Loading...
Ordinance - 2334ORDINANCE NO. 2334 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING CHAPTER 19-14 (UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF TITLE 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST COVINA MUNICIPAL CODE REGARDING CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES WHEREAS, the City of West Covina has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council of the City of West Covina finds that large amounts of Personal Property are being left unattended in public areas throughout the City, and that such Personal Property creates blight within the City, and obstructs the public rights -of -way; and WHEREAS, the City Council finds that unattended Personal Property in public areas interferes with access to such public areas and to businesses, and thereby negatively affects quality of life, as well as the profitable operation of such businesses; and WHEREAS, the City Council finds that unattended Personal Property in public areas constitutes a threat to the health and safety of the people, as such Personal Property may attract vermin, increase the risk of the spread of communicable diseases, such as Hepatitis A, and interfere with safe passage for pedestrians and the disabled across public rights -of -way as well as preventing use of public facilities such as parks, community centers, restrooms, etc.; and WHEREAS, the City Council finds that individuals have a protectable possessory interest in property that they leave unattended in public places and parks, and that such property may include important items such as identification papers, heirlooms, medications, toiletries and clothing; and WHEREAS, the City Council finds that the public's interests in having blight -free parks and public rights -of -way is outweighed by the more immediate interests of individuals in not having their personal belongings summarily destroyed; and WHEREAS, Section 2080, et seq. of the California Civil Code provides for the disposition and care of lost and unclaimed property, and Section 2080.4 authorizes the City of West Covina to enact its own provisions; and WHEREAS, the City Council finds that unlawful camping in public areas, including streets and parks, causes blight, obstructs the public -rights -of way, prevents public property from being used for its intended purposes, and obstructs access to businesses and public facilities; and WHEREAS, the City Council finds that unattended property in public areas and unlawful camping are different problems that cause blight in the City of West Covina, and should be addressed in ways that are specifically tailored to each problem; and WHEREAS, the California Supreme Court has upheld ordinances that prohibit camping and storage of Personal Property in public areas, Tobe v. City of Santa Ana, 9 Cal. 4th 1069 (1995); and WHEREAS, the City Council has determined that the adoption of this ordinance is not a project for purposes of the California Environmental Quality Act (CEQA) in that it is a general policy and procedure for maintenance of the public right of way and city parks, and even if it were a project, it would be categorically exempt from CEQA pursuant to Section 15061(b)(3) in that it can be seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment. The action is also categorically exempt under section 15308 (actions taken to ensure the maintenance, restoration or protection of the environment); and WHEREAS, all legal prerequisites prior to the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct. SECTION 2: Chapter 19-14 (Unlawful Camping and Storage of Personal Property) of Title 19 (Streets, Sidewalks and Public Places) is hereby added as follows: Chapter 19-14 UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY 19-14.010 Purpose. A. The public streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes and/or for storage of Personal Property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain the public streets and public areas in blight -free conditions, to secure access to public areas and to businesses, and to ensure that public property is used for its intended purposes and remains accessible to all citizens, businesses and visitors in the City of West Covina. B. Large amounts of Personal Property are being left unattended in public areas throughout the City, and such Personal Property creates blight, obstructs the public rights -of -way, interferes with access to public areas, precludes the use of city parks and park amenities for their intended purpose, interferes with access to businesses, and thus negatively affects quality of life in the City, and negatively affects the profitable operation of such businesses. 19-14.020 Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this section. Abandoned Personal Property means Personal Property that the owner surrenders, relinquishes, or disclaims. Indicia of abandoned Personal Property shall include, but not be limited to: Personal Property that its owner has indicated he/she does not want; Personal Property left on private real property for any period of time without the permission of the real property owner or current tenant, or Personal Property left in public buildings, on public property or in the public right of way. 2. Alley shall -have the same meaning as Section 110 of the California Vehicle Code. 3. Backyard camping shall mean camping in a property owner's (or lawful tenant's) own backyard, with the permission of the property owner/tenant, which is intended as a short-term recreational activity. 