HomeMy WebLinkAbout2021-09-28; City Council; ; Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to Homelessness and Public SpacesCA Review __MK____
Meeting Date: Sept. 28, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Marissa Kawecki, Deputy City Attorney
marissa.kawecki@carlsbadca.gov, 760-434-2891
Matt Magro, Assistant Police Chief
matt.magro@carlsbadca.gov, 760-931-2157
Subject: Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address
Quality of Life Concerns Related to Homelessness and Public Spaces
Districts: All
Recommended Action
Introduce the ordinance in:
•Exhibit 1A (ordinance as directed by the City Council),
•Exhibit 1B (Council-directed ordinance with cleanup language), or
•Exhibit 1C (alternative ordinance)
to amend Chapter 8.36, Section 8.28.050, and Section 8.44.040 and adding Chapters 8.34 and
8.38 to Title 8 of the Carlsbad Municipal Code to address quality of life concerns related to
homelessness and public spaces.
Executive Summary
During the Sept. 14, 2021, City Council meeting, staff gave a presentation concerning the
introduction of an ordinance to amend and add provisions to Title 8 of the Carlsbad Municipal
Code to address quality of life concerns related to homelessness and public spaces. At the
conclusion of the presentation, the City Council approved a motion directing staff to return with
a revised ordinance for introduction that eliminated the proposed Section 8.36.030(A)(1)
concerning day camping (see Exhibit 1D).
This staff report discusses the revised ordinance to be introduced as well as another option that
staff has prepared and recommends for the City Council’s consideration based on comments
and concerns raised during the Sept. 14, 2021, City Council meeting.
Discussion
On Sept. 14, 2021, staff proposed the introduction of a single ordinance that would amend
Chapter 8.36, Section 8.28.050, and Section 8.44.040 and add Chapters 8.34 and 8.38 to Title 8
of the Carlsbad Municipal Code to address quality of life concerns related to homelessness and
public spaces. The staff report for this agenda item is included as Exhibit 7.
Sept. 28, 2021 Item #9 Page 1 of 87
Following staff’s presentation of the ordinance for introduction, members of the City Council
voiced concerns with one of the public camping provisions of the proposed ordinance
regulating day camping (see Exhibit 1D, proposed Section 8.36.030(A)(1)). The City Council
subsequently directed staff to bring back a revised ordinance for introduction that eliminated
proposed Subsection 8.36.030(A)(1).
Ordinance as directed by the City Council
Exhibit 1A contains the ordinance revised in accordance with the City Council’s direction. The
passage below (contained in Exhibit 1D), illustrates this revision with the crossed-out language:
A. Public property
1. It is unlawful for any person to camp between the hours of 6 a.m. and 10
p.m. in or 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.
1. Notwithstanding Section 8.36.030(A)(1), It is unlawful for any person to:
a. Camp or sleep in open space at any time.
b. Camp or sleep at any time and in any location of the city if the person
realistically has access to temporary or permanent shelter where the person can
sleep and willfully refuses such shelter for any reason unrelated to the exercise of
a state or federal constitutional right. …
All other provisions in the ordinance are the same as staff presented to the City Council at the
September 14 meeting, including the prohibitions on:
• Camping on open space property
• Camping on private property
• Fires and cooking on public property
• Storage of personal property in public places
• Solicitation, distribution, and sales to persons in vehicles
• Other forms of solicitation
• Obstruction of property, trespassing, and disorderly conduct
• Possession and consumption of open alcohol containers
Council-directed ordinance with cleanup language
If the City Council is inclined to adopt the ordinance contained in Exhibit 1A, the City Attorney’s
Office recommends minor cleanup language to new Subsection 8.36.030(A)(1)(b) to avoid a
possible constitutional challenge for being overly broad and to track verbatim the language in
the Martin v. City of Boise case.1 This proposed ordinance can be found in Exhibit 1B.
1 This court decision determined that it is unconstitutional to charge someone with a crime for the unavoidable
conduct of being homeless, such as sitting, lying or sleeping in public, unless a jurisdiction has available shelter
space for the person or unless criminal laws restricting this conduct are tailored with time, place and manner
restrictions and certain other exceptions.
Sept. 28, 2021 Item #9 Page 2 of 87
This ordinance would make the following changes to the City Council directed version (Exhibit
1A):
It is unlawful for any person to: …
b. Camp or sleep at any time and in any location of the city 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 realistically has access to adequate temporary or
permanent shelter, where the person can sleep 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.
Alternative ordinance
Exhibit 1C contains an alternative ordinance for the City Council’s consideration that reflects
the City Council’s comments and concerns at its September 14 meeting, while also maximizing
the Police Department’s enforcement authority under current law. Here is the proposed
amended subsection with the pertinent language underlined:
A. Public property
1. It is unlawful for any person to camp in or 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. For enforcement of this section between 10:00 P.M. and 6:00
A.M., which may include enforcement of sleeping in public places during
these hours, the person must have 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. Notwithstanding Section 8.36.030(A)(1), it is unlawful for any person to
camp or sleep in open space at any time …
The language in this proposed ordinance begins with a clear, general prohibition on camping in
public places. While all three alternatives are legally sound, this option allows the city to
enforce unlawful camping in public places during the daytime hours, whether or not someone
has access to adequate temporary or permanent shelter and refuses such shelter. The other
two proposed ordinances (Exhibits 1A and 1B) require an individual to have access to adequate
temporary shelter and to refuse such shelter before they could be cited during both the
daytime and the evening hours. Additionally, the wording of this ordinance more accurately
reflects the Police Department’s current enforcement practices in light of Martin v. Boise, which
could be codified through this ordinance.
Sept. 28, 2021 Item #9 Page 3 of 87
Options
1. Introduce either the ordinance revised as directed by the City Council (Exhibit 1A) or the
version with additional clean up language (Exhibit 1B). Both are consistent with the City
Council’s approved motion at the September 14 meeting, and both eliminate the provision
prohibiting camping on public property during the daytime hours only.
Pros
• The ordinance would be enforceable under Martin v. Boise at all times of day, with
an enforcement limitation.
• The ordinance would regulate both camping and sleeping in public places at all times
of day, with an enforcement limitation.
Cons
The enforcement limitation would be that the Police Department would be unable to cite
someone under the ordinance unless the individual has access to adequate temporary
shelter (which may include a shelter bed space or a hotel voucher) and refuses such shelter.
2. Introduce staff’s alternative proposed ordinance (Exhibit 1C), which contains replacement
language for camping on public property.
Pros
• The wording of the ordinance makes the general rule clear: “[i]t is unlawful for any
person to camp in or 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.”
• The ordinance would be enforceable under Martin v. Boise at all times of day, and
officers could cite violators during the daytime hours even if there are no alternative
temporary shelter options available, such as shelter bed space or hotel vouchers.
• Both camping and sleeping in public places during the nighttime hours would be
prohibited under the ordinance, so long as the contacted individual has access to
adequate temporary shelter, which may include a shelter bed space or hotel
voucher, and refuses such shelter.
Cons
• Different enforcement tools would be available during the daytime versus the
evening hours.
• The ordinance would regulate camping in public places during the daytime hours but
would not regulate sleeping in public places during the daytime hours.
3. Do not introduce either ordinance
Pros
Keeping the city’s ordinances as-is might minimize concerns with the following claims:
• The new ordinance may disproportionately affect unsheltered persons.
• The city cannot control the outcome of a criminal case once filed; not every case will
result in a finding of guilt.
• Citations can create legal and financial barriers for people trying to exit the cycle of
homelessness.
Sept. 28, 2021 Item #9 Page 4 of 87
• Some homeless people may have difficulty complying with the unlawful camping and
storage of property ordinances during the daytime hours because of a lack of public
storage facilities and shelter resources.
Cons
If none of the ordinances offered are adopted, the city misses out on these benefits:
• Citations for a city ordinance, as opposed to Penal Code citations, provide the Police
Department with a more tailored enforcement option to address these quality of life
issues at the infraction and misdemeanor level.
• These changes in the municipal code address concerns the community expressed
during district townhall meetings related to homelessness.
• The ordinance complements the homeless resources authorized by the City Council
at its March 23, 2021, meeting, including the hotel voucher program.
• Misdemeanor cases could result in plea offers that require stay-away orders and
contacts with homeless services providers as a condition of probation. Stay-away
orders could alleviate the proliferation of encampments in ecologically sensitive
areas such as waterways and native habitat areas, as well as in city parks and parks
frequented by the public.
Staff recommend the City Council pursue Option 2 to maximize the Police Department’s overall
enforcement capacity for quality of life offenses. Staff believes that increasing enforcement
capacity will assist in achieving the Council goal of reducing the unsheltered homeless
population by 50% for those who want help.
Fiscal Analysis
None of the proposed ordinances should have an appreciable fiscal impact. It is difficult to
predict whether enforcement of the new provisions not previously in our municipal code—
unlawful camping on private property, storage of private property in public places, obstruction,
trespass and open containers of alcohol in Pine Avenue Community Park and Pine Park — will
impact overall police calls for service. Enforcement costs for unlawful public camping offenses
will remain substantially the same, because the ordinance amendments essentially codify
existing Police Department policies.
Next Steps
If one of the ordinance versions is introduced by the City Council, the City Clerk’s Office will
prepare it for adoption at the next regular City Council meeting. Once it is adopted, the City
Clerk’s Office will publish the ordinance or a summary of the ordinance in a newspaper of
general circulation within 15 days. The ordinance will be effective 30 days following its
adoption. Staff will provide updates, as appropriate, on the implementation of this ordinance in
the quarterly updates for the City Council’s goal to “reduc[e] the unsheltered homeless
population by 50%, among those who want help, within the next five years.”
The Police Department, its Homeless Outreach Team and the City Attorney’s Office will
continue to use available resources and the different enforcement options available to address
community concerns on this important issue.
Sept. 28, 2021 Item #9 Page 5 of 87
Environmental Evaluation
In keeping with California Public Resources Code Section 21065, this action does not constitute
a “project” within the meaning of the California Environmental Quality Act in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1A. Ordinance for introduction striking the initially proposed prohibition on camping on
public property during the daytime hours only, as directed at the September 14, 2021,
City Council meeting
1B. Ordinance for introduction striking the initially proposed prohibition on camping on
public property during the daytime hours only, as directed at the Sept. 14, 2021, City
Council meeting, and incorporating minor clean up language
1C. Alternative ordinance for introduction containing replacement language for camping on
public property
1D. Ordinance presented for introduction at the Sept. 14, 2021 City Council meeting
2A. Version of Chapter 8.36 showing revisions as between the currently codified version and
Exhibit 1A (strikeout of Subsection 8.36.030(A)(1))
2B. Version of Chapter 8.36 showing revisions as between the currently codified version and
Exhibit 1B (strikeout of Subsection 8.36.030(A)(1))
2C. Version of Chapter 8.36 showing revisions as between the currently codified version and
Exhibit 1C (replacement language for Subsections 8.36.030(A)(1) and (A)(2))
3. Version of Section 8.28.050 showing revisions
4. Version of new Chapter 8.34 showing revisions
5. Version of new Chapter 8.38 showing revisions
6. Version of Section 8.44.040 showing revisions
7. Staff Report from the Sept. 14, 2021 City Council meeting
Sept. 28, 2021 Item #9 Page 6 of 87
EXHIBIT 1A
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTERS 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusual punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinance could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an interest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
Sept. 28, 2021 Item #9 Page 7 of 87
EXHIBIT 1A
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WHEREAS, as to proposed Chapter 8.34 entitled “Solicitation,” this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members’
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1. The above recitations are true and correct.
Section 2. That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
follows:
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010 Purpose.
8.36.020 Definitions.
8.36.030 Unlawful camping.
8.36.040 Fires and cooking on public property.
8.36.050 Storage of personal property in public places.
8.36.060 Severability.
Sept. 28, 2021 Item #9 Page 8 of 87
EXHIBIT 1A
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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.
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 camp
fire. 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 and Trespass.”
“Camp facility” means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
“Camping implements” means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, 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.
“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 the Zoning Ordinance (Title21).
“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.
Sept. 28, 2021 Item #9 Page 9 of 87
EXHIBIT 1A
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“Personal property” includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
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 at any time and in any location of the city if the person realistically has
access to temporary or permanent shelter where the person can sleep and willfully
Sept. 28, 2021 Item #9 Page 10 of 87
EXHIBIT 1A
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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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property.
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.
