HomeMy Public PortalAboutOrd 1156ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, ADDING CHAPTER 8.63 (CAMPING REGULATIONS) TO TITLE 8
(HEALTH AND SAFETY), AMENDING SECTION 8.26.020 (USE RESTRICTIONS) OF
CHAPTER 8.26 (CITY PARK AND RECREATION FACILITY REGULATIONS), AND
AMENDING SECTION 9.30.200 (CAMPING) OF CHAPTER 9.30 (USE OF LIBRARY
AND OBSERVATORY) OF THE RANCHO MIRAGE MUNICIPAL CODE
WHEREAS , the City of Rancho Mirage ("City ") is a charter city and a political
subdivision of the State of California; and
WHEREAS , the City Council desires to take action to address the issue of
homelessness and unsheltered persons residing in camps within the City ; and
WHEREAS , according to the County of Riverside 's April 2019 Point-in-Time
Count, there are 2,811 sheltered and unsheltered homeless adults and children county
wide (2,045 unsheltered and 766 sheltered), which is 21% higher than the count in 2018
(2 ,310); and
WHEREAS , the County of Riverside's April 2019 Point-in-Time Count identified
612 unsheltered homeless individuals in the Coachella Valley, an increase from 494 in
2018; and
WHEREAS , the County of Riverside 's April2019 Point-in-Time Count found six (6)
unsheltered homeless individuals residing within the City; and
WHEREAS , the City has provided resources to aid the homeless population
residing within the City, including partnering with loca l nonprofit organizations to provide
outreach, emergency shelter, and transitional housing services; and
WHEREAS, the incidents of homeless encampments and related personal
property storage have affected City -owned land , including parks , sidewalks , parking lots ,
senior housing projects , and other public facilities ; and
WHEREAS, the City has received complaints from residents of being deprived of
the use and enjoyment of City parks due being accosted or threatened by homeless
individuals living in the encampments; and
WHEREAS, residents of City-owned senior housing projects have complained of
fee ling unsafe and unsecured due to the presence of unknown individuals forming
encampments upon parking lots and common areas of these faci lities; and
WHEREAS, residents of the City have reported incidents of encampments or large
accumulations of personal property obstructing the sidewalk and other public right-of-
ways , forcing pedestrians to move around or even step onto the street; and
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WHEREAS, the incidents of encampments can lead to unsafe and unsanitary
conditions, such as public defecation and public urination, storage of drug paraphernalia,
trash and debris, and erection of makeshift shelters composed of rocks and other loose
materials; and
WHEREAS, the City Council seeks to mitigate the negative impacts associated
with homeless encampments , while preserving the public use and enjoyment of parks
and public facilities .
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully
set forth herein .
Section 2. ADDITION OF CHAPTER 8.63 (CAMPING REGULATIONS) OF
TITLE 8 (HEALTH AND SAFETY) OF THE RANCHO MIRAGE
MUNICIPAL CODE
That Chapter 8 .63 (Camping Regulations) of the Rancho Mirage Municipal Code
is hereby added as follows:
8.63.010 Definitions.
Unless the particular provisions or the context othetwise requires, the
definitions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
11Camp" means to pitch or occupy camp facilities; to use camp
paraphernalia; to sleep outdoors, or in, on or under any structure not intended for
human occupancy, or in, on or under any vehicle.
"Camp facilities" means and includes, but is not limited to, tents, huts,
temporary shelters, campers, trailers, temporary occupancy vehicles, or other
vehicles.
"Camp paraphernalia" means and includes, but is not limited to, tarpaulins.
cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and
similar equipment.
"Habitable" shall refer to a dwelling that has not been declared unfit for
habitation by the Citv or other agency with jurisdiction thereover.
uNonresidential" is intended to refer to property. or any portion thereof. that
is not improved with a habitable dwelling unit.
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"Park" means any public park or recreation or playground area or building
or facility thereon within the City, owned and maintained by the City as a public
park or recreation or playground area, whether or not such areas have been
formally dedicated to such purpose.
uPublicly accessible area" means that portion of any privately owned,
nonresidential property that is not enclosed by a City-approved structure,
including but not limited to vacant land or the exterior of commercial or business
establishments.
"Public property" means any property or easement owned or managed by
any government entity. Public property includes parks.
ustore" means to put aside or accumulate for use when needed; to put for
safekeeping; to place or leave in a location.
ustreet" means and includes all highways, avenues, lanes, alleys, courts,
places, squares, sidewalks, parkways, curbs, or other public ways in this City that
have been or may hereafter be dedicated and open to public use, or such other
public property so designated in any law of this state.
8.63.020 Camping Regulations.
Except as otherwise provided in this Chapter, it is unlawful for any person
to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. Any street;
B. Any public property;
C. Any private property.
1. Notwithstandina Section 8. 63.020(CJ, overnight camping on private
property by persons other than the property owner(s) or lawful tenants is
permissible if all of the following conditions are met: (a) the camping is limited to
no more than one night; (b) overnight camping is in the rear yard, or in an area of
a side yard or front yard that is separated from view from the street by a fence,
hedge, or other lawful obstruction; and (c) the property owner or person in lawful
possession consents to such overnight camping.
