/or imprisonment of not more than six months, if any of
the following circumstances exists:
Page 5
(1) The violation was committed willfully or with knowledge of its illegality;
(2) The violator does not cease, or otherwise abate the violation after receiving
notice of such violation within the time specified in the notice;
(3) The violator has previously been convicted of violating the same provision
of this chapter within two years of the currently charged violation; or
(4) The provision violated specifies that such violation shall be a misdemeanor.
(c) Each person, firm, corporation or other entity violating any provision, or failing
to comply with the mandatory requirements of this chapter shall be deemed guilty
of a separate offense for each and every day during any portion of which any
violation of any provision of this chapter is committed, continued, or permitted by
such person, firm, corporation or other entity, and shall be punishable as provided
in this section.
6.40.060 Exception and Affirmative Defense
(a) Notwithstanding any other provision of this Chapter, no person shall be
criminally prosecuted for sleeping outdoors on public property if there is no
available place within the City at that time where the person can lawfully sleep.
(b) It shall be an affirmative defense to any criminal prosecution of sleeping
outdoors on public property in violation of this of this Chapter if anyone subject
to such prosecution proves by a preponderance of the evidence that at the time
of the offense there was no available place within the City where the person
could lawfully sleep.
(c) In order for a space to be "available," as used in this section, the space must
not only be physically open for lawful use for sleeping, but must also be made
available on such terms as conditions as the person charged with the violation
could satisfy at the time of the offense.
(d) The provisions of this section shall not apply to any public property located
within or adjoining a portion of the City covered by a residential zoning
designation on the official zoning map of the City.
SECTION 2. Section 13.04.150 of the Campbell Municipal Code "Camping" is hereby
amended to read as follows with strike throughs (strobe three h6) indicating deleted text,
and underlying (underlining) indicating added text:
Page 6
13.04.150 - Camping.
No person shall set up campsites with camping equipment or camp in any Ceity
park without writteR nlearanGe from the recreation and GOMM unity seryinoc
d+FeEt r, except for events sponsored by the Recreation and Community Services
Department pursuant to subsection (a) of Campbell Municipal Code section
6.40.020.
SECTION 3. Section 18.04.040 of the Campbell Municipal Code "Camp Cars and/or Auto
Trailers" is hereby deleted from Title 18 "Building Codes and Regulations."
SECTION 4. Section 21.28.120 of the Campbell Municipal Code "Recreational Vehicle
Parking" is hereby amended to read as follows with strike throughs (stFil e threugh )
indicating deleted text, and underlying (underlining) indicating added text:
21.28.120 - Recreational vehicle parking.
A. Requirements. Recreational vehicles may be parked in residential zoning districts only
in compliance with the following requirements:
4- A. Recreational vehicles shall be parked on private property and shall not be parked on
or over, a public sidewalk or within the publiG right of way;
B. Recreational vehicles shall not be parked within the public right-of-way when signage
has been posted prohibiting such parking;
2 C. Recreational vehicles shall be parked on a paved surface;
3 D. Recreation vehicles shall not impede safe entry to or exit from any residential
structure and shall not inhibit emergency access to and from any structure;
-4 E. Recreational vehicles shall not be used for camping purposes, except in compliance
with the provisions of Chapter 6.40 of the Campbell Municipal Code URIess etheRgise
approved by the build"Rg OffiGial.
SECTION 5. Subsection R of Campbell Municipal Code Section 21.70.020 is hereby
amended by adding the following definition between the definition for "radio station" and
"recreation land:"
"Recreational vehicle" means the same as set forth in California Health and Safety Code
section 18010, as that section exists and may be amended and decodified in the future.
Page 7
SECTION 6. Subparagraph (Q) of paragraph (6) of subsection (a) of Campbell Municipal
Code section 6.10.020 is hereby amended to read as follows with strike throughs (sires
throughs) indicating deleted text, and underlying (underlining) indicating added text-
(Q) A violation of any of the provisions of Campbell Municipal Code Chapters 5.24, 5.28,
5.29, 5.30, 5.36, 5.48, 5.58, 6.11, 6.20, 6.30, 6.40, 8.34, 8.38, 8.40, 11.04, 11.08, 11.12,
11.16, 11.32, 13.04, or 14.02,
SECTION 7. If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid, such decision or decisions shall not affect the validity of
the remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each section, subsection, sentence, clause and phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
SECTION 8. This ordinance shall become effective thirty (30) days following its passage,
and shall be published one time within fifteen (15) days upon passage and adoption in
the Campbell Express, a newspaper of general circulation in the City of Campbell, County
of Santa Clara.
PASSED AND ADOPTED this 15t" day of October, 2019 by the following roll call vote:
AYES:
Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES:.
Councilmembers: None
ABSENT:
Councilmembers: None
ATTEST:
I- Zj
' jzndz
Wendy Wjod, City Clerk
APPROVED:
it
Richard M.' Waterman, Mayor
Page 8