8.36.050 Storage of personal property in public places.
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 a.m.
and 10 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).
Sept. 28, 2021 Item #9 Page 11 of 87
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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.
Section 3: That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
follows:
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. Except as permitted by Section 8.28.050(B), it is unlawful for any person, while on a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk’s office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B
attached to the ordinance codified in this chapter and found on file in the city clerk’s office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.050(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
Chapter 8.34
SOLICITATION
Sections:
8.34.010 Purpose.
8.34.020 Definitions.
8.34.030 Aggressive solicitation prohibited.
8.34.040 Solicitation of motor vehicles and in parking lots.
8.34.050 Entering private property for the purpose of sale without permission.
8.34.060 Restriction on hours.
8.34.070 Severability.
Sept. 28, 2021 Item #9 Page 12 of 87
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8.34.010 Purpose.
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
Sept. 28, 2021 Item #9 Page 13 of 87
EXHIBIT 1A
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B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials in any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:
1. Solicitations related to business which is being conducted on the subject premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words “no solicitors,” “no peddlers,” or other similar words, at or
near the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to any structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 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.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Sections:
Sept. 28, 2021 Item #9 Page 14 of 87
EXHIBIT 1A
9
8.38.010 Purpose.
8.38.020 Definitions.
8.38.030 Unlawful obstruction of property.
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050 Disorderly conduct.
8.38.060 Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the public from frequenting those areas. This, in turn,
contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate
that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
“Loitering” is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
Sept. 28, 2021 Item #9 Page 15 of 87
EXHIBIT 1A
10
B. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open to
the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person’s
lawful discharge or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person’s safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer’s duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively reasonable person standard, in any public
place or any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person’s lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person’s lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
Sept. 28, 2021 Item #9 Page 16 of 87
EXHIBIT 1A
11
8.38.060 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.
Section 6: That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as
follows:
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk café or curb café that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
Sept. 28, 2021 Item #9 Page 17 of 87
EXHIBIT 1A
12
EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk’s Office 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day
of , 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of , 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 28, 2021 Item #9 Page 18 of 87
EXHIBIT 18
ORDINANCE NO. CS-405
AN ORDINANCE OF . THE CITY COUNCIL OF THE CllY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTER~ 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusuai punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any t ime or at any place; nor does it prohibit cities from regulat ing
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinance could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an interest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
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Sept. 28, 2021 Item #9 Page 19 of 87
EXHIBIT 18
WHEREAS, as to proposed Chapter 8.34 entitled "Solicitation," this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased.calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members'
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1.
Section 2.
follows:
The above recitations are true and correct.
That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
Purpose.
Definitions.
Unlawful camping.
Fires and cooking on public property.
Storage of personal property in public places.
Severability.
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Sept. 28, 2021 Item #9 Page 20 of 87
EXHIBIT 18
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.
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 camp
fire. 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 sha ll not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."
"Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
"Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, 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.
"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 the Zoning Ordinance (Title21).
"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.
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EXHIBIT 18
"Personal property" includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
"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.
"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. lndicia 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.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to:
a. Camp or sleep in open space at any t ime.
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
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Sept. 28, 2021 Item #9 Page 22 of 87
EXHIBIT 18
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 ot her purposes.
c. Prohibit or make unlawful, activities of a property owner or other lawful user if such
activities are expressly authorized by the Zoning Ordinance (Title 21) 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).
8.36.040 Fires.and cooking on public property.
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.
8.36.050 Storage of personal property in public places.
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 a.m.
and 10 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 8.36.0S0(B).
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EXHIBIT 1B
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.
Section 3:
follows:
That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. Except as permitted by Section 8.28.0S0(B), it is unlawful for any person, while on ·a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk's office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exh_ibit B
attached to the ordinance codified in this chapter and found on file in the city clerk's office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.0SO(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
Sections:
8.34.010
8.34.020
8.34.030
8.34.040
8.34.050
8.34.060
8.34.070
Purpose.
Definitions.
Chapter 8.34
SOLICITATION
Aggressive solicitation prohibited.
Solicitation of motor vehicles and in parking lots.
Entering private property for the purpose of sale without permission.
Restriction on hours.
Severability.
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EXHIBIT 1B
8.34.010 Purpose.
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
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EXHIBIT 18
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials in any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(8) sh all not apply to any of the following:
l. Solicitations related to business which is being conducted on the subject premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words "no solicitors," "no peddlers," or other similar words, at or
near the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to any structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 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.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Sections:
8
Sept. 28, 2021 Item #9 Page 26 of 87
Pur.pose.
Definitions.
Unlawful obstruction of property.
EXHIBIT 1B
8.38.010
8.38.020
8.38.030
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050
8.38.060
Disorderly conduct.
Sever.ability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the public from frequenting those areas. This, in turn,
contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate
that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
"Loitering" is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
9
Sept. 28, 2021 Item #9 Page 27 of 87
EXHIBIT 1B
8. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open to
the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person's
lawful discharge or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person's safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer's duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively reasonable person standard, in any public
place or any place open to the patronage of the public.
8. It is unlawful for a person to commit any of the acts specified in Section 8.38.0S0{A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person's lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person's lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
10
Sept. 28, 2021 Item #9 Page 28 of 87
EXHIBIT 1B
8.38.060 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.
Section 6:
follows:
That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
8. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk cafe or curb cafe that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
11
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EXHIBIT 1B
EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk's Office 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 28th day
of September 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of ____ _, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
12
Sept. 28, 2021 Item #9 Page 30 of 87
EXHIBIT 1C
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTERS 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusual punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinance could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an interest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
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EXHIBIT 1C
2
WHEREAS, as to proposed Chapter 8.34 entitled “Solicitation,” this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members’
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1. The above recitations are true and correct.
Section 2. That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
follows:
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010 Purpose.
8.36.020 Definitions.
8.36.030 Unlawful camping.
8.36.040 Fires and cooking on public property.
8.36.050 Storage of personal property in public places.
8.36.060 Severability.
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EXHIBIT 1C
3
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.
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 camp
fire. 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 and Trespass.”
“Camp facility” means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
“Camping implements” means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, 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.
“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 the Zoning Ordinance (Title21).
“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.
Sept. 28, 2021 Item #9 Page 33 of 87
EXHIBIT 1C
4
“Personal property” includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to camp in or 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. For enforcement of this section between 10:00 P.M. and 6:00
A.M., which may include enforcement of sleeping in public places during these hours, the
person must have access to adequate temporary shelter, whether because they have the
Sept. 28, 2021 Item #9 Page 34 of 87
EXHIBIT 1C
5
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. Notwithstanding Section 8.36.030(A)(1), it is unlawful for any person to camp or sleep in open
space at any time.
3. 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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property.
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.
8.36.050 Storage of personal property in public places.
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 a.m.
and 10 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.
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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).
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.
Section 3: That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
follows:
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. Except as permitted by Section 8.28.050(B), it is unlawful for any person, while on a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk’s office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B
attached to the ordinance codified in this chapter and found on file in the city clerk’s office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.050(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
Sept. 28, 2021 Item #9 Page 36 of 87
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Chapter 8.34
SOLICITATION
Sections:
8.34.010 Purpose.
8.34.020 Definitions.
8.34.030 Aggressive solicitation prohibited.
8.34.040 Solicitation of motor vehicles and in parking lots.
8.34.050 Entering private property for the purpose of sale without permission.
8.34.060 Restriction on hours.
8.34.070 Severability.
8.34.010 Purpose.
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
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B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials in any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:
1. Solicitations related to business which is being conducted on the subject premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words “no solicitors,” “no peddlers,” or other similar words, at or
near the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to any structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
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8.34.070 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.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Sections:
8.38.010 Purpose.
8.38.020 Definitions.
8.38.030 Unlawful obstruction of property.
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050 Disorderly conduct.
8.38.060 Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the public from frequenting those areas. This, in turn,
contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate
that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
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“Loitering” is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
B. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open to
the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person’s
lawful discharge or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person’s safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer’s duties; or
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5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively reasonable person standard, in any public
place or any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person’s lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person’s lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
8.38.060 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.
Section 6: That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as
follows:
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
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D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk café or curb café that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
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EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk’s Office 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day
of , 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of , 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 8 OF THE CARLSBAD MUNICIPAL CODE BY
AMENDING CHAPTER 8.36 AND SECTIONS 8.28.050 AND 8.44.040 AND BY
ADDING CHAPTERS 8.34 AND 8.38 TO ADDRESS QUALITY OF LIFE
CONCERNS
WHEREAS, the purpose of the foregoing proposed amended and new provisions is to address
increasing health, safety, and environmental concerns with unlawful encampments and storage of
personal property, unauthorized fires on public property, obstruction of public property and trespass
on private property open to the patronage of the public, disorderly conduct, open containers and
consumption of alcohol in public, and solicitation; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. City of Boise that an ordinance
violates the cruel and unusual punishment clause of the Eighth Amendment if it imposes criminal
sanctions against homeless individuals for sleeping outdoors, on public property, when no alternative
shelter is available to them; and
WHEREAS, the holding in Martin v. City of Boise is narrow in that it does not permit individuals
to sit, lie, or sleep on the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is unavailable,
an ordinance may constitutionally prohibit sitting, lying, or sleeping outside at particular times or in
particular locations, and an ordinance could bar the obstruction of public rights of way or the erection
of certain structures; and
WHEREAS, the city has an interest in balancing the needs of all city residents, businesses and
visitors for clean, healthy, and safe public areas; and
WHEREAS, the city also has an interest in protecting its economic viability and preventing blight
in publicly accessible areas, especially those near residential neighborhoods; and
WHEREAS, the proposed ordinance package would further the purpose of Title 8, of the
Carlsbad Municipal Code, which is designed to protect public peace, morals, and safety, while at the
same time fit within the limitations set forth in Martin v. City of Boise and other applicable federal and
state authorities; and
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WHEREAS, as to proposed Chapter 8.34 entitled “Solicitation,” this chapter is further intended
to protect the compelling interest of public safety as against certain abusive conduct of persons
engaged in solicitation, by imposing reasonable time, manner, and place restrictions on solicitation
while respecting the constitutional rights of free speech for all citizens; and
WHEREAS, existing ordinances under Title 8 of the Carlsbad Municipal Code do not adequately
address the escalating health, safety, and environmental concerns and increased calls for service
associated with unauthorized encampments, storage of personal property in public, unauthorized fires
on public property, obstruction and trespass of public and private property open to the patronage of
the public, disorderly conduct, possession and consumption of open alcohol containers in public, and
solicitation; and
WHEREAS, these amendments and additions to the Carlsbad Municipal Code are intended to
regulate unlawful, repeated, and compounding conduct that negatively impacts community members’
quality of life, health, and/or safety.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as follows:
Section 1. The above recitations are true and correct.
Section 2. That Chapter 8.36 of the Carlsbad Municipal Code is amended to read as
follows:
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010 Purpose.
8.36.020 Definitions.
8.36.030 Unlawful camping.
8.36.040 Fires and cooking on public property.
8.36.050 Storage of personal property in public places.
8.36.060 Severability.
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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.
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 camp
fire. 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 and Trespass.”
“Camp facility” means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities.
“Camping implements” means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, 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.
“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 the Zoning Ordinance (Title21).
“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.
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“Personal property” includes the following items:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to camp between the hours of 6 a.m. and 10 p.m. in or 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.
2. Notwithstanding Section 8.36.030(A)(1), it is unlawful for any person to:
a. Camp or sleep in open space at any time.
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b. Camp or sleep at any time and in any location of the city if the person realistically has
access to temporary or permanent shelter where the person can sleep and willfully
refuses such shelter for any reason unrelated to the exercise of a state or federal
constitutional right.
3. 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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property.
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.
8.36.050 Storage of personal property in public places.
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 a.m.
and 10 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).
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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.
Section 3: That Section 8.28.050 of the Carlsbad Municipal Code is amended to read as
follows:
8.28.050 Distribution, solicitation or sales to persons in vehicles.
A. Except as permitted by Section 8.28.050(B), it is unlawful for any person, while on a public
sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell materials to, or
to solicit, or attempt to solicit business or contributions from, any person who is traveling in any
type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk’s office,
except:
1. When the public roadway intersects with another public roadway that has a speed limit
greater than 35 miles per hour, in which case distribution or solicitation is prohibited within
100 feet of the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B
attached to the ordinance codified in this chapter and found on file in the city clerk’s office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at
the quadrant of any intersection where distribution or solicitation is permitted under Section
8.28.050(B).
