HomeMy WebLinkAbout2000-05-09; City Council; 15728; Revise CMC 8.36 Prohibit Camping On Public PropIB# 15,728
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REVISION OF MUNICIPAL CODE 8.36 .
CITY ATTY. a2
RECOMMENDED ACTION:
Introduce Ordinance No. NS-542 amending Carlsbad Municipal Code Chapter 8.36 to
prohibit camping on public property except in areas which have been specifically authorized for such
activity.
ITEM EXPLANATION:
The proposed revision and amendment to Municipal Code 8.36 is required to bring the City’s
ordinance into compliance with current constitutional law.
The proposed language is modeled after a similar ordinance which has been upheld by the California
Supreme Court. Adoption will permit the City to continue to enforce a prohibition against camping on
public property in the City of Carlsbad.
FISCAL IMPACT:
No fiscal impact is anticipated.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this
amendment does not constitute a “project” within the meaning of CEQA and therefore, does not
require an environmental review.
EXHIBITS:
1. Ordinance No. ~~-542
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 8.36 OF THE
CARLSBAD MUNICIPAL CODE TO PROHIBIT CAMPING ON
PUBLIC PROPERTY, EXCEPT IN DESIGNATED AREAS
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6 The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Chapter 8.36 of the Carlsbad Municipal Code is amended in its entirety
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to read as follows:
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Sections:
8.38.010
8.38.020
8.36.030
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16 8.36.010 PURPOSE
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Public streets, public parks, public beaches and other public property within the
City should be readily accessible to residents and the public at large. The use of these
areas for camping can interfere with the rights of others to use these areas for the
purposes for which they were intended. Camping can also endanger the public health and
the environment when camping-related waste is disposed of improperly. The purpose of
this section is to maintain public streets, public parks, public beaches and other public
property within the City in a clean and accessible condition and to protect the public
health and environment by ensuring that camping occurs only in those areas where
appropriate provisions have been made for handling camping-related waste.
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8.36.020 DEFINITIONS
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As used in this section:
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ORDINANCE NO. Ns-542
CHAPTER 8.36
CAMPING ON PUBLIC PROPERTY
Purpose
Definition
Unlawful camping
(a)
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“Camp” means to use camp paraphernalia in an outdoor area or to erect or
occupy a camp facility.
“Camp facility,, includes a tent, hut, tarpaulin, or other temporary outdoor
shelter used for sleeping or living quarters. “Camp facility” also includes a
camper, motor home, recreational vehicle, or other vehicle while parked
and being used for sleeping or living quarters.
“Camp paraphernalia” includes cots, beds, hammocks, sleeping bags,
bedrolls, portable cooking equipment and similar gear.
8.36.030 Unlawful Camping
It is unlawful for any person to camp in or upon any public street, public park,
public beach, or other public property, except in areas which have been specifically
posted and designated for such purposes.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption
and the City Clerk shall certify the adoption of this ordinance and cause it to be published
at least once in a newspaper of general circulation in the City of Carlsbad within fifteen
days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the my 9th day of ,2000, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2000, by the following vote, to with:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
Al-l-EST:
LORRAINE M. WOOD, City Clerk
CLAUDE A. LEWIS, Mayor