4. Camp means to pitch or occupy camp facilities; to use camp paraphernalia. 5. Camp facilities include, but are not limited to, tents, huts or temporary shelters. 6. Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non -City designated cooking facilities and similar equipment. 7. Chief of Police means the Chief of Police of the City of West Covina, and shall include his/her designee. 8. City Clerk means the City Clerk of the City of West Covina, and shall include his/her designee. 9. City Manager shall have the same meaning as Section 2.146, et seq., of this Code, and shall include his/her designee. 10. Community Services Director means the Community Services Director of the City of West Covina, and shall include his/her designee. 11. Finance Director means the Finance Director of the City of West Covina, and shall include his/her designee. 12. Park shall include all grounds, roadways, avenues, parks, buildings, parking lots, school facilities when they are in use as recreational facilities, or to serve recreational facilities. 13. Police Department means the West Covina Police Department. 14. Public Area means and includes, but is not limited to, any street, alley, park, public right-of- way, recreational area or other place to which the public has access. Public areas include private streets and alleys. 15. Personal Property means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as furniture, cooking utensils, money and books. For the purposes of this chapter, Personal Property shall not include real property, vehicles, or animals. 16. Real property means land and anything growing on, attached to, or erected on it, and shall not include Personal Property that is not attached to the real property. Real property includes land, buildings and easements. 17. Community Services Department means the Community Services Department of the City of West Covina. 18. Storage of Personal Property in public areas means accumulating or putting aside Personal Property, placing it for safekeeping, or leaving it in Public Areas; or Personal Property that is left unattended in any Public Area lacking a guard, escort, caretaker, or other watcher. 19. Street shall have the same meaning as Section 591 of the California Vehicle Code. 20. Unclaimed Personal Property means Personal Property that has been turned in to the Chief of Police pursuant to Section 19-14.060, and that has not been claimed within a period of ninety (90) days by its true owner or finder. 19-14.030 Camping in public areas prohibited — Barbeque pits. A. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise designated by the Community Services Department, and as permitted by the Community Services Director: 1. Any street or alley; 2. Any public parking lot or Public Area, improved or unimproved. B. Burning any substance or fuel other than barbeque briquettes in barbeque pits provided in the parks is prohibited. 19-14.040 Camping on private property prohibited. A. Camping on private property shall be prohibited. B. Exceptions. Camping is permitted under the following circumstances: 1. Camping within camping grounds licensed by the Community Services Department. 2. Camping consistent with Chapter 16.18 of this Code. 3. Backyard camping. 19-14.050 Storage of Personal Property in public areas prohibited. A. It shall be unlawful for any person to store Personal Property in any Public Area, except as otherwise approved in writing by the Community Services Director. Personal Property stored in Public Areas in violation of this section shall be impounded pursuant to Sections 19-14.060 through 19-14.100 of this chapter. B. Any Personal Property left in any City park at the time the park is closed to the public, whether or not the Personal Property is unattended, may be immediately impounded, pursuant to the provisions of Sections 19-14.060 through 19-14.100 of this chapter. 19-14.060 Chief of Police to receive Personal Property. The Chief of Police shall make provisions for receiving and safekeeping of Personal Property found unattended or unlawfully stored in a Public Area, and coming into his or her possession under the provisions of this Chapter. A receipt shall be issued to the person delivering such Personal Property, unless the Personal Property was found in the course of employment by an employee of the City. The Police Department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the Personal Property and where it may be claimed. The Police Department may require the owner to pay a reasonable charge to defray the costs of storage and care of the Personal Property. 19-14.070 Notice. A. In the event that the Personal Property is found in the course of employment by an employee of the City, the employee shall leave a notice in a prominent place for any Personal Property taken, including advising where the Personal Property is being kept and when it may be claimed by its rightful owner. B. The City shall determine what, if any, areas of the City suffer from blight due to storage of Personal Property in public places, parks, or streets and alleys, and erect signs in those areas so as to provide additional notice. 19-14.080 Holding and disposal of stored/unattended Personal Property. Found Personal Property including money shall be deposited in a safe place for a period of at least ninety (90) days, unless sooner claimed by the true owner. In the event the Personal Property or money is not claimed within ninety (90) days, it shall be deemed to be unclaimed Personal Property, subject to disposal as provided in this chapter. 