Section 4: That Chapter 8.34 is added to the Carlsbad Municipal Code to read as follows:
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Chapter 8.34
SOLICITATION
Sections:
8.34.010 Purpose.
8.34.020 Definitions.
8.34.030 Aggressive solicitation prohibited.
8.34.040 Solicitation of motor vehicles and in parking lots.
8.34.050 Entering private property for the purpose of sale without permission.
8.34.060 Restriction on hours.
8.34.070 Severability.
8.34.010 Purpose.
This chapter is intended to improve the quality of life and economic vitality of the city, and to protect
the safety of the general public against certain abusive conduct of persons engaged in solicitation, by
imposing reasonable time, place, and manner restrictions on solicitation while respecting the
constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity
near signaled intersections and highway ramps, where solicitors have approached their vehicles. This
carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening
and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the
evening hours. Restricting solicitation in these places will provide a balance between the rights of
solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent
potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and
includes, but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, open space, and any
doorway, entrance, hallway, lobby, and other portion of any business establishment, an
apartment house, or hotel not constituting a room or apartment designed for actual residence.
"Solicit, ask, or beg" includes using the spoken, written, or printed word, or bodily gestures, signs or
other means with the purpose of obtaining an immediate donation of money or other thing of
value or soliciting the sale of goods or services. However, passively standing, sitting, or performing
music while holding a sign, with no further conduct or spoken word, except in response to an
inquiry, is exempt from this definition and regulation under this chapter. This chapter is not
intended to restrict the exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an
aggressive manner in any public place after first being warned by a law enforcement officer.
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B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials,
attempting to distribute materials, approaching, or closely following a person(s), after the solicitor
or distributor has been informed by unequivocal or multiple words or conduct that the person
does not want to be solicited, does not want to give money or any other thing of value to the
solicitor, or does not want to receive any materials. All other conduct that may constitute an
assault or battery in conjunction with solicitation, asking, begging, or distribution shall be charged
separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots.
A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in
obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
distributing materials, or attempting to distribute materials while the vehicle is located in any
public place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute
materials in any public parking lot or parking structure any time after dark. "After dark" means
any time from one-half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:
1. Solicitations related to business which is being conducted on the subject premises by the
owner or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection
may be charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the
occupant of such property has given notice or warned such persons to keep away. A sign posted by the
occupant of the property, with the words “no solicitors,” “no peddlers,” or other similar words, at or
near the front door or primary entrance to a residential structure on private property, shall constitute
sufficient notice or warning pursuant to this section. For any property used for a purpose other than a
residential use, such notice may be posted at each public entrance to any structure on the property in
any conspicuous location on the property, in such a manner so as to provide reasonable notice of the
restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
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8.34.070 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.
Section 5: That Chapter 8.38 is added to the Carlsbad Municipal Code to read as follows:
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Sections:
8.38.010 Purpose.
8.38.020 Definitions.
8.38.030 Unlawful obstruction of property.
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
8.38.050 Disorderly conduct.
8.38.060 Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the
public in an orderly and accessible condition to protect public health, safety, and welfare. The
obstruction of or trespass upon these areas can interfere with the rights of others to use these areas
for the purposes for which they were intended. Pedestrians, the elderly, disabled, and vision-
impaired are put at increased risk when they must see and navigate around individuals sitting or lying
upon a public walkway or otherwise obstructing public access. In some circumstances, people sitting
or lying on public walkways deter members of the public from frequenting those areas. This, in turn,
contributes to an erosion of the essential economic viability of those areas. Business failures and
relocations can cause vacant storefronts, contributing to deterioration and blight, which harms the
public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate
that need while also satisfying the needs of the general public to travel freely and safely throughout
the city. The limited regulation of obstruction or trespass on public property or private property open
to the patronage of the public is reasonably necessary and appropriately balances the public interest
and individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to
this chapter. Additionally, as used in this chapter:
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“Loitering” is defined as delaying or lingering in any one place without a lawful purpose under
circumstances that would warrant a reasonable person to believe that the purpose or effect is to
commit a crime or to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign
or signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain,
or leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes passage in contravention of
federal or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway, or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
B. It is unlawful for any person, object, or possession to partially or completely block, obstruct,
prevent, or otherwise hinder the free access to the entrance to any building open to the public,
whether or not other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open to
the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property, or any other private property open to the patronage of the
public, without visible or lawful business with the owner or occupant or without the written
permission of the owner, the person entitled to immediate possession or the authorized agent of
either. This section does not apply to a public officer or employee acting within the course and scope
of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another
person annoyance, alarm, or disturbance, or with the intent to interfere with another person’s
lawful discharge or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person’s safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public
place or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace;
or
4. Encouraging by words or conduct, disobedience to any lawful order or request of any law
enforcement officer pursuant to and in the performance of the officer’s duties; or
Sept. 28, 2021 Item #9 Page 53 of 87
EXHIBIT 1D
11
5. Making or participating in making any unreasonably loud noise or engaging in offensive
conduct or behavior, as measured by an objectively reasonable person standard, in any public
place or any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person’s lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in
any place open to the patronage of the public, when the purpose of congregating is, by words,
acts, or conduct generally offensive to the community, to annoy, disturb, or interfere with another
person’s lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere
with or annoy another person lawfully at the place.
8.38.060 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.
Section 6: That Section 8.44.040 of the Carlsbad Municipal Code is amended to read as
follows:
8.44.040 Consuming or possessing an open container of an alcoholic beverage in certain public
places and public parks owned by the city.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage
that has been opened, or a seal broken, or the contents of which have been partially removed,
nor shall any person consume any alcoholic beverage in any city-owned public place or city-owned
park identified in this section as:
1. Any public street, sidewalk, alley, highway, public parking lot, or public open space owned
by, leased to, licensed to, or operated by the city in the V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent
to the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown
parks) of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by
Washington Street, bordered to the east by the west alley of State Street immediately east
of the Atchison, Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad
Village Drive and bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived when a special event permit or a
park and facility use permit requesting a waiver has been granted by the city manager or designee.
Sept. 28, 2021 Item #9 Page 54 of 87
EXHIBIT 1D
12
D. This section does not apply when an individual is in possession of an alcoholic beverage container
within a sidewalk café or curb café that is approved and permitted as required by the Village and
Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary
permits issued under state or local emergency orders.
E. This section does not apply when an individual is in possession of an alcoholic beverage container
for the purpose of recycling or other related disposal activity.
Sept. 28, 2021 Item #9 Page 55 of 87
EXHIBIT 1D
13
EFFECTIVE DATE: The proposed ordinance shall be effective thirty days after its adoption; and
the City Clerk’s Office 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.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day
of , 2021, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the
day of , 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Sept. 28, 2021 Item #9 Page 56 of 87
EXHIBIT 2A
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY Sections: 8.36.010 Purpose. 8.36.020 Definitions. 8.36.030 Unlawful camping. 8.36.040 Fires and cooking on public property. 8.36.050 Storage of personal property in public places.
8.36.060 Severability.
8.36.010 Purpose.
Public places 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 public places for camping can interfere with the rights of others to use these areas 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 is 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 section chapter is to maintain public places streets, public parks, public beaches and
other public 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.
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 paraphernalia 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 camp fire. 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 and Trespass.”.
“Camp facility” includes means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, or living quarters accommodations purposes, or carrying on cooking activities. “Camp facility” also includes a camper, motor home, recreational vehicle, or other vehicle while parked and being used for sleeping or living quarters.
“Camping implements” paraphernalia” includes means cots, beds, hammocks, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen utensils, cookware, clothing, portable cooking
equipment and similar gear or materials.
Sept. 28, 2021 Item #9 Page 57 of 87
EXHIBIT 2A
“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.
“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 the Zoning Ordinance (Title21).
“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:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to:
Sept. 28, 2021 Item #9 Page 58 of 87
EXHIBIT 2A
a. Ccamp 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. sleep in open space at any time.
b. Camp or sleep at any time and in any location of the city if the person realistically has
access to temporary or permanent shelter where the person can sleep and 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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property.
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.
8.36.050 Storage of personal property in public places. 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 a.m. and 10 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).
Formatted: Indent: Left: 0.79", Tab stops: 1.13", Left +Not at 0.67" + 1"
Formatted: Tab stops: 4.45", Left + Not at 0.67" + 1"+ 1.33" + 1.67" + 2" + 2.33" + 2.67" + 3" + 3.33" + 3.67"
Formatted: Font: 10 pt
Formatted: Indent 1
Sept. 28, 2021 Item #9 Page 59 of 87
EXHIBIT 2A
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.
Sept. 28, 2021 Item #9 Page 60 of 87
EXHIBIT 2B
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY Sections: 8.36.010 Purpose. 8.36.020 Definitions. 8.36.030 Unlawful camping. 8.36.040 Fires and cooking on public property. 8.36.050 Storage of personal property in public places.
8.36.060 Severability.
8.36.010 Purpose.
Public places 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 public places for camping can interfere with the rights of others to use these areas 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 is 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 section chapter is to maintain public places streets, public parks, public beaches and
other public 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.
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 paraphernalia 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 camp fire. 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 and Trespass.”.
“Camp facility” includes means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, or living quarters accommodations purposes, or carrying on cooking activities. “Camp facility” also includes a camper, motor home, recreational vehicle, or other vehicle while parked and being used for sleeping or living quarters.
“Camping implements” paraphernalia” includes means cots, beds, hammocks, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen utensils, cookware, clothing, portable cooking
equipment and similar gear or materials.
Sept. 28, 2021 Item #9 Page 61 of 87
EXHIBIT 2B
“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.
“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 the Zoning Ordinance (Title21).
“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:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
A. Public property
1. It is unlawful for any person to:
Sept. 28, 2021 Item #9 Page 62 of 87
EXHIBIT 2B
a. Ccamp in 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 posted, designated, or permitted for such purposes, at any time and in any location of the city 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. 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.
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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property. 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.
8.36.050 Storage of personal property in public places. 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 a.m. and 10 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).
Formatted: Indent: Left: 0.79", Tab stops: 1.13", Left +Not at 0.67" + 1"
Formatted: Tab stops: 4.45", Left + Not at 0.67" + 1"+ 1.33" + 1.67" + 2" + 2.33" + 2.67" + 3" + 3.33" + 3.67"
Formatted: Font: 10 pt
Formatted: Indent 1
Sept. 28, 2021 Item #9 Page 63 of 87
EXHIBIT 2B
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.
Sept. 28, 2021 Item #9 Page 64 of 87
EXHIBIT 2C
Chapter 8.36
UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
Sections:
8.36.010 Purpose.
8.36.020 Definitions.
8.36.030 Unlawful camping.
8.36.040 Fires and cooking on public property.
8.36.050 Storage of personal property in public places.
8.36.060 Severability.
8.36.010 Purpose.
Public places 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 public places for camping can
interfere with the rights of others to use these areas 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 is 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 section chapter is to maintain public places streets, public parks, public beaches and
other public 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.
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 paraphernalia 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 camp fire. 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 and Trespass.”.
“Camp facility” includes means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
or living quarters accommodations purposes, or carrying on cooking activities. “Camp facility” also
includes a camper, motor home, recreational vehicle, or other vehicle while parked and being used
for sleeping or living quarters.
“Camping implements” paraphernalia” includes means cots, beds, hammocks, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen utensils, cookware, clothing, portable cooking
equipment and similar gear or materials.
Sept. 28, 2021 Item #9 Page 65 of 87
EXHIBIT 2C
“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.
“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 the Zoning Ordinance (Title21).
“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:
(i) Medication, medical devices, eyeglasses, or other prescription lenses;
(ii) Sleeping bag or bed roll which is sanitary and non-verminous;
(iii) Tents in usable and reasonably good 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 $50.
“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.
“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.
8.36.030 Unlawful camping.
A. Public property
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EXHIBIT 2C
1. It is unlawful for any person to camp in or upon any public street, public park, public beach, or
other public propertyplace, except in areas which have been specifically posted, and designated,
or permitted for such purposes. For enforcement of this section between 10:00 P.M. and 6:00
A.M., which may include enforcement of sleeping in public places during these hours, the person
must have 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. Notwithstanding Section 8.36.030(A)(1), it is unlawful for any person to camp or sleep in open
space at any time.
