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* Vallejo City's potential anti-Homeless law creates controversy, 2014-01-30 [link]
Unlawful Camping Ordinance
message from the City of Vallejo:
The City of Vallejo wants your feedback on a proposed Unlawful Camping Ordinance. A meeting will be held on Wednesday, November 20 at 6:30 p.m. in the Joseph Room on the second floor of the JFK Library. Any and all interested members of the Vallejo community are encouraged to attend. Please also comment on the Open City Hall item by following this link: [http://bit.ly/17JE5UV].
What are your feelings on the City of Vallejo considering adoption of an Unlawful Camping Ordinance to prohibit overnight camping on all publicly owned property (e.g. open space, sidewalks, parks, buildings and easements)?
Unlawful Camping Ordinances have been used in other cities to conserve and maintain publicly-owned property. During day time hours publicly-owned property (e.g. parks, plazas, parking areas) were developed to be readily accessible and available to residents and the public at large. The use of these areas for private individual camping purposes or storage of personal property can interfere with the rights of others to use the property. The use of these public areas can also be a location for sleeping and storage of personal property by homeless persons. The effect of this ordinance, if approved, would be to preclude individuals from using public property for camping and storage of personal property.
Please review the draft ordinance, post comments and attend the community meeting on Wednesday, November 20, 2013 at 6:30 p.m. in the Joseph Room of the JFK Library.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VALLEJO ENACTING CHAPTER 7.72 – UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC, INTO THE CITY OF VALLEJO MUNICIPAL CODE.
The City Council of the City of Vallejo does hereby ORDAIN as follows:
Section 1. Chapter 7.72 of the Vallejo Municipal Code is hereby enacted to read as follows:
“Chapter 7.72 UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC
Sec. 7.72.010. Purpose.
The public streets and public areas, including, but not limited to open space, sidewalks, parks, buildings, and easements within the city should be readily accessible and available to residents and the public at large.
The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this article is to conserve and maintain public streets and public areas within the city in a clean and accessible condition.
Sec. 7.72.020. 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 article.
A. Camp means the erecting of or occupying camp facilities for the apparent purpose of overnight occupancy; to use camp paraphernalia.
B. Camp facilities include, but are not limited to, tents, huts, temporary shelters, trailers, vehicles, or any form of cover or protection from the elements other than clothing.
C. Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, blankets, bedding, bedrolls, mattresses , pads, sleeping bags, hammocks , lanterns, stoves, or non - city designated cooking facilities and si milar equipment. D. Park means any public park or recreation or playground area, including Bike Trails, hiking trails, or building or facility thereon within the City of Vallejo, 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.
E. Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
F. "Streets" or "public streets" includes avenues, highways, lanes, alleys, crossings or intersections, and courts which have been dedicated and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years next preceding the effective date of the ordinance codified in this chapter.
G. Public Property means all publicly owned rea l property, including, but not limited to, any street, alley, sidewalk, pedestrian or transit mall, bike path, greenway, creek, waterway, lots, parcels, any other forms of improved or unimproved land or real property or any other structure or area encompassed within the public right - of - way; any park, parkway, mountain park, or other recreation facility; or any other grounds, buildings, or other facilities owned or leased by the city or by any other public owner, regardless of whether such public property is vacant or occupied and actively used for any public purpose.
Sec. 7.72.030. Unlawful camping. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as specifically authorized by the VMC:
A. Any park;
B. Any street;
C. Any public parking lot or public area, improved or unimproved.
Sec. 7.72.040 . Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as specifically authorized by the VMC:
A. Any park;
B. Any street;
C. Any public parking lot or public area, improved or unimproved.
Sec. 7.72.050. Enforcement Procedures .
No law enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:
A. The officer first orally requests or orders the person to refrain from the alleged violation of this section and, if the person fails to comply after receiving the oral request or order, the officer tenders a written request or order to the person warning that if the person fails to comply the person may be cited or arrested for a violation of this section; and
B. The officer shall attempt to ascertain whether the person is in need of medical or human services assistance, including, but not limited to, mental health treatment , drug or alcohol rehabilitation