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HomeMy WebLinkAbout2025-09-30; City Council; 06; Update on the Police Department’s Enforcement Efforts on Unlawful Camping in Vehicles, Oversized Vehicles and Other Parking ViolationsCA Review JRT Meeting Date: Sept. 30, 2025 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Shaun Lawton, Lieutenant shaun.lawton@carlsbadca.gov, 442-339-2288 Jason Arnotti, Lieutenant jason.arnotti@carlsabdca.gov, 442-339-5554 Subject: Update on the Police Department’s Enforcement Efforts on Unlawful Camping in Vehicles, Oversized Vehicles and Other Parking Violations Districts: All Recommended Action Receive an update on the Police Department’s enforcement efforts on unlawful camping in vehicles, oversized vehicles and other illegal parking violations. Executive Summary The City of Carlsbad continues to experience challenges with oversized vehicles, unlawful camping in vehicles and other illegal parking violations that impact quality of life and community safety. The Police and Housing & Homeless Services departments have been working together on a balanced approach to help people experiencing homelessness secure housing while enforcing city laws that prohibit illegal parking and camping in vehicles in public spaces. Enforcement for these issues is guided by the Carlsbad Municipal Code and California state law. This report is intended to inform the City Council about enforcement efforts since the City Council amended the Municipal Code last March to prohibit camping in vehicles in public spaces such as parks, beaches and city-owned property and parking lots. This report also provides an overview of the enforcement of oversized vehicles and other parking violations. Explanation & Analysis Unlawful camping in vehicles The City Council amended the Carlsbad Municipal Code on March 18, 2025, to address quality- of-life concerns related to homelessness and people living in vehicles. The law, Ordinance No. CS-487, amended Municipal Code Section 8.36 to prohibit camping in public spaces, including in vehicles. Enforcement of this prohibition requires the person to have access to adequate Sept. 30, 2025 Item #6 Page 1 of 7 temporary shelter and willfully refuse such shelter. The law took effect 30 days later, on April 18, 2025. Municipal Code Section 8.36 is provided as Exhibit 1. Before enforcement began, the Police Department’s Homeless Outreach Team conducted public outreach to inform individuals living in vehicles about the new law and to provide them with available resources. The education period, which took place between the adoption of the municipal code on April 18, 2025, and July 31, 2025, has now ended. After these educational efforts, the Police Department conducted multiple special operations, which resulted in the following: •32 written warnings (does not include verbal warnings) •29 citations •13 vehicles towed •5 arrests It is important to note that enforcement varies depending on the situation. For example, an officer may contact someone sleeping in their vehicle who has an outstanding warrant. That individual may then be booked into jail, but that will not result in a citation for unlawful camping. Similarly, a citation cannot be issued unless direct contact is made with the person in the vehicle — for instance, an officer can’t issue a citation if an individual refuses to open their door. In that case, officers generally will use another municipal code section to conduct enforcement if a violation is noted. Oversized vehicle parking violations and illegal parking violations Parking enforcement in Carlsbad employs a layered approach, with police officers, community service officers and the Senior Volunteer Patrol each playing a role. The Carlsbad Police Department issued a total of 7,786 parking citations and warnings from Jan. 1-Sept. 1, 2025. The department’s efforts focused on violations that impact safety, accessibility and quality of life. Citations and warnings issued by officers Violation Jan - March April - June Jul - Sept 1 Oversized vehicle 59 47 131 Timed parking 193 161 85 Street sweeping 362 445 195 Unregistered vehicles 157 176 100 No parking zones 45 74 127 72-hour violations 20 57 33 Other violations 219 482 327 Totals 1,055 1,442 1,098 Timed parking enforcement shows that the highest concentration of violations occurs on State Street, Grand Avenue, Beech Avenue, Christiansen Way and Oak Avenue. Sept. 30, 2025 Item #6 Page 2 of 7 Other violations Category Jan - March April - June July - Sept 1 Bike lane 20 71 61 Disabled parking space 44 80 54 Parking too close to crosswalk 10 46 19 Obstructing a hydrant 9 25 14 18+ inches from curb/wrong way 15 38 18 License plate issues 18 31 9 Not parked within the space 21 48 32 *Not all “other violations” are listed Senior Volunteer Patrol enforcement By integrating volunteers into this effort, the department expands its reach and enhances visibility without diverting sworn officers from higher-priority calls. Notices, warnings and citations by Senior Volunteer Patrol members Category Jan - Sep 1 72-hour parking violation notices 2,323 Expired registration warnings 900 Handicap