3. 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 the Zoning Ordinance (Title 21) 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).
8.36.040 Fires and cooking on public property.
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.
8.36.050 Storage of personal property in public places.
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 a.m. and 10
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).
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EXHIBIT 2C
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.
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EXHIBIT 3
8.28.050 Distribution, or solicitation, or sales to persons in vehicles.
A. Except as permitted by subsection Section 8.28.050(B) of this section, it is unlawful for any person,
while on a public sidewalk or in a public roadway, to distribute, sell, or attempt to distribute or sell
materials to, or to solicit, or attempt to solicit business or contributions from, any person who is
traveling in any type of vehicle along a public roadway.
B. Distributing materials or soliciting business or contributions is permitted on sidewalks adjacent to
public roadways with a speed limit of 35 miles per hour or less as shown on the map labeled Exhibit
A attached to the ordinance codified in this chapter and found on file in the city clerk’s office, except:
1. When the public roadway intersects with another public roadway that has a speed limit greater
than 35 miles per hour, in which case distribution or solicitation is prohibited within 100 feet of
the intersection;
2. In the commercial/visitor-serving overlay zone as shown on the map labeled Exhibit B attached
to the ordinance codified in this chapter and found on file in the city clerk’s office;
3. Anywhere on La Costa Avenue.
C. No more than one person at a time may distribute materials or solicit business or contributions at the
quadrant of any intersection where distribution or solicitation is permitted under subsection B of this
sectionSection 8.28.050(B).
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EXHIBIT 4
1
Chapter 8.34
SOLICITATION
Sections:
8.34.010 Purpose.
8.34.020 Definitions.
8.34.030 Aggressive solicitation prohibited.
8.34.040 Solicitation of motor vehicles and in parking lots.
8.34.050 Entering private property for the purpose of sale without permission.
8.34.060 Restriction on hours.
8.34.070 Severability.
8.34.010 Purpose. This chapter is intended to improve the quality of life and economic vitality of the city, and to protect the safety of the general public against certain abusive conduct of persons engaged in solicitation, by imposing reasonable time, place, and manner restrictions on solicitation while respecting the constitutional rights of free speech for all citizens. Motorists have complained of solicitation activity near signaled intersections and highway ramps, where solicitors have approached their vehicles. This carries an implicit threat to both person and property. Similarly, the city seeks to prevent threatening and dangerous solicitation in sensitive areas such as city parking lots or parking structures during the evening hours. Restricting solicitation in these places will provide a balance between the rights of solicitors and the rights of persons who wish to decline or avoid solicitations and will help prevent potential violent confrontations.
8.34.020 Definitions.
As used in this chapter:
"Public place" means a place to which the public or a substantial group of persons has access, and includes,
but is not limited to, any street, parkway, highway, sidewalk, parking lot, plaza, transportation facility,
school, place of amusement, park, playground, open space, and any doorway, entrance, hallway,
lobby, and other portion of any business establishment, an apartment house, or hotel not constituting
a room or apartment designed for actual residence.
"Solicit, ask or beg" includes using the spoken, written, or printed word, or bodily gestures, signs, or other
means with the purpose of obtaining an immediate donation of money or other thing of value or
soliciting the sale of goods or services. However, passively standing, sitting, or performing music while
holding a sign, with no further conduct or spoken word, except in response to an inquiry, is exempt
from this definition and regulation under this chapter. This chapter is not intended to restrict the
exercise of protected free speech.
8.34.030 Aggressive solicitation prohibited.
A. It is unlawful to solicit, ask, beg, distribute materials, or attempt to distribute materials in an aggressive
manner in any public place after first being warned by a law enforcement officer.
B. "Aggressive manner" means persisting in soliciting, asking, begging, distributing materials, attempting
to distribute materials, approaching or closely following a person(s), after the solicitor or distributor
has been informed by unequivocal or multiple words or conduct that the person does not want to be
solicited, does not want to give money or any other thing of value to the solicitor, or does not want to
receive any materials. All other conduct that may constitute an assault or battery in conjunction with
solicitation, asking, begging, or distribution shall be charged separately as such crimes.
8.34.040 Solicitation of motor vehicles and in parking lots. A. Motor vehicles. No person shall approach an operator or occupant of a motor vehicle stopped in obedience to a traffic control sign, signal, or light for the purpose of soliciting, asking, begging,
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EXHIBIT 4
2
distributing materials, or attempting to distribute materials while the vehicle is located in any public
place.
B. Parking lots. No person shall solicit, ask, beg, distribute materials, or attempt to distribute materials in
any public parking lot or parking structure any time after dark. "After dark" means any time from one-
half hour after sunset to one-half hour before sunrise.
C. Exemptions. The provisions of section 8.34.040(B) shall not apply to any of the following:
1. Solicitations related to business which is being conducted on the subject premises by the owner
or lawful tenants;
2. Solicitations related to the lawful towing of a vehicle; or
3. Solicitations related to emergency repairs requested by the operator or other occupant of a
vehicle.
D. Penalty. After first being warned by a law enforcement officer, any violation of this subsection may be
charged as a misdemeanor.
8.34.050 Entering private property for the purpose of sale without permission.
No person shall go onto private property within the city for the purpose of selling, offering for sale, or
soliciting orders for the sale of any merchandise, product, service, or thing whatsoever when the occupant
of such property has given notice or warned such persons to keep away. A sign posted by the occupant of
the property, with the words “no solicitors,” “no peddlers,” or other similar words, at or near the front door
or primary entrance to a residential structure on private property, shall constitute sufficient notice or warning
pursuant to this section. For any property used for a purpose other than a residential use, such notice may
be posted at each public entrance to any structure on the property in any conspicuous location on the
property, in such a manner so as to provide reasonable notice of the restriction.
8.34.060 Restriction on hours.
No person shall go onto private property for the purposes of commercial or noncommercial peddling,
soliciting or canvassing before 8:00 a.m. or after 8:00 p.m., except that while the United States is on
federally mandated daylight savings time the hours shall be 8:00 a.m. to 9:00 p.m.
8.34.070 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.
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EXHIBIT 5
CHAPTER 8.38
OBSTRUCTION OF PROPERTY, TRESPASS, AND DISORDERLY CONDUCT
Sections: 8.38.010 Purpose. 8.38.020 Definitions. 8.38.030 Unlawful obstruction of property. 8.38.040 Trespass on parking lots, shopping center property, and other private property open to the patronage of the public. 8.38.050 Disorderly conduct. 8.38.060 Severability.
8.38.010 Purpose.
The purpose of this chapter is to maintain public and private property open to the patronage of the public
in an orderly and accessible condition to protect public health, safety, and welfare. The obstruction of or
trespass upon these areas can interfere with the rights of others to use these areas for the purposes for
which they were intended. Pedestrians, the elderly, disabled, and vision-impaired are put at increased risk
when they must see and navigate around individuals sitting or lying upon a public walkway or otherwise
obstructing public access. In some circumstances, people sitting or lying on public walkways deter
members of the public from frequenting those areas. This, in turn, contributes to an erosion of the
essential economic viability of those areas. Business failures and relocations can cause vacant
storefronts, contributing to deterioration and blight, which harms the public health, safety, and welfare.
The city recognizes that there is a fundamental need to rest and sleep and desires to accommodate that
need while also satisfying the needs of the general public to travel freely and safely throughout the city.
The limited regulation of obstruction or trespass on public property or private property open to the
patronage of the public is reasonably necessary and appropriately balances the public interest and
individual rights.
8.38.020 Definitions.
All definitions provided in Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 are applicable to this
chapter. Additionally, as used in this chapter:
“Loitering” is defined as delaying or lingering in any one place without a lawful purpose under circumstances
that would warrant a reasonable person to believe that the purpose or effect is to commit a crime or
to conceal illegal activities.
8.38.030 Unlawful obstruction of property.
A. It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to loiter, stand, sit, lie, sleep, maintain, or
leave any objects, possessions, or structures in any manner that partially or completely blocks,
obstructs, prevents, or otherwise hinders the free movement of people who may or may not yet be
present at the location in question, or in any manner that impedes passage in contravention of federal
or state disability access laws, either:
1. Upon any public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area, highway,
or park, or
2. Upon any shopping center or other private property open to the patronage of the public.
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EXHIBIT 5
B. It is unlawful for any person, object or possession to partially or completely block, obstruct, prevent,
or otherwise hinder the free access to the entrance to any building open to the public, whether or not
other persons are present at the location in question.
8.38.040 Trespass on parking lots, shopping center property, and other private property open
to the patronage of the public.
It is unlawful for any person, after first being warned by a law enforcement officer, or where a sign or
signs have been posted in accordance with this chapter, to remain on, wander, idle, or loiter on any
parking lot, shopping center property or any other private property open to the patronage of the public,
without visible or lawful business with the owner or occupant or without the written permission of the
owner, the person entitled to immediate possession or the authorized agent of either. This section does
not apply to a public officer or employee acting within the course and scope of employment.
8.38.050 Disorderly conduct.
A. It is unlawful for a person to commit any of the following acts with the intent to cause another person
annoyance, alarm, or disturbance, or with the intent to interfere with another person’s lawful discharge
or pursuit of any lawful business or occupation:
1. Engaging in fighting or in violent, tumultuous, or threatening behavior that would put a
reasonable person in fear for the person’s safety; or
2. Using language that a reasonable person would consider offensive, lewd, vulgar, profane,
threatening, abusive, or insulting, within the hearing range of another person in any public place
or any place open to the patronage of the public; or
3. Uttering or using within the hearing of another person any language, words, epithets,
expressions, or remarks, either intended to or likely to incite or create a breach of the peace; or
4. Encouraging by words or conduct, disobedience to any lawful order, or request of any law
enforcement officer pursuant to and in the performance of the officer’s duties; or
5. Making or participating in making any unreasonably loud noise or engaging in offensive conduct
or behavior, as measured by an objectively reasonable person standard, in any public place or
any place open to the patronage of the public.
B. It is unlawful for a person to commit any of the acts specified in Section 8.38.050(A) with reckless
disregard for the risk of causing another person annoyance, alarm, or disturbance, or of interfering
with another person’s lawful discharge or pursuit of any lawful business or occupation.
C. It is unlawful for a person to congregate with two or more other persons in any public place, or in any
place open to the patronage of the public, when the purpose of congregating is, by words, acts, or
conduct generally offensive to the community, to annoy, disturb, or interfere with another person’s
lawful discharge or pursuit of a lawful business or occupation, or to maliciously interfere with or annoy
another person lawfully at the place.
8.38.060 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.
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EXHIBIT 6
8.44.040 Consuming or possessing an open container of an alcoholic beverages in certain
public places and public parks owned by the city prohibited.
A. No person shall possess any can, bottle, or other receptacle containing any alcoholic beverage that
has been opened, or a seal broken, or the contents of which have been partially removed, nor shall
any person consume any alcoholic beverage in any city-owned public places and or city-owned park
identified in this section as:
1. Any public street, sidewalk, alley, highway, or public parking lot, or public open space owned by,
leased to, licensed to, or operated by the city in the city’s V-B Village Barrio Zone, as that zone
is designated in Chapter 21.35 of this code, as amended, and specifically within or adjacent to
the VC, VG, HOSP, FC, and PT districts and the VBO district (Magee and Maxton Brown parks)
of the Village and Barrio Master Plan.
2. Rotary Park located at the 2900 block of Washington Street, bordered to the west by Washington
Street, bordered to the east by the west alley of State Street immediately east of the Atchison,
Topeka and Santa Fe Rail Road tracks, bordered to the south by Carlsbad Village Drive and
bordered to the north by Grand Avenue in the City of Carlsbad.
3. Holiday Park and Pine Avenue Community Park.
B. Unlawful possession of an open container of an alcoholic beverage as described in Section
8.44.040(A) shall be charged as an infraction; unlawful consumption of an open container of an
alcoholic beverage as described in Section 8.44.040(A) may be charged as a misdemeanor.
C. Any of the prohibitions set forth in this section may be waived during a special event when a special event permit or a park and facility use permit requesting a waiver has been granted by the city manager or designee.
CD. This section does not apply when an individual is in possession of an alcoholic beverage container within a sidewalk café or curb café that is approved and permitted as required by the Village and Barrio Master Plan and the California Department of Alcoholic Beverage Control, or any temporary permits issued under state or local emergency orders.
DE. This section does not apply when an individual is in possession of an alcoholic beverage container for the purpose of recycling or other related disposal activity.