2. Nothing in this Chapter is intended to 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,· and provided further, nothing
is intended to prohibit or make unlawful activities of a property owner or other
lawful user if such activities are expressly authorized by any State, Federal and
local laws, rules, regulation, or policies.
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3. Camping shall not be permitted where it is conducted in such a
manner as to create a public nuisance, including any noise disturbance, as
provided in Chapter 8.45 of this code, inadequate sanitation, or other matters
offensive to reasonable persons, nor where the camping activity is of such
frequency, intensity or duration as to constitute a use of land prohibited bv anv
provisions of Title 17 of this code or where the camping and or activities incidental
to it constitute a public nuisance.
8.63.030 Permit Required.
No person shall camp in or on any park, street, public parking lot, publicly
accessible area visible from any off-site location, or public property. improved or
unimproved, except where one of the following conditions exist:
A. The area has been designated by the Citv for camping with a permit
and the requisite permit has first been obtained from the City: or
B. The area has been designated by the City for camping without a
permit.
8. 63.040 Storage of Personal Property
It is unlawful for anv person to store personal property, including camp
facilities and camp paraphernalia, in the following areas, except as otherwise
provided by permit issued by the City or other resolution of the City Council:
A. Anypark:
B. Any street,·
C. Any public property, improved or unimproved; or
D. Any private property without the written consent of the owner or lawful
tenant.
Any personal property left for more than 24 hours upon any lands described
this section shall be considered abandoned and may be removed or impounded by
the City or peace officers. Such property may be recovered by the persons who
own or have rights to possess it in accordance with procedures established by the
City Manager or designee, or with procedures of the law enforcement agency to
which the property is taken by peace officers.
8. 63.050 Camping Permits.
A. Upon finding that the application has met Citv requirements, the City may
issue a permit authorizing persons or groups to camp in designated areas for
camping subject to the City's requirements for:
1. Parking and traffic control:
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2. Toilet and other sanitary facilities:
3. Security;
4. Liability insurance:
5. Garbage collection and cleanup;
6. Sec uri tv and cleanup deposits;
7. Such other public health, safety and general welfare matters as
may be raised by the camping application; and
8. Environmental compliance according to the California
Environmental Quality Act (CEQA) and the City's CEQA
Guidelines.
B. Except as set forth in this chapter, no person or group may camp
under the authority of this section for more than three nights in any four-month
period. No permit shall be required for security guards who camp in City parks
incident to a lawful event.
C. Where the camping activity is taking place in conjunction with an
authorized and permitted restoration or conservation project being performed by
campers at or near the campsite, the City Manager or designee may permit an
individual or group to camp for a period of time in excess of that prescribed in
subsection B of this section.
D. To ensure the fair and consistent application of this section, the City
Manager or designee shall promulgate regulations defining the criteria for permit
issuance consistent with the provisions of this chapter.
8.63.60 Enforcement.
Any violation of the provisions of this chapter shall constitute a public
nuisance and may be enforced pursuant to any applicable provision of Title 14 of
this code, and any and all other remedies. civil and equitable, afforded to the City
under the law. If a violation of this chapter is of a continuing nature, each day
during which it occurs shall constitute an additional, separate, and distinct offense.
Violations of this chapter shall not constitute an infraction or misdemeanor.
Section 3. AMENDMENT OF SECTION 8.26.020 (USE RESTRICTIONS) OF
CHAPTER 8.26 (CITY PARK AND RECREATION FACILITY REGULATIONS) OF THE
RANCHO MIRAGE MUNICIPAL CODE
That Section 8 .26 .020 (Use Restrictions) of the Rancho Mirage Municipa l Code is
hereby amended as fol lows:
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8 .26.020 Use restrictions .
A. Op e ration of Vehicles . No person, except for peace officers and city
employees acting in the course and scope of their employment, shall drive any motorized
vehicle onto any park grounds . For purposes of this section, park grounds mean all areas
w ithin a park , except for roadways and parking lots intended for public use.
B . Commercial Activities . No person shall practice , carry on , or conduct any
business or profess ion or other commercial enterprise, nor sell or offer for sale any
service, merchandise , food or beverage in any park .
C. Anima ls in the Parks.
1. No person shall cause, permit, or allow any anima l owned or
possessed by them , or any animal in their care , custody, or control to be present in any
c ity park , except:
a . Equine animals being led or ridden under reasonable contro l
upon any trails provided for such purpose; or
b . Dogs or cats when led or controlled by a leash not more than
six feet long , or when confined within the interior of a vehicle .
c . This restriction shall not apply to a dog when allowed to roam
free w ithout restra int in dedicated off-leash areas of c ity dog parks in accordance w ith
Section 8 .26 .025 of this code .
2 . Any person having the custody or control of any dog shall have in
their immediate possession a bag or othe r receptacle for picking up and disposing of dog
feces and shall remove and dispose of in a sanitary manner any feces left by any dog in
their custody and control.
park.