warnings and citations 511 Parking too close to crosswalk warnings 457 Total 4,191 Most useful measure Notices for violating the city’s 72-hour parking limit continue to be the most effective tool in addressing abandoned vehicles and improving parking space turnover. Fiscal Analysis There is no fiscal impact from receiving this report. Next Steps The Police Department will continue its enforcement efforts on unlawful camping in vehicles, oversized vehicles, and other parking violations that impact traffic safety, curbside access, and the community’s character. Environmental Evaluation The proposed action is not a “project” as defined by California Environmental Quality Act Section 21065 and CEQA Guidelines Section 15378(b)(5) and does not require environment review under CEQA Guidelines Section 15060(c)(3) and 15061(b)(3), because the proposed action to report on enforcement efforts is an organizational or administrative government activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Any subsequent action or direction stemming from the proposed action may require preparation of an environmental document in accordance with CEQA or the CEQA Guidelines. Exhibits 1. Carlsbad Municipal Code, Chapter 8.36, Unlawful Camping, Fires on Public Property Sept. 30, 2025 Item #6 Page 3 of 7 CHAPTER 8.36 UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY §8.36.010. Purpose. Public places within the city should be readily accessible to residents and the public at large. The use of public places for camping can interfere with the rights of others to use these places for the purposes for which they were intended. Camping in these places can also endanger the public health and the environment when camping-related waste and human waste are disposed of improperly, particularly in environmentally sensitive areas, such as native habitat, open spaces and watercourses. Human presence in open spaces, other than on designated trails, can also increase the risk of wildfire danger and possible injuries to and from threatened wildlife. Additionally, camping on private outdoor property without permission of the owner or lessee interferes with the owner or lessee's property rights and desire to utilize the private outdoor property for lawful and authorized purposes. The purpose of this chapter is to maintain public places and private outdoor property within the city in a clean and accessible condition and to protect the public health, safety, and environment by ensuring that camping occurs only in those designated areas where appropriate provisions have been made for handling camping-related waste, food preparation, and fires. (Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021) §8.36.020. Definitions. As used in this chapter: "Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020. "Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility for living accommodations purposes such as sleeping activities, preparations to sleep (including the laying down of bedding for the purpose of sleeping), storing personal property, or making a campfire. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in these activities are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" does not include picnicking, sitting, lying, or sleeping in an outdoor area or in a camp facility that is not being used for living accommodations purposes. This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property, Trespass and Disorderly Conduct." "Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, living accommodations purposes, or carrying on cooking activities. "Camp facility" also includes a vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping or living quarters. "Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets, luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials. "City personnel" means the Police Department and its third-party contractors and any other city employees or third-party contractors designated by the City Manager. City of Carlsbad, CA § 8.36.010 § 8.36.020 Downloaded from https://ecode360.com/CA4913 on 2025-09-24 Exhibit 1 Sept. 30, 2025 Item #6 Page 4 of 7 "Highway" means a way or place of whatever nature, publicly maintained and open to public use for purposes of vehicular travel. "Open space" means any parcel of land or water which is unimproved and devoted to an open space use, and which is designated as an Open Space Zone in Title 21 of this code. "Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010. "Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped. "Person" is defined as any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights or duties. "Personal property" includes the following items: "Public place" means any property in the city-owned, leased, licensed, or operated by a public entity that is accessible to the public, including any of the following: parks, beaches, alleyways, parking lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space, sidewalks, curbs, and public educational institutions. "Shelter" means a structure designed to provide homeless persons and unstably housed individuals with overnight sleeping accommodations and relief from the elements. The "shelter" may offer meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include a safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation, for pedestrian travel. "Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put in place or leave in a particular place, whether attended or unattended. "Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in the city dedicated and open to public use, or such other public property so designated by state law. "Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. Medication, medical devices, eyeglasses, or other prescription lenses; 1. Sleeping bag or bed roll which is sanitary and non-verminous; 2. Tents in usable and reasonably good condition; 3. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous; 4. Nonperishable food items; and 5. Personal property with an estimated individual fair market value of at least $50.00. 6. City of Carlsbad, CA § 8.36.020 § 8.36.020 Downloaded from https://ecode360.com/CA4913 on 2025-09-24Sept. 30, 2025 Item #6 Page 5 of 7 "Unattended personal property" means no person is present with an item or items of personal property who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public place so that it may be appropriated by the next comer. Personal property is not considered "unattended" if a person is present with the personal property and the person claims ownership over the personal property. "Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. (Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021; Ord. CS-487, 3/18/2025) § 8.36.030. Unlawful camping. (Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021) A. Public Property. 1. It is unlawful for any person to: a. Camp or sleep in open space at any time. b. Camp or sleep upon any public street, public park, public beach, or other public place, except in areas which have been specifically posted, designated, or permitted for such purposes, if the person has access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to them for free, and the person willfully refuses such shelter for any reason unrelated to the exercise of a state or federal constitutional right. 2. It is not the intent of this section to prohibit lawful protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity. B. Private Property. 1. It is unlawful for any person to camp on any private outdoor property without the express written or verbal permission of the owner or lessee of such property. 2. This subsection is not intended to: a. Prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents to the camping activity. b. Prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes. c. Prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by Title 21 of this code or other applicable laws, ordinances and regulations. C. The City Manager or designee may issue a temporary permit to allow camping on public or private property in connection with special events (Chapter 8.17) or emergency services (Chapter 6.04). City of Carlsbad, CA § 8.36.020 § 8.36.040 Downloaded from https://ecode360.com/CA4913 on 2025-09-24Sept. 30, 2025 Item #6 Page 6 of 7 § 8.36.040. Fires and cooking on public property. (Ord. CS-405 § 2, 2021) § 8.36.050. Storage of personal property in public places. (Ord. CS-405 § 2, 2021) § 8.36.060. Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. (Ord. CS-405 § 2, 2021) A. It is unlawful for any person to start or maintain any fire in a public place, except in such areas specifically designated by the City Manager or designee for such fires, including stoves, barbecue pits, and fire rings. B. It is unlawful for any person to cook food in a public place, except as otherwise allowed by this code or by license or permit, or except in locations specifically designated by the City Manager or designee. A. Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property, including camp facilities or camping implements, in a public place between the hours of 6:00 a.m. and 10:00 p.m., except as otherwise provided by this code or pursuant to a valid license or permit. This subsection is not intended to permit storage of personal property where otherwise prohibited by this code. B. Property Removal. City personnel may remove and store personal property that is unlawfully stored, unattended, or otherwise found in an unlawful encampment pursuant to applicable written and publicly available police department policies and procedures. C. Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with, resist, delay, or otherwise obstruct city personnel from moving, removing, impounding, or discarding personal property pursuant to Section 8.36.050(B). City of Carlsbad, CA § 8.36.040 § 8.36.060 Downloaded from https://ecode360.com/CA4913 on 2025-09-24Sept. 30, 2025 Item #6 Page 7 of 7 Adriana Trujillo From: Sent: To: Subject: Dear Mayor & Council, michael ajdour < michaelajd@yahoo.com > Monday, September 29, 2025 12: 15 PM City Clerk Item 6 on 9/30/25 agenda All Receive -Agenda Item # i::;;, For the Information of the: CITY COUNCIL Date 'f/J.1/ffCA _:::::t.C L--- CM v ACM _-OCM (3)..:::::: From my perspective, the area around Chase Field & Pine Park has improved slowly but significantly. Big thanks to Shaun Lawton for his tenacity on this. Sincerely, Julie Ajdour Sent from Yahoo Mail on Android en attachments or click on links unless ou recognize the sender and know the content i 1 Adriana Trujillo From: Sent: To: Subject: Mayor, Council, and Staff, Teri Jacobs <tjacobs86@pacbell.net> Tuesday, September 30, 2025 10:14 AM City Clerk 9/30 Council Agenda Item #6 All Receive -Agenda Item # ~ For the Information of the: ITY COUNCIL Dat CA ~CC ~ CM_ACM _H,c:M (3)...!::::- Thank you to Lt's Lawton and Arnotti for the information presented in the agenda packet. Thank you also to Captain Smith, Lt. DeVelasco, and Sgt. Melissa Zavala for facilitating the community meeting pertaining to this issue. Finally, thank you's to Council Member Burkholder, City Manager Patnoe, Asst. City Manager Cobian, Police Chief Calderwood, the entire HOT Team, our Housing and Homeless Dept. and service providers! The areas of concern appear to have improved; however, some vehicles have merely moved to other less visible areas. Hopefully, they have been contacted and are awaiting assistance provided by the grant awarded to the city. The issue remains that there are those that choose an urban camping lifestyle and take advantage of our city's hospitality. The streets of Carlsbad and the Village Coaster Station were not intended to be campgrounds . I have complete confidence that areas of concern are being monitored by CPD and those needing assistance will accept it. My question is what becomes of those that refuse services? Regards, Teri Jacobs Resident Dist 1 Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Enforcement Efforts on Unlawful Camping in Vehicles, Oversized Vehicles and Other Parking Violations Shaun Lawton, Police Lieutenant Jason Arnotti, Police Lieutenant Sept. 30, 2025 1 TODAY’S PRESENTATION Overview of the City’s Vehicle Camping Ordinance Summarize education, enforcement and outreach efforts Review citywide parking enforcement Outline future strategies and next steps 2 ITEM 6: UNLAWFUL VEHICLE CAMPING The City of Carlsbad continues to face challenges with oversized vehicles, unlawful camping in vehicles, and other illegal parking violations, which impact quality of life and community safety. OVERVIEW 3 ITEM 6: UNLAWFUL VEHICLE CAMPING ITEM 6: UNLAWFUL VEHICLE CAMPING VEHICLE CAMPING ORDINANCE TIMELINE March 25, 2025 City Council adopted Municipal Code No. CS-487, amending chapter 8.36 Warning & Education Period June 12, 2025 Enforcement began April 18, 2025 The ordinance became effective with a warning period 5 Mar 2025 Sept 2025 OBJECTIVES Community Concerns Compassion & Support for Individuals in Need Public Access & Safety 6 ITEM 6: UNLAWFUL VEHICLE CAMPING ENFORCEMENT APPROACH 1. The city continues its approach of first offering shelter and services prior to citing a person. 2. If services are refused, the city’s Homeless Outreach Team officers then can issue warnings. 3. If the unlawful behavior continues, citations are an available tool for officers to use. 7 ITEM 6: UNLAWFUL VEHICLE CAMPING ENFORCEMENT APPROACH & RESULTS Enforcement Drivers: Respond to community complaints and conduct proactive patrols Team Effort: Homeless outreach officers, parking enforcement officers and Housing & Homeless Services Department work together 8 ITEM 6: UNLAWFUL VEHICLE CAMPING 9 ITEM 6: UNLAWFUL VEHICLE CAMPING Citations 32 Warnings 40 13 Vehicle tows 5 Arrests ENFORCEMENT RESULTS SINCE JUNE 2025 •Citation must be issued to an individual •Other options available to the officer: •Parking citations •Other Municipal codes •Vehicle/ Penal codes •72 Hour parking notice NAVIGATING ENFORCEMENT 10 ITEM 6: UNLAWFUL VEHICLE CAMPING CITYWIDE PARKING ENFORCEMENT 11 ITEM 6: UNLAWFUL VEHICLE CAMPING Jan. 1 – Sept. 1, 2025 CITYWIDE PARKING ENFORCEMENT Professional Staff Enforcement Summary Category Q1 Q2 July - Sept 1 Timed Parking 193 161 85 Street Sweeping 362 445 295 Unregistered Vehicles 157 176 100 No Parking Zones 45 74 127 72-Hour Violations 20 57 33 Oversized Vehicles 59 47 131 Other Violations 219 482 327 Total Citations/Warnings 1,055 1,442 1,098 12 ITEM 6: UNLAWFUL VEHICLE CAMPING CITYWIDE PARKING ENFORCEMENT Other Violations Highlights* Category Q1 Q2 July - Sept 1 Bike Lane 20 71 61 Disabled Parking 44 80 54 Daylighting (AB 413)10 46 19 Hydrant Obstruction 9 25 14 18” from Curb/Wrong Way 15 38 18 Tabs/Plate Issues 18 31 9 Not Parked in Space 21 48 32 *Not all “other violations” are listed 13 ITEM 6: UNLAWFUL VEHICLE CAMPING Senior Volunteer Patrol Summary Category Jan – Sept 1 72-Hour Parking Violation Notices 2,323 Expired Registration Warnings 900 Handicap Warnings and Citations 511 AB 413 Daylighting Warnings 457 Total 4,191 CITYWIDE PARKING ENFORCEMENT 14 ITEM 6: UNLAWFUL VEHICLE CAMPING NEXT STEPS •Address violations that impact mobility and curbside access, particularly in high-demand zones •Monitor enforcement trends for the remainder of the calendar year and adjust as necessary •Collaborate with other city departments to prioritize outreach, engineering and enforcement efforts 15 ITEM 6: UNLAWFUL VEHICLE CAMPING QUESTIONS? 16 ITEM 6: UNLAWFUL VEHICLE CAMPING