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EXHIBIT 7
CA Review ___MK___
Meeting Date: Sept. 14, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Marissa Kawecki, Deputy City Attorney
marissa.kawecki@carlsbadca.gov, 760-434-2891
Matt Magro, Assistant Police Chief
matt.magro@carlsbadca.gov, 760-931-2157
Subject: Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address
Quality of Life Concerns Related to Homelessness and Public Spaces
Districts: All
Recommended Action
Introduce the ordinance in Exhibit 3 amending Chapter 8.36, Section 8.28.050, and Section
8.44.040 and adding Chapters 8.34 and 8.38 to Title 8 of the Carlsbad Municipal Code to
address quality of life concerns related to homelessness and public spaces.
Executive Summary
The City Council adopted a resolution on Oct. 24, 2017, approving the City of Carlsbad
Homeless Response Plan and staff efforts to implement it. The Homeless Response Plan and
staff’s periodic updates to the council have included a recommendation that the city evaluate
existing ordinances that impact the community and the city’s response to homeless-related
issues.
Additionally, on March 11, 2021, the City Council made one of its top goals “reducing the
unsheltered homeless population by 50%, among those who want help, within the next five
years.” On March 23, 2021, the City Council voted to allocate substantial resources and pursue
certain programs to achieve this goal.
The proposed ordinance adds enforcement tools, which align with the City Council’s goal of
reducing homelessness and the Homeless Response Plan’s recommendation. The ordinance
provides a balanced approach to addressing quality of life concerns related to homelessness
and public spaces which have been expressed by the community and witnessed by staff in
various city departments. The ordinance modifies and supplements some of the city’s existing
quality of life ordinances to regulate conduct such as unlawful camping on public and private
property, fires and cooking on public property, storage of personal property in public places,
solicitation, trespassing, obstruction of property, disorderly conduct and possessing or
consuming open containers of alcohol in public places.
Sept. 28, 2021 Item #9 Page 75 of 87
Specifically, the ordinance:
• Amends Chapter 8.36 – Camping on Public Property by narrowing the scope of unlawful
camping on public property, prohibiting unlawful camping on private property,
prohibiting fires and cooking on public property and prohibiting storage or leaving
unattended personal property in public areas during certain times of day
• Amends Section 8.28.050 concerning distribution or solicitation to persons in vehicles by
adding “sales” to the conduct to be regulated
• Adds a new Chapter 8.34 to address various types of solicitation, such as aggressive
solicitation and soliciting to motor vehicles stopped at a traffic signal, sign or light
• Adds a new Chapter 8.38 to address obstruction of property, trespassing and disorderly
conduct
• Amends Section 8.44.040 concerning consumption and possession of alcoholic
beverages in certain public places and city parks by adding Holiday Park and Pine
Avenue Community Park to the prohibited locations (exceptions apply)
The proposed ordinance provisions will be included in Title 8 of the code, which concerns
protection of public peace, morals and safety. Its provisions address increasing community
concerns with public peace, safety, health and the environment that have been voiced in
community meetings and communications to city staff and elected officials and verified by
statistical data discussed in this staff report. The ordinance’s provisions are intended to protect
the health, safety and welfare of all Carlsbad residents, businesses and visitors.
The proposed provisions are drafted to be limited in scope and to comply with existing
applicable federal and state law. Because the law in this area is constantly evolving, staff will
continue to monitor developments and adjust enforcement activities appropriately, returning
to the City Council with additional proposed amendments or additions as appropriate.
Discussion
Carlsbad Police Department data
The Carlsbad Police Department has identified a noticeable increase in the number of homeless
encampments and homeless-related calls for service over the last five years, as illustrated in the
table below:
Homeless-related calls for service*
Calls Average per
month
2017 3,463 289
2018 4,480 373
2019 4,623 385
2020 4,497 375
2021 (as of 8/31) 3,975 497
* These calls for service include both citizen- and officer-initiated calls for service.
The city’s homeless-related crime reports also show a generally increasing trend, according to
police department data shared in the Homeless Response Plan update at the May 14, 2019, City
Council meeting and additional data attached as Exhibit 1. Not all calls for service resulted in an
Sept. 28, 2021 Item #9 Page 76 of 87
arrest or a citation. Some calls for service were resolved through a warning or did not involve
citable conduct. Of those calls for service that resulted in an arrest, the most prevalent crimes
included narcotics offenses,1 being drunk in public, assault and property crimes, such as
larceny. Community members have also complained about hostile homeless individuals they
have encountered near city beaches or public parks, as well as fights observed among homeless
persons, which do not necessarily generate calls for service or rise to the level of criminal
conduct.
In addition to these safety concerns, the Police Department’s Homeless Outreach Team, or
HOT, has documented numerous instances of illegal encampments polluting waterways and
causing environmental harm to open space areas with waste products, camping equipment and
abandoned property. The Police Department and the Fire Department have also encountered
multiple fires in public and open space areas that are not citable under any local or state law,
but which pose a safety hazard to the community.
As shown in Exhibit 1, the Police Department has allocated substantial funding to its homeless
response budget over the past five fiscal years. Below is a summary of these budgets:
Police Department homeless response budget
FY 2017-18 $1.1 million
FY 2018-19* $362,555 +
FY 2019-20 $946,400
FY 2020-21 $2,151,238
FY 2021-22 $1,192,227
* The FY 2018-19 the budget is documented as “N/A” in Exhibit 1 due to a
shared budget with the Crime Suppression Team during that year. The
budget for the two dedicated HOT police officers during that period was
$362,555.
The department’s homeless response budget for FY 2021-22 is comparatively lower than it was
in the previous fiscal year because the City Council voted in March 2021 to create a new
Department of Housing and Homeless Services, and many homelessness related contracts have
been moved to the new department’s budget. The Homeless Division’s FY 2021-22 budget is
$4,793,786.
Legal landscape
Meanwhile, the legal landscape concerning homelessness, civil rights and law enforcement has
been quickly evolving in California and nationwide. People experiencing homelessness and
special interest groups have successfully challenged local ordinances and state laws on
constitutional grounds, including the First Amendment right to use public open space for free
speech, expression and association; the Fourth Amendment right against unreasonable search
and seizure of places and property to which one has a reasonable expectation of privacy; the
1 Drug use is rampant among San Diego County arrestees, and particularly among the homeless population. In
October 2020, SANDAG published a Criminal Justice Bulletin titled “2019 Adult Arrestee Drug Use in the San Diego
Region,” providing statistics on drug use by 2019 arrestees. The bulletin reports that drug use is at a 20-year high,
with 79 percent of male adult arrestees and 82 percent of female adult arrestees testing positive for at least one
illicit substance.
Sept. 28, 2021 Item #9 Page 77 of 87
Eighth Amendment right against cruel and unusual punishment, i.e., criminalization based
merely on unavoidable status or the exercise of human necessities such as sleeping; and the
Fourteenth Amendment right to due process of law. Many cases have resulted in increased
legal protection for the homeless, including amended ordinances and legal settlements. These
measures passed legal muster because they came with reasonable time, place and manner
restrictions rather than enacting wholesale prohibitions on types of conduct.
From a law enforcement perspective, the following changes in state law limit law
enforcement’s ability to protect the public from certain low-level offenses that may impact the
community’s quality of life:
• Assembly Bill 109 – The Public Safety Realignment Act, 2011
The responsibility of incarcerating criminals convicted of certain serious felony violations
was permanently transferred from state prisons to county jail facilities. The housing of
serious felons in county jails has resulted in less capacity for minor offenders for
violations such as quality of life crimes.
• Proposition 47 – The Safe Neighborhood & Schools Act, 2014
This measure reclassified certain felonies as misdemeanors and created new
misdemeanor offenses. Under this law, simple possession of illegal drugs including
cocaine, heroin, fentanyl and methamphetamine are classified as misdemeanors.
Several other crimes that had previously been classified as felonies are now
misdemeanors unless the defendant has one of a handful of very specific serious and
violent prior convictions. Offenses including shoplifting, theft, forgery, fraud and
receiving stolen property, in which the value of the items involved in the offenses are
under $950, are all misdemeanors.
• Proposition 57 – Parole for Non-Violent Criminal Act, 2016
Gives the California Board of State and Community Corrections the authority to release
up to 30,000 “non-violent” inmates from California State prisons. Crimes not already
defined as “violent” are now deemed “non-violent.”
Environmental legal issues are also of increasing concern as open space areas and watercourses
become polluted from unlawful campsites, litter and human waste. Various regional water
quality control boards throughout the state have collaborated with local and state agencies and
non-profit entities to identify and promote solutions that reduce water quality impacts
associated with people experiencing homelessness. The local Regional Water Quality Control
Board has the authority under a regional permit to cite the city for any pollutants or other
illegal discharges in the city’s stormwater systems. Such discharges constitute a violation of the
federal Clean Water Act, regardless of the pollutants’ origin or cause. The city may face
substantial liability in such actions, including civil penalties of up to $25,000 per day, revocation
of its regional permit and even criminal liability for negligent or knowing actions.
Sept. 28, 2021 Item #9 Page 78 of 87
As the homelessness crisis in California continues to grow, many cities have begun to offer
more shelter options,2 housing and other assistance for the homeless. At the same time, many
cities have adopted new ordinances and policies to protect the health, safety and welfare of the
community at large while also respecting individual rights. Cities throughout the state, including
Los Angeles and San Diego, are continuing to adopt and enforce ordinances to regulate
camping, obstruction of public and quasi-public property, trespassing and other activities that
impact their communities’ quality of life. Though enforcement of these ordinances and policies
was permanently or partially suspended during the COVID-19 pandemic emergency, cities have
begun to resume enforcement in recent months as the emergency has evolved.
Carlsbad Municipal Code
Currently, the code addresses some of the current quality of life concerns in Carlsbad, which
may or may not be associated with homelessness. Existing offenses include:
• Camping on public property
• Urinating/defecating in public
• Open alcohol containers and drinking in public in the Village Barrio Master Plan area
• Scavenging
• Entering parks or beaches after the posted closing times
• Obstructing walkways in parks
• Erecting structures in parks
• Distribution or solicitation to persons in vehicles
Most of the city’s misdemeanor cases for these offenses have been worked out through
negotiated plea offers. The plea offers have often included a term of probation, stayed custody
– that is, no jail time unless there has been a probation violation, an order to stay outside of a
certain radius of the site in question (mostly for unlawful camping cases) and proof of contact
with a homeless outreach program if the offender is homeless. These cases resulted in many
successful terms of probation that linked homeless defendants with homeless outreach
programs and successfully cleared encampments from environmentally sensitive and other
problematic public areas.
City staff have hosted several homelessness and public safety outreach meetings and have
heard the community’s concerns about quality of life issues. The community has communicated
its desire for more accountability for disruptive and low-level criminal behavior. Additionally,
staff have conducted a multi-year survey and analysis of the city’s quality of life ordinances
cross-referenced with the applicable law in this field, the legal track record of other cities’
quality of life ordinances, police and fire enforcement data and HOT field encounters.
Staff recommend that the noted provisions be modified or added to the municipal code to
balance the rights of the community and the rights of homeless people. These provisions are
outlined in detail in the subsections that follow.
2 While shelter options are expanding statewide, as of 2019, there were approximately 144 open beds in North
County for emergency shelter. An additional four beds are allocated to transitional age youth through the YMCA,
and an additional 34 beds are available between December and March, the winter months. This count does not
include COVID-19 hotels for “at-risk” individuals operated during 2020 and 2021.
Sept. 28, 2021 Item #9 Page 79 of 87
Recommendations
Staff recommend that all of the following quality of life offenses be chargeable as a
misdemeanor, consistent with the penalties set forth in Section 1.08.010(B) of the code. In
practice, police officers use their discretion to issue infraction citations, make misdemeanor
arrests or issue warnings in lieu of enforcement. The City Attorney’s Office also has the
authority to downgrade a misdemeanor charge to an infraction.
A. Amend Chapter 8.36 – Camping on public property
Chapter 8.36 of the code currently seeks 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.” Section
8.36.030 currently prohibits persons from camping on any “public street, public park, public
beach, or other public property, except in areas which have been specifically posted and
designated for such purposes.” Camping includes the erection or occupation of a “camp
facility,” which includes by definition a camper, motor home, RV or other vehicle used for
sleeping or living quarters.
