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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