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Home My Public Portal About90-908U ORDINANCE NO. 90- 908 U AN ORDINANCE OF THE CITY OF CARSON PROHIBITING CAMPING, THE ESTABLISHMENT OF CAMPSITES ON PUBLIC PROPERTY, AND SLEEPING ON PUBLIC PROPERTY IN THE CITY OF CARSON, PROVIDING PENALTIES THEREFOR AND PROVIDING FOR SEIZURE OF PERSONAL PROPERTY USED IN CERTAIN VIOLATIONS OF THE CARSON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CARSON DOES ORDAIN AS FOLLOWS: Section 1. Article I. Chapter 2 of the Carson Municipal Code is hereby amended by adding a section 1202 thereto to read: 111202. Seizure of Personal Property Used in Certain Violations of this Code An arresting officer in connection with making an arrest or a City of Carson Code Enforcement Officer in connection with issuing a citation to any person for violation of Section 4118, 4118.11 4118.2, 4125, 4126 or 4147 of this Code, may seize and take into possession personal property not to exceed One Thousand Dollars ($1,000.00) in value in the possession or control of such person and used or involved in the commission of the violation for which the arrest is made or citation issued, if the act or conduct for which such arrest is made or citation is issued has caused, or resulted in, or is causing or resulting in, or is in the immediate proximity of�any vehicular or pedestrian traffic congestion, an automobile accident or other emergency situation, a parade, demonstration, or public or other event attended by an assembly or gathering of a large number of persons, or in the event of imminent danger to the person with respect to whom the citation is issued or arrest is made. (a) The officer or code enforcement officer seizing personal property pursuant to the provisions of this section shall issue a receipt therefor to the person from whose possession or control such property is taken and cause such property to be stored in the control of the City for safekeeping. Said receipt shall contain a notice stating in substance that the person claiming ownership of said property may file a written claim therefor with the Director of Public Safety of the City of Carson, at the City Hall within ten (10) days after date of such seizure, and that in the absence of receipt of such a claim within said time said personal property shall escheat to and become the property of the City of Carson and may be disposed of by the City without further notice. One copy of said receipt and notice shall be attached to the copy of the complaint or citation filed with the court. Such claim shall set forth the name, address and fact of ownership of such property. (b) If a written claim is filed with the Director of Public Safety in accordance with the requirements of subsection (a) , a hearing shall be held by the Director of Public Safety or his designee within ten (10) days after such claim is filed. If the ownership of such property is established by credible evidence as 900501 mo 0040273 0 Ordinance No. 90-908U/Page l of 3 determined by the hearing officer, the property shall be released to the owner thereof. If the hearing officer shall find that the ownership of such property has not been so established, the hearing officer shall deny the claim. The claimant may file a written appeal from such denial with the City Administrator of the City. The City Administrator or his designee shall conduct a hearing or such appeal within seven (7) days after the filing of such appeal. (c) The City may impose a reasonable storage fee to cover the cost of storing personal property seized pursuant to this section. The release of said property shall be conditioned upon full payment of the applicable fee. (d) The City is not liable for the deterioration or depreciation of seized personal property while in the City's custody. " Section 2 . Article IV, Chapter 1 of the Carson Municipal Code is hereby amended by adding sections 4146 and 4147 thereto to read: 114146. Camping on Public Property It shall be unlawful for any person to camp in: (1) any public park; (2) any public street, alley, lane, public right of way; or (3) any public parking lot or public area, improved, or unimproved. (a) As used in this section, "to camp" shall be defined as to set up, or to remain in or at, a campsite. (b) A campsite shall mean and include any place where any bedding, sleeping bag or other sleeping matter, or any stove, or other cooking equipment, or fire, is placed, established or maintained, whether or not such place incorporates the use of any tent, lean- to, or any other structure, or any vehicle or part thereof. Campsites shall not include any area specifically designated by the City Council for such purpose. 4147. Sleeping on Public Property It shall be unlawful for any person to sleep in: (1) any public park during the period of time from 10:00 p.m. to 6: 00 a.m. ; (2) any public street, alley, lane, or public right of way; (3) any public parking lot or public area, improved or unimproved. " Section 3 . The onset of warmer weather and the arrival of summer is resulting in a proliferation of non-motorized vehicles from which sales are being made of ice cream, popsicles, confections, food, and other goods, wares or merchandise on the streets of Carson. Improved weather conditions are also leading to an increase in sales of such items from vehicles as well. Such proliferation is continuing daily and is likely to increase. Such sales are frequently resulting in traffic congestion, posing a hazard to vendors and citizens alike. The City also anticipates one or more major crowd gathering events at which such unauthorized sales will pose a serious threat to public safety. The present amendment is directed towards the need to effectively enforce the existing prohibitions against such sales and to prevent unnecessary hazards to persons and property caused thereby. Since the City does expect one or more large crowd gathering events in the near future, at which individuals may attempt to camp and/or sleep in public areas, a 900501 = 0040273 0 -2- urdinance no. Yu-yuuu/rage -) oc j need has arisen to restrict such activities in the interest of public safety. This ordinance is therefore an urgency measure to protect the public safety, health and welfare and shall take effect upon adoption. PASSED, APPROVED AND ADOPTED this 1st day of May, 1990. Mayor ATTEST: City Clerk APPROVED AS TO FORM: 77 44� City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss . CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 90-908U was duly and regularly adopted by the City Council of said City on an urgency basis at a regular meeting of said Council , duly and regularly held on the 1st day, of May, 1990, and that the same was passed and adopted by the following roll call vote: AYES: COUNCIL MEMBERS: McDonald, Mi.toma, Muise, Calas, and DeWitt NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None City Clerk, City of Carson, California 900501 me 0040273 0 -3-