1. Camping on public property
The proposed amendments related to unlawful camping on public property expand the
purpose and definitions provisions of Chapter 8.36 (Exhibit 4). The definition of
“camping” is more narrowly tailored to highlight that 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” (see proposed Section 8.36.020 in
Exhibit 4). Additionally, the term “camp facility” would no longer include vehicles used
for sleeping or living quarters. Based on pending litigation in other jurisdictions, it is not
advisable to restrict camping in vehicles without the offer of an alternative motorized
living accommodation such as a safe parking lot.
Section 8.36.030 – Unlawful camping on public property essentially codifies current
Police Department enforcement policy by including time and place restrictions on
enforcement. Unlawful public camping citations would not be issuable between the
hours of 10 p.m. and 6 a.m., except on open space property3 where citations may be
issued any time of day. People may also be cited for unlawful camping if they have
realistic access to alternative temporary or permanent shelter and willfully refuse such
shelter for any reason unrelated to the exercise of a First Amendment or other state or
federal constitutional right. Other code provisions would still be enforceable overnight,
such as Section 11.32.030(9), which prohibits persons from being on city park property
between the hours of 10 p.m. and 8 a.m., since signage designates that parks are closed
to the public during these times.
3 “Open space” is defined in proposed Section 8.36.020 as “any parcel of land or water which is unimproved and
devoted to an open space use, and which is designated as part of the Open Space Zone in the Carlsbad Zoning
Ordinance.”
Sept. 28, 2021 Item #9 Page 80 of 87
The proposed amendment’s tailored enforcement of sitting, lying and sleeping in public
places is compatible with the federal Ninth Circuit panel decision Martin v. City of Boise, a
case related to an ordinance in Boise, Idaho. In Martin, the Ninth Circuit found that an
ordinance violates the cruel and unusual punishment clause of the Eighth Amendment if
it imposes criminal sanctions against homeless individuals for sitting, lying or sleeping
outdoors on public property when no alternative shelter is available to them. However,
the ruling in Martin is narrow in that it does not permit individuals to sit, lie or sleep on
the streets at any time or at any place; nor does it prohibit cities from regulating
camping and storage of personal property. Rather, the court found that even if shelter is
unavailable, an ordinance may constitutionally prohibit sitting, lying or sleeping outside
at particular times or in particular locations, and an ordinance could bar the obstruction
of public rights of way or the erection of certain structures. Finally, the court stated that
its ruling does not apply to individuals who have access to adequate temporary shelter,
but who choose not to use it.
The proposed amendment’s time and place restrictions on enforcement in public places
provide homeless persons reasonable times and places to lawfully carry out “universal
and unavoidable” human activities, such as sleeping. The time and place restrictions can
be narrowed by a future ordinance amendment should the city expand temporary or
permanent shelter and housing options for its homeless population.
2. Camping on private property
The proposed amendment to Chapter 8.36 also adds a provision to protect private
property owners and lessees from people who camp on their property without
permission. Most North County cities’ municipal codes include such a provision,
including the cities of Oceanside, Vista, San Marcos, Encinitas, Del Mar and Escondido.
Not only would this provision protect private property owners, but it would also protect
the public health, safety and environment in cases of unauthorized campsites that are
located at or near shopping centers frequented by the public or on environmentally
sensitive open space private property.
The California Penal Code provisions for trespassing on private property are not always
applicable to camping on private property cases, and the District Attorney’s Office
infrequently files charges in such trespass cases. This provision would give the city the
means of prosecuting such violations.
3. Fires on public property
Section 11.32.030(2) of the code prohibits people from starting or maintaining any fire
in or upon any park or beach within the city, except in areas specially designated by the
city manager for such fires. But there is no municipal code section that prohibits the
starting or maintaining of fires on public property citywide. Police officers and
firefighters have encountered illegal encampments outside of city parks and beaches,
some of them with fires.
Carlsbad Fire Department data for 2020 and for 2021 through August 10 reveals a
significant number of fires associated with homeless persons (see Exhibit 2). In 2020,
there were 126 such fires that required extinguishing or other fire department
resources. To date in 2021, there have been 87 such fires. The majority of these fires
Sept. 28, 2021 Item #9 Page 81 of 87
occurred outdoors and could quickly spread to a dangerous or life-threatening
uncontrolled outdoor fire.
Patrol officers have witnessed small fires in encampment and open space areas, but
they have no legal authority to cite the responsible party. The California Penal Code
does not have an applicable provision unless the fire rises to the level of an arson, which
would require willful or malicious setting fire to or burning of a structure, forest land or
property.
Adding Section 8.36.040 would outlaw starting or maintaining a fire or cooking on public
property unless specially authorized by a license, permit or the City Manager. This would
give the Police Department an additional tool to prevent potentially dangerous fires
from spreading outside of their intended area.
4. Storage of personal property in public areas
The code does not have any provisions that regulate the storage of personal property in
public areas. However, the Police Department has developed internal policies and
training bulletins that standardize encampment cleanups, including guidelines on the
storage and disposal of personal property found in public areas. Other city departments
such as Library & Cultural Arts rely on rules of conduct that broadly regulate the storage
of private property in shared public spaces.
Proposed Section 8.36.050 provides a mechanism to facilitate the cleanup of personal
property stored in public areas, including encampment cleanups. The definitions section
of Chapter 8.36 has been supplemented to clarify terms used in this new section.
Subsection (A) of Section 8.36.050 prohibits the storage of personal property in public
areas between the hours of 6 a.m. and 10 p.m., the same timeframe that unlawful
camping on public property would be prohibited.
Subsection (B) permits designated city personnel, in most cases the Police Department
or its contractors, to remove and store personal property unlawfully stored on public
property in accordance with applicable police procedures.
Subsection (C) makes it unlawful for persons to interfere with or obstruct the removal of
such personal property.
B. Amend Section 8.28.050 – Distribution or solicitation to persons in vehicles and add
new Chapter 8.34 – Solicitation
Section 8.28.050 – Distribution or solicitation to persons in vehicles addresses some of the
complaints the city has received with regard to solicitation of motorists (Exhibit 5).
However, the ordinance has many exceptions, governed by two maps that are difficult for
officers to quickly apply in a given scenario. Indeed, police have rarely cited individuals
under this section since the ordinance was passed in 2000. The ordinance was originally
passed to address newspaper hawkers and day laborers, which are now a minimal issue.
Outside of the code, police have the option of charging someone with the offense of
panhandling under State Vehicle Code Section 22520.5(a), which outlaws soliciting on a
roadway and near a freeway ramp. A first violation of this section is an infraction.
Sept. 28, 2021 Item #9 Page 82 of 87
Aggressive panhandling is chargeable under California Penal Code Section 647(c), resulting
in a disorderly conduct misdemeanor charge. Both of these offenses are prosecuted by the
county District Attorney’s Office rather than the City Attorney’s Office.
The proposed Chapter 8.34 on solicitation (Exhibit 6) regulates a slightly wider range of
conduct than does the current Section 8.28.050 and state law. It prohibits:
• Aggressive solicitation throughout the city (as defined in the ordinance)
• Solicitation by approaching motor vehicles stopped at a traffic signal, sign or light
• Distribution of materials to vehicle occupants stopped at a traffic signal, sign or light
• Solicitation of a person in a public parking lot or structure after dark
This chapter also incorporates two provisions from the recently repealed and amended
Chapter 8.32 – Vending and soliciting relating to soliciting, selling or canvassing on private
property.
This new chapter is intended to provide the Police Department with a more workable tool
to protect the safety of the general public against abusive conduct from persons engaged in
solicitation. The ordinance is narrowly tailored with reasonable time, place and manner
restrictions on solicitation in order to respect the constitutional right of free speech for all
citizens. Additionally, violators must be warned before being cited. This chapter has been
tailored to address areas of problematic solicitation within the city. Larger cities such as Los
Angeles have more expansive and aggressive solicitation ordinances that would not be
appropriate for Carlsbad.
C. Add new Chapter 8.38 – Obstruction of property, trespass, and disorderly conduct
A description of each section in proposed Chapter 8.38 (Exhibit 7) is provided below. The
obstruction and trespassing sections require a warning or signage before someone can be
cited.
1. Add new Section 8.38.030 – Unlawful obstruction of property
Section 11.32.030 of the code governs “unlawful acts” in parks and beaches located
within city limits. Subsection (25) of Section 11.32.020 makes it unlawful “(f)or any
person to assemble, collect or gather together in any walk, passageway, or pathway set
apart for the travel of persons through any park or beach or to occupy same so that the
free passage or use thereof by persons passing along the same shall be obstructed in
any manner.”
Proposed Section 8.38.030 supplements Section 11.32.030 with a more expansive
provision prohibiting the obstruction of all of these areas within the city:
• Public sidewalk, street, curb, parkway, crosswalk, walkway or pathway area,
highway or park
• Shopping center or other private property open to the patronage of the public
“in any manner that partially or completely blocks, obstructs, prevents or
otherwise hinders the free movement of people who may or may not yet
be present at the location in question, or in any manner that impedes
passage in contravention of federal or state disability access laws.”
Sept. 28, 2021 Item #9 Page 83 of 87
Staff recommend this provision based on officer encounters and complaints from
community members that their access to public passageways, parks and certain private
properties open to the public has been blocked or hindered by encampments or
individuals who loiter, sleep or leave possessions or structures in these areas. When
confronted or asked to move, some individuals refuse to do so and/or exhibit aggressive
behavior. This conduct puts the public safety at risk.
2. Add new Section 8.38.040 – Trespass on parking lots, shopping center property, and
other private property open to the patronage of the public
The code does not have a general trespassing ordinance that protects private property
owners. The only trespass ordinance is contained in Section 11.32.030(8), which
prohibits trespassing in parks or beaches where posted. Police have the option of
charging trespassers on private property under California Penal Code Sections 602(o)
and 602.1(a). Squatting can be charged under Penal Code Section 602(m). These charges
are handled by the District Attorney’s Office.
The proposed Section 8.38.040 protects the rights of private property owners and the
general public, who may repeatedly encounter and feel threatened by individuals who
remain on, wander, idle or loiter on any parking lot, shopping center property or any
other private property open to the public without visible or lawful business with the
owner or occupant or without written permission of the owner or possessor. By
prosecuting such offenders through the City Attorney’s Office, rather than the District
Attorney’s Office, the city can maintain more control over offenders and route them to
necessary services as a condition of probation.
3. Add new Section 8.38.050 – Disorderly conduct
The Police Department is limited in its enforcement capabilities under California Penal
Code Section 415 – Disturbing the peace. This Penal Code provision requires a citizen’s
arrest by the person whose peace is being disturbed, i.e., the victim and/or witness, to
arrest someone for a misdemeanor offense.
New Section 8.38.050 regulates conduct similar to that in Penal Code Section 415
without the requirement of a witness, other than a police officer, for most of the named
offenses.
D. Amend Section 8.44.040 – Consuming or possessing an open container of alcoholic
beverages in certain public places and parks owned by the city prohibited
Section 8.44.040 of the code prohibits anyone from possessing an open alcohol container or
consuming any alcoholic beverage in any public street, sidewalk, alley, highway or public
parking lot in the city’s V-B Village Barrio Zone – the city’s downtown and historic center –
and in Rotary Park. Under Section 8.44.020, drinking on any publicly accessible beach, or on
any street, sidewalk, alley, highway, public parking lot or bluff-top adjacent to such beach is
strictly prohibited, with the exception of the South Carlsbad State Beach campgrounds.
The proposed amendment to Section 8.44.040 (Exhibit 8) expands the open alcohol
container prohibition to include Holiday Park and Pine Avenue Community Park. The
ordinance provides an exception for persons who obtain a special event permit or a park
Sept. 28, 2021 Item #9 Page 84 of 87
and facility use permit before scheduling an event in public spaces that will include the
possession or consumption of open alcohol containers.
Consumption of alcohol in public may be charged as a misdemeanor, while the possessory
offense must be charged as an infraction, in accordance with the California Business and
Professions Code.
Staff recommend this amendment based on resident complaints and police enforcement
issues with alcohol being abused in these parks and on other city properties where
homeless individuals and others congregate. Abuse of alcohol creates health and safety
issues for both the abuser and the public at large.