D. Glass Conta iners . No person shall possess any glass container in any city
E. Park Hours . City parks are open for public use between the hours of six
a .m. and nine p .m. No person, other than a city employee or any other such
person authorized by the city acting on beha lf of the city shal l en ter or
rema in i n any park during the time such park is closed to public use .
F . Fires . No person shall kindle a fire within any city park, except in fixed
barbecues provided on the park premises.
G . Damaging Property. No person sha ll cut, break , injure, deface , or disturb
any tree , shrub , plant , rock, building, fence, bench, monument, p lay equipment, or other
structure within any city park .
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H. Amplified Sound. No person shall use or operate a loudspeaker or any
sound amplifying equipment within a city park, unless pre-approved by the city.
I. Tennis Courts. No person shall play or engage in any activity other than the
game of tennis, on a tennis court located within any city park, including , but not limited to,
driving of golf balls, archery, baseball, softball, football, roller skating, skate boarding ,
riding or driving any bicycle , scooter, or similar vehicle , playing soccer or volleyball or
playing or engaging in any other sport.
J. Basketball Courts. No person shall play or engage in any activity other than
the game of basketball , on a basketball court located within any city park , including , but
not limited to, driving of golf balls, archery , baseball , softball , football , riding or driving any
b icycle, scooter, or similar vehicle , playing soccer or volleyball or playing or engaging in
any other sport .
K . Skate Boarding and Roller Skating . No person shall roller skate or ride a
skateboard within any city park , except in places designated for such purpose , if any .
L. Handball Courts. No person shall play or engage in any sport , game or
activity , othe r than handball , racket ball , tennis or similar ball game, on a handball court
located within any city park .
M. Bicycles . No person shall ride any cycle, whether powered by a motor or
human power , within any city park, except on paths , roads or drives designed and
provided for such purpose.
N. Camping Lodging. No person shall camp or lodge therein at any time
within any city park, eKGept in plaGes designated for suGh purposes. Camping shall
mean the use of park land for living aGGommodation purposes suGh as sleeping
aGtivities, or making preparations to sleep (including the layi'ffl clev:n of bedding
for the purpose of sleeping}, or storing personal belongings or making any tire or
using any tents or shelter or other structure for sleeping or vehicle for sleeping or
cleing any digging or earth breaking or Gartying on Gooking activities. The above
listed activities constitute camping when it reasonably appears, in light of all the
cireumstances, that the participants, in Gonfhlcting these activities, are in fact
using the area as a living acGommodation regardless of the intent of the
partiGi#)ants or the nature of any other activities in which they may also be
engaging. Camping shall be regulated in accordance with Chapter 8. 63 of this code.
0 . Exceptions . The use restrictions of this section may be waived or modified
pursuant to a park use permit issued under the terms of Section 8 .2 6 .040 or may be
waived or modified by the city for any city held event or city sponsored event.
Section 4. AMENDMENT OF SECTION 9.30.200 (CAMPING) OF CHAPTER
9.30 (USE OF LIBRARY AND OBSERVATORY) OF THE RANCHO MIRAGE
MUNICIPAL CODE
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That Section 9.30 .200 (Camping) of the Rancho Mirage Municipal Code is hereby
amended as follows:
9.30.200 Camping .
Camping or sleeping overnight, or erecting temporary shelters or structures
such as tents, on the premises is prohibited ·without prior authorization of the
director. Camping shall be regulated in accordance with Chapter 8. 63 of this code.
Section 5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section
1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt
this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is
consistent with the general power and purposes of the City as set forth in Section 1.04.031
of the Municipal Code .
Section 6. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted shall remain in full force and effect.
Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this Ordinance are
hereby repealed .
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney's Office is hereby directed to determine whether this
Ordinance necessitates amendment of the City's Bail Schedule and to cause such
necessary amendments to be made and filed with the local branches of the Superior
Court of the County of Riverside .
Section 9. EFFECTIVE DATE
That this Ordinance shall take effect on the 30th day following its second reading
by the City Council.
Section 10. CERTIFICATION
That the City Clerk shall certify to the passage hereof, and cause it to be posted
as required by law.
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council
held on October 3, 2019, by the following vote:
AYES : Hobart, Kite, Smotrich, Townsend , Weill.
NOES : None.
ABSENT : None .
ABSTAIN : None.
CITY OF RANCHO MIRAGE
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kr istie Ramos, City Clerk of the City of Rancho Mirage , California , do hereby
certify under penalty of perjury , that the foregoing Ordinance No . 1156 was introduced by
first reading at a regular meeting of the City Council held on September 19 , 2019, by the
following vote :
AYES: Hobart , Kite , Smotrich , Townsend , Weill.
NOES : None.
ABSENT: None.
ABSTAIN: None .
Ordinance No . 1156 was adopted at a regular meeting of the City Council
held on October 3, 2019 , by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN :
Hobart , Kite, Smotrich , Townsend , Weill.
None.
None.
None.
I further certify that I have caused Ordinance No . 1156 to be posted and/or
published , as required by law (GC Sect. 36933).
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Kristie Ramos
City Clerk