19-14.090 True owner may claim Personal Property. During the time that any found Personal Property is held by the City, it may be delivered or paid to the true owner as follows: A. The Personal Property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any others who have asserted a claim of ownership, at any address given by such persons. B. If the Personal Property consists of money, it shall be paid to the true owner upon the same proof of ownership and with the same notice as prescribed in the case of property. C. If ownership cannot be determined to the satisfaction of the Chief of Police, he or she may refuse to deliver the Personal Property or order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction. 19-14.100 Finder may reclaim property or money. A. If the reported value of the Personal Property is $250.00 (two hundred fifty dollars) or more, and the true owner does not appear and prove his or her ownership of the Personal Property within ninety (90) days, the Chief of Police shall cause notice of the Personal Property to be published once in a newspaper of general circulation, currently the San Gabriel Valley Tribune. If, after seven (7) days following the first publication of the notice, no owner appears and proves his or her ownership of the Personal Property, and the person who found or saved the Personal Property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the Personal Property, unless the Personal Property was found in the course of employment by an employee of the City, wherein the Personal Property shall be sold at auction as provided in Section 19-14.110 below. B. In the event the reported value of the Personal Property is less than $250.00 (two hundred fifty dollars) and no owner appears to prove his or her ownership of the Personal Property within ninety (90) days, the title shall vest in the person who found or saved the Personal Property, unless the Personal Property was found in the course of employment by an employee of the City, in which case the Personal Property shall be sold at public auction as provided in Section 19-14.110 below. Personal Property deemed to have negligible or no value may be destroyed, at the City's discretion. 19-14.110 Unclaimed Personal Property to be used by City or sold at auction -- Notice. A. Upon expiration of the ninety (90) day period, any Personal Property received by the City and not delivered to the true owner or finder may be appropriated to the use of the City of West Covina upon order of the City Manager on his or her finding that the Personal Property is needed for a public use, and any Personal Property not appropriated to City use may be sold at public auction to the highest bidder. B. All unclaimed money received by the Chief of Police, and not delivered to the true owner or the finder during the ninety (90) day period, shall thereafter be turned over to the Finance Manager to be held until the statutory limit as defined by California Government Code 50050 and 50055. C. Notice of the sale at auction of unclaimed Personal Property shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation. 19-14.110 Conduct of auction. An auction for the sale of unclaimed Personal Property shall be conducted by the City Manager. 19-14.120 Proceeds to be deposited in general fund. After any auction for unclaimed Personal Property is completed, the proceeds of the auction shall be delivered to the Finance Manager for deposit in the general fund. 19-14.130 Unsalable and unusable Personal Property. Any Personal Property advertised and offered for sale but not sold and not suitable for appropriation to the use of the City shall be deemed to be of no value and shall be disposed of in such manner as the City Manager deems appropriate. 19-14.140 Dangerous or perishable Personal Property; Evidence. Any Personal Property coming into the possession of the Chief of Police may be disposed of immediately and without notice, in a manner that the Chief of Police determines to be in the public interest, when such Personal Property is perishable, contraband pursuant to state or federal law, or constitutes an immediate threat to the public health or safety. 19-14.150 Provisions not applicable. A. The provisions of this chapter shall not apply to real or Personal Property or money subject to confiscation pursuant to state or federal law, to Personal Property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. B. The provisions of this chapter shall apply to Personal Property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition. C. The provisions of this chapter shall not apply to Personal Property that has been abandoned by its owner. Abandoned Personal Property shall be disposed of forthwith. 19-14.160 Penalty. Violations of this Chapter shall not be punishable pursuant to the provisions of Section 1-37 and/or 1- 37.1 of this Code. Violations of this Chapter may be corrected by any available non -criminal legal or equitable remedy, each remedy not exclusive of any other remedy. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED, APPROVED, AND ADOPTED on this APPROVED AS TO FORM: ATTEST: Kim erly Haltbarlow Nickolas Lewis City Attorney City Clerk I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 6 h day of February, 2018. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 201' day of February, 2018, by the following vote: AYES: NOES: ABSENT: Johnson, Toma, Warshaw, Wu, Spence None None ABSTAIN: None ickolas,8.,f, �s City Clerk `!