Options
The following options are provided for the City Council’s consideration:
1. Introduce the proposed ordinance, which amends or adds the following code provisions:
• Amends Chapter 8.36 – Camping on Public Property
• Amends Section 8.28.050 – Distribution or solicitation to persons in vehicles
• Adds new Chapter 8.34 – Solicitation
• Adds new Chapter 8.38 – Obstruction of Property, Trespass, and Disorderly
Conduct
• Amends Section 8.44.040 – Consuming or possessing an open container of
alcoholic beverages in certain public places and parks owned by the city prohibited
Pros
• City ordinances, as opposed to Penal Code citations, provide the Police
Department with a more tailored enforcement option to address these quality of
life issues at the infraction and misdemeanor level.
• These changes in the municipal code address concerns the community expressed
during district townhall meetings related to homelessness.
• The ordinance complements the homeless resources authorized by the City
Council at the March 23, 2021, meeting.
• Misdemeanor cases could result in plea offers that require stay-away orders and
contacts with homeless services providers as a condition of probation. Stay-away
orders could alleviate the proliferation of encampments in ecologically sensitive
areas such as watercourses and native habitat areas, as well as in city parks and
parks frequented by the public.
Cons
• May disproportionately affect unsheltered persons.
• The city cannot control the outcome of a criminal case once filed; not every case
will result in a finding of guilt.
• Citations can create legal and financial barriers for people trying to exit the cycle
of homelessness.
• Some homeless people may have difficulty complying with the unlawful camping
and storage of property ordinances during the daytime hours because of a lack
of public storage facilities and shelter resources.
Sept. 28, 2021 Item #9 Page 85 of 87
2. Direct staff to return with an ordinance that includes some of the proposed amendments and
additions, as identified by the City Council
Pros
• Adoption of any of the proposed additions or amendments to the code adds
enforcement tools for the Police Department to use judiciously as the
circumstances warrant.
• Adopting just the amendments for Chapter 8.36.030 – Camping on Public
Property would make the city’s existing unlawful public camping ordinance
consistent with current law, rather than relying on police policies to achieve this
same goal.
Cons
• The elimination or modification of the proposed amendments or additions could
limit local enforcement options for quality of life offenses and related
community concerns.
2. Do not introduce the ordinance.
Pros
• All of the cons in Option 1
Cons
• All of the pros in Option 1
Staff recommend that the City Council select Option 1 and introduce the ordinance with all of
the proposed amendments and additions discussed in this staff report.
Fiscal Analysis
The proposed ordinance should not have an appreciable fiscal impact. It is difficult to predict
whether enforcement of the new provisions such as unlawful camping on private property,
storage of private property in public places, obstruction, trespass and open containers of
alcohol in Pine Avenue Community Park and Pine Park will impact overall police calls for service.
Enforcement costs for unlawful public camping offenses will remain substantially the same,
since the ordinance amendments essentially codify existing police policies. The Police
Department, its Homeless Outreach Team and the City Attorney’s Office will continue to use
available resources and the different enforcement options available to address community
concerns on this important issue.
Next Steps
If the ordinance is introduced by the City Council, the City Clerk’s Office will prepare it for
adoption at the next regular City Council meeting. Once it is adopted, the City Clerk will publish
the ordinance or a summary of the ordinance in a newspaper of general circulation within 15
days. The ordinance will be effective 30 days following its adoption. Staff will provide updates,
as appropriate, on the implementation of this ordinance in the quarterly updates for the City
Council’s goal to “reduc[e] the unsheltered homeless population by 50%, among those who
want help, within the next five years.”
Environmental Evaluation (CEQA)
Sept. 28, 2021 Item #9 Page 86 of 87
In keeping with California Public Resources Code Section 21065, this action does not constitute
a “project” within the meaning of the California Environmental Quality Act in that it has no
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. Therefore, it does not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Police Department homeless response data
2. Homeless related fires in the City of Carlsbad 2020-2021
3. Proposed ordinance:
a. Amends Chapter 8.36 – Camping on Public Property
b. Amends Section 8.28.050 – Distribution or solicitation to persons in vehicles
c. Adds new Chapter 8.34 – Solicitation
d. Adds new Chapter 8.38 – Obstruction of Property, Trespass, and Disorderly Conduct
e. Amends Section 8.44.040 – Consuming or possessing an open container of alcoholic
beverages in certain public places and parks owned by the city prohibited
4. Version of Chapter 8.36 showing revisions
5. Version of Section 8.28.050 showing revisions
6. Version of new Chapter 8.34 showing revisions
7. Version of new Chapter 8.38 showing revisions
8. Version of Section 8.44.040 showing revisions
Sept. 28, 2021 Item #9 Page 87 of 87
Hector Gomez
All Receive - Agenda Item # q
For the Information of the:
CITY COUNCIL
Date 9/27/21 CA Y-CC
CM Y ACM x- DCM (3L.
From: Council Internet Email
Sent: Monday, September 27, 2021 7:56 AM
To: City Clerk
Subject: FW: Proposed Ordinances: Misdemeanors
From: Lela Panagides <info@friendsoflaposada.org>
Sent: Saturday, September 25, 2021 10:17 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Cc: Board <board@friendsoflaposada.org>
Subject: Proposed Ordinances: Misdemeanors
Dear Carlsbad City Council,
As a Carlsbad based non-profit that has been helping to prevent homelessness for 31 years in North County,
we are writing to strongly oppose changing our city laws to start charging our unhoused community with
misdemeanors when they commit crimes of poverty or nuisance.
We are in support of public safety for our residents and feel there is a better way to address these concerns.
Individuals experiencing homelessness are impacted by contributing factors such as economic hardship,
mental health issues, or substance abuse. Criminalizing community members who are experiencing hardships,
by issuing citations or arresting them, does not change behavior because it doesn't address the root causes.
In terms of human and civil rights, it does not reflect well on our city to treat our underserved community as
criminals when they are experiencing hardships and are simply trying to find a place to sleep. Carlsbad has
only 59 shelter beds restricted to single men to serve a population of diverse individuals experiencing
homelessness. Many have been residents for many years and are newly homeless. The pandemic has
impacted everyone in the community, especially the working poor and the homeless.
Efforts should be increased to create the hotel voucher program, which has not moved forward as originally
planned. We recommend finding humanitarian solutions to the homeless crisis in our community rather than
spending city time, money, and resources on finding ways to criminalize our most vulnerable population.
Please do not criminalize homelessness. This is not the solution to this challenging problem.
Sincerely,
The Friends of La Posada Board of Directors
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
1
Hector Gomez
From: Robert Lee <rfamylee@hotmail.com>
Sent: Monday, September 27, 2021 9:37 AM
To: City Clerk; Matthew Hall; Peder Norby; Priya Bhat-Patel; Teresa Acosta; Keith Blackburn
Cc: 'Tracey Foster'; Kevin Lehan
Subject: City Council Meeting Comment, Item #9, 9-28-2021
Attachments: Rotary Park, 9-26-2021, 1546 PMjpg; Carlsbad Village Drive, 9-26-2021, 1547 PMjpg; Village Faire
Shops, 9-26-2021 1548 PMjpg; Near Coaster Station, 9-26-2021 1556 PMjpg; Magee Park,
9-26-2021, 1616 PMjpg; Carlsbad Blvd. Bluff Sidewalk, 9-26-2021, 1620 PMjpg; Tamarack-Fwy 5
Overpass, 9-26-2021, 1636 PMjpg; Rotary Park, 9-27-2021, 0714 AMjpg; Rotary Park, 9-27-2021,
0715 AMjpg; Pine Park, 9-27-2021, 0724 AM.jpg
All of us are fully aware of the homeless crisis we face here in the United States. There is no denying the
negative impact the homeless population has had on the daily lives of everyone. Close to home for those us
who reside here in Carlsbad, we have witnessed a disturbing recent increase in the homeless occupation of
public and private property. Residents, visitors and tourists have been vocal about the frustrating intrusion
that infringes on their ability to enjoy commercial venues, restaurants, parks, public transit facilities, street
thoroughfares and sidewalks. We have become annoyingly familiar with seeing trash, witnessing drug deals
and experiencing physical obstructions, but many of us have also been subjected to verbal abuse when
passing by homeless gatherings. Tolerating loitering and outright encampments has sent a message that
unlawful congregating is allowed in Carlsbad. At the expense of the taxpaying constituent residents of
Carlsbad, the needs of the homeless contingent have become a misguided priority. Though the homeless
population is small when compared to the citizenry of our town, we have gradually allowed that small
minority to dictate our quality of life.
To enjoy the desirable amenities that Carlsbad has to offer without interference, a balance can be struck to
benefit the homeless but also to restore our own freedom of access to areas to use as they were intended. To
achieve that goal, enforceable ordinances must be in place that discourage the behavior and sense of
entitlement that most of us now resent. Including our own police department, law enforcement agencies can
be given the tools to employ to render compassionate aid and shelter to homeless individuals who want help,
but also manage those who refuse it.
Very little guidance has come from the state level. One could say that the absence of state legislation has
contributed to the massive increase in California's homeless population. The disappointing failure of state
government to pass effective laws to address homelessness, has led local municipalities and judicial districts to
act on their own. A ruling and order issued by district judge David Carter which sought to clean up LA's Skid
Row, was recently overturned on appeal by the 9th Circuit Court of Appeals. What was seen as a setback by
many businesses, the decision seems to place the burden of responsibility for homelessness on local
governments. The proposed amendments to Title 8 of Carlsbad's Municipal Code which directly address
homelessness are in accord with the opinion of the 9th Circuit and suggest that a bold approval by the city
council members is indicated. A version of the amendment that prohibits overnight parking and camping at all
times would provide the clearest message and best benefit to both the homeless and residents of our
community. You are strongly urged to vote in favor of adopting the new ordinance.
The timing is perfect to seize the opportunity to make a difference. Quoting the wisdom of Judge Carter, "If
not now, when, if not us, then who?".
Attached are photos taken within the last 24 hours to document what we all see each day. They demonstrate
the magnitude of the problem and the urgent need for a solution.
1
Respectfully,
Dr. Robert Lee
Cell: (760) 207-2365
Here is a link to a discussion of the recent 9th Circuit hearing:
https://laist.cominews/housing-homelessnessiin-appeal-hearing-a-ludicial-panel-signa Is-sympathy-for-judge-
carters-judicial-frustration-over-1-a-homelessness
In Appeal Hearing, A Judicial Panel
Signals Sympathy For Judge Carter's
'Judicial Frustration' Over LA
Homelessness I LAist
On Wednesday, a three-judge panel of the Ninth Circuit
Court of Appeals heard oral arguments in an appeal of
Judge David 0. Carter's major homelessness injunction.
laist.com
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safe.
2
Hector Gomez
From: brende14776@gmail.com
Sent: Saturday, September 25, 2021 9:56 AM
To: City Clerk
Subject: Sept 28 City Council Meeting
Dear Mayor and Councilnnembers
Please make tough decisions on Tuesday, September 28 to improve the lives of homeless people, but at the same time
to improve the lives of Carlsbad residents, business owners/employees, and tourists alike. Additionally, make tough
decisions to give our excellent police force the tools they need to effectively do their jobs.
Sincerely,
Steve and Cathy Brendel
Sent from my iPhone
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1
Hector Gomez
From: brende14776@gmail.com
Sent: Thursday, September 16, 2021 8:16 AM
To: City Clerk
Cc: Carlsbad PD
Subject: Support of Ordinance Amending Title 8
> Mayor and City Council Members
> Thank you for passing the first reading:
>
> Amending Ordinance of Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces.
> We very much support your approval of the second reading of the changes to the ordinance. This is of vital importance
to help our Police Officers effectively do their jobs.
> Sincerely,
> Steve and Cathy Brendel
> 721 Grand Avenue
> Carlsbad, CA
>
>
>
> Sent from my iPhone
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1
Hector Gomez
From: Mark Lewis <marklewistrombone@gmail.com>
Sent: Thursday, September 16, 2021 5:41 PM
To: City Clerk
Subject: Support of Ordinance Amending Title 8
Mayor and City Council Members
Thank you for passing the first reading:
Amending Ordinance of Title 8 of the Carlsbad
Municipal Code to Address Quality of Life Concerns
Related to Homelessness and Public Spaces.
We very much support your approval of the second
reading of the changes to the ordinance. This is of
vital importance to help our Police Officers effectively
do their jobs.
Sincerely,
Mark Lewis
4784 Beachwood Ct
Carlsbad, CA
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safe.
1
Hector Gomez
From: Jan Lewis <jlewiscbad@gnnail.com>
Sent: Thursday, September 16, 2021 7:27 PM
To: City Clerk
Subject: Support of Ordinance Amending Title 8
Mayor & City Council Members
Thank you for passing the first reading:
Amending Ordinance of Title 8 of the Carlsbad Code to Address Quality of Life Concerns Related to Homelessness and
Public Spaces.
We support your approval of the second reading of the changes to the ordinance.
This is of vital importance to help our Police Officers effectively do their jobs.
Regards,
Jan Lewis
4784 Beachwood Ct.
Carlsbad, CA 92008
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1
Hector Gomez
From: Greg Houlgate <greghoulgate@gmail.com>
Sent: Thursday, September 16, 2021 10:37 PM
To: City Clerk
Cc: CarlsbadPD; Grand Madison Owners; Bruce Pettibone; Maureen Simons; Matt Simons
Subject: Support of Ordinance Amending Title 8
Dear Mayor and City Council Members
Thank you for passing the first reading:
Amending Ordinance of Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to
Homelessness and Public Spaces.
We very much support your approval of the second reading of the changes to the ordinance. This is of vital importance
to help our Police Officers effectively do their jobs.
Sincerely,
Proud Citizen, Business Owner and Promoter of Carlsbad
Greg Houlgate
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
s.71;1
1
Hector Gomez
From: Lela Panagides <lela@leapintoleadership.com>
Sent: Monday, September 20, 2021 12:50 PM
To: Council Internet Email
Cc: City Clerk; Scott Chadwick
Subject: Changes to City Laws - Homelessness
Dear Carlsbad City Council,
I am writing to you to support public safety for our residents in regard to those who are unsheltered
but strongly oppose making the offenses and proposed changes to city laws chargeable as a misdemeanor. The
misdemeanors, to be discussed by Council on September 28, are crimes of poverty or nuisance. However, if a homeless
individual, like any other person, commits a serious crime, they need to be held accountable. Ventura Chief Ken Corney
said, "Homelessness is a community-wide problem that is often punted to the policing profession to solve." Because the
Carlsbad police department is on the front lines of this issue, I commend our dedicated officers who are making an
individual difference in their response to homelessness in our community.
Individuals experiencing homelessness are impacted by contributing factors such as economic hardship, mental health
issues, or substance abuse. Repeating the cycle of criminal justice, including issuing citations or making arrests, does not
necessarily change behavior because it doesn't address the root causes. Also, in terms of a human and civil rights issue,
it does not reflect well on us as a community to 'kick people when they are down.'
One possible solution to addresses the nuisance issues related to homelessness is to develop a community court. In the
July 2019 issue of Police Chief Magazine, author Tim Gately proposes this idea. He writes: "Community courts offer an
alternative to the traditional, structured, and sometimes inflexible court systems that exist in most places today.
Community court offers a problem-solving approach, allowing participants to identify and address challenges that
prevent participation in the traditional court system or contribute to further criminal activity. The collaborative nature
ensures participants help themselves. Community stakeholder engagement creates strong and safer neighborhoods, all
while reducing recidivism."
Also, it is interesting to note that for the past several years, researchers at Portland State University have analyzed
Portland's Service Coordination Team, which targets individuals who are homeless and involved in the justice system.
Their most recent study found that every dollar invested in the program resulted in $13 in savings in crime and justice
system costs. Carlsbad city staff should look into the community court program and the Service Coordination Team
program as best practices in response to homelessness.
Finally, I recommend this IACP Conference video `Best Practice Approaches to Address Homelessness for Smaller Cities,'
presented by Police Chief John Carli from Vacaville, CA (pop. 100,000)
"We cannot arrest our way out of the issue of homelessness." Lt. Mark Donaldson, Vacaville, CA Police Department
"The goal is...that you got someone off the street because you found a solution and not because you took them to
jail." Police Chief John Carli, Vacaville, CA
You can find the video here:
https://www.youtube.com/watch?v=bgopRwrVo9g&t=113s
You can find the full Police Response to Homelessness (PERF) report here:
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https://www.policeforum.ordassets/PoliceResponsetoHomelessness.pdf
In any collaborative endeavor to address wide ranging social issues, leadership at all levels is required to ensure success.
Please do not criminalize homelessness. This is not the solution to this challenging problem.
Best regards,
Lela Panagides
Carlsbad Resident
Member of the International Association of Chiefs of PoliceBlue Courage Certified Instructor
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2
Hector Gomez
From: Council Internet Email
Sent: Tuesday, September 21, 2021 7:54 AM
To: City Clerk
Subject: FW: 9/28 meeting regarding laws to address homeless complaints - suggested area of enforcement
Original Message
From: Melissa Lane <lanemelissa_99@yahoo.com>
Sent: Tuesday, September 21, 2021 7:39 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: 9/28 meeting regarding laws to address homeless complaints - suggested area of enforcement
Dear Carlsbad City Council members,
I would like to extend a warm welcome to Peter Norby (my new D1 representative). Thank you for serving our
community.
I read the Housing & Homeless Services Community Update announcement that you are considering new laws to
manage the growing homeless population in Carlsbad, and I would like to see the beach boardwalk between Pine Ave
Community Park and Tamarack as an area where these laws will cover. This area is used by many people every day, and
I see an increasing number of homeless people camping on and around the cement benches along the boardwalk. I used
to see one person a week on average walking the boardwalk in the morning. Lately there are 3 or 4 "regulars" I see daily,
and one of the recent arrivals is someone I walk across the street to avoid if I'm not with my husband. If you don't get on
top of this soon, we could have our very own Venice Beach crisis there.
One egregious example of this problem is man with a long beard and long hair who camps with a Von's shopping cart
around a beach just south of Pine Avenue. He has been there for an extended period of time and seems to be making it
his home. This man is openly using drugs in his new home overlooking the ocean. I've seen him smoking and rolling
marijuana cigarettes, smoking from some sort glass of pipe, and others posting on Next Door have seen him snorting
lines of an unknown substance. When he isn't doing drugs, he is either sleeping or shouting nonsense and profanities at
those walking by. Recently, I saw 4 or more emergency vehicles responding to an incident involving this same man at his
new home. He is wasting our city's resources and our first responders' valuable time with his antics. I wonder why he
hasn't been jailed for possession of illegal substances and why he is allowed to continue to harass residents/tourists and
their impressionable children.
Continuing to allow this behavior anywhere in town, but notably on the beach boardwalk is a problem that the city
should be getting ahead of or it is going to spiral out of control. Please increase the enforcement you are able to do in
this area, and include it in new laws being created to manage the homeless population.
Sincerely,
Melissa Lane
Walnut Ave
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Council Internet Email
Tuesday, September 21, 2021 7:54 AM
City Clerk
Subject: FW: 9/28 meeting regarding laws to address homeless complaints -suggested area of
enforcement
-----Original Message-----
From: Melissa Lane <1anemelissa_99@yahoo.com>
Sent: Tuesday, September 21, 2021 7:39 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
All Receive -Agenda Item # 3,..
For the Information of the:
CITY COUNCIL
Date1/rli/"J / CA /cc ~
CM -./ACM ~CM (3) _
Subject: 9/28 meeting regarding laws to address homeless complaints -suggested area of enforcement
Dear Carlsbad City Council members,
I would like to. extend a warm welcome to Peter Norby (my new Dl representative). Thank you for serving our
community.
I read the Housing & Homeless Services Community Update announcement that you are considering new laws
to manage the growing homeless population in Carlsbad, and I would like to see the beach boardwalk
between Pine Ave Community Park and Tamarack as an area where these laws will cover. This area is used by
many people every day, and I see an increasing number of homeless people camping on and around the
cement benches along the boardwalk. I used to see one person a week on average walking the boardwalk in
the morning. Lately there are 3 or 4 "regulars" I see daily, and one of the recent arrivals is someone I walk
across the street to avoid if I'm not with my husband. If you don't get on top of this soon, we could have our
very own Venice Beach crisis there.
One egregious example of this problem is man with a long beard and long hair who camps with a Von's
shopping cart around a beach just south of Pine Avenue. He has been there for an extended period of time
and seems to be making it his home. This man is openly using drugs in his new home overlooking the ocean.
I've seen him smoking and rolling marijuana cigarettes, smoking from some sort glass of pipe, and others
posting on Next Door have seen him snorting lines of an unknown substance. When he isn't doing drugs, he is
either sleeping or shouting nonsense and profanities at those walking by. Recently, I saw 4 or more emergency
vehicles responding to an incident involving this same man at his new home. He is wasting our city's resources
and our first responders' valuable time with his antics. I wonder why he hasn't been jailed for possession of
illegal substances and why he is allowed to continue to harass residents/tourists and their impressionable
children.
Continuing to allow this behavior anywhere in town, but notably on the beach boardwalk is a problem that the
city should be getting ahead of or it is going to spiral out of control. Please increase the enforcement you are
able to do in this area, and include it in new laws being created to manage the homeless population.
Sincerely,
Melissa Lane
1
Walnut Ave
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safe.
2
Tammy Clo ud-McMinn
From:
Sent:
To:
Subject:
Julia Darling <jvdarling@roadrunner.com >
Monday, September 27, 2021 5:21 PM
City Clerk
Homelessness ordinances
I would not be in favor of increasing ordinances that punish homeless. There are people that lie on the beach and fall
asleep in the afternoon sun . Will these people be arrested too? I am glad we have a homeless outreach team and I
hope they can be available if someone is aggressive, perhaps in an agitated state. However, if someone is struggling
with survival, getting a fine and/or being taken to jail will not be helpful in getting them to a more viable living
situation. I appreciate that Ca rlsbad has been willing to fund a voucher program and I see that there are many barriers
to actually making this happen. This should be the focus of attention rather than criminalizing people who do not have
housing.
Julia Darling
92009
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Councilmembers,
Diana A <dra805@gmail.com>
Monday, September 27, 2021 6:22 PM
City Clerk
9/28 agenda #11
All Receive -Agenda Item # ..LL
For the Information of the:
CITY COUNCIL
Date°J/Jg/Jt A~C~
CM ~CM _./DCM (3) _
I am questioning why our city dollars of $47M are being used to subsidize a golf course
that seems to only benefit a small portion of our residents. This does not seem to be the
best use of city funds. Council should evaluate the ROI of the golf course.
Thanks, Diana Aguirre D3 Resident
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Attachments:
President LWVNCSD <president@lwvncsd.org>
Tuesday, September 28, 2021 9:44 AM
City Clerk
Comments for 9/28/21 City Council Meeting
Carlsbad City Council 9_28_21 .pdf
I have attached comments regarding Agenda items 8 and 9 at the City Council meeting on 9/28/21.
Thank you,
Karen Sutton
President
League of Women Voters North County San Diego
League of Women Voters North County San Diego Website
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safe.
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
David Hall <dqhall44@gmail.com>
Tuesday, September 28, 2021 10:21 AM
City Clerk
Re: PAC
Yes, that is correct. Today's meeting please. Items #3, #8, #9. Thank you.
On Tue, Sep 28, 2021 at 10:17 AM City Clerk <Clerk@carlsbadca.gov> wrote:
All Receive -Agenda Item# q
For the Information of the:
CITY COUNCIL
oate°J/'7t?/JICA ........--cc ~
CM~ /ocM (3)_:::::-
Please clarify if this email is for the record for today's meeting and which items you are
referencing.
Kind regards,
Tammy McMinn, CPMC, CMC
Senior Deputy City Cle rk
City of Carlsbad
760-434-2953
From: David Hall [mailto:dqhall44@gmail.com]
Sent: Tuesday, September 28, 202110:09 AM
To: City Cle~k <Clerk@carlsbadca.gov>
Cc: Diana Aguirre <dra805@gmail.com>
Subject: Fwd: PAC
-------~--Forwarded message ---------
, From: David Hall <dqhall44@gmail.com>
Date: Tue, Sep 28, 2021 at 8:57 AM
Subject: PAC
To: <info@demcco.org>
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Dear Council members,
Bill Fowler <wwfowler@gmail.com>
Tuesday, September 28, 2021 12:36 PM
Council Internet Email; Keith Blackburn; City Clerk
City Council Agenda (9/28/2021) Item #9
It is a mistake to charge homeless individuals with a crime (even a misdemeanor) for being homeless. Charging a
homeless person with a crime and a demand to appear in court does nothing and is a waste of CPD resources. The
chances of them showing up for their hearing is practically nil. It is simply an attempt to move them elsewhere and it is
obviously ineffective. There are much more productive alternatives.
Thank you,
Bill Fowler
District 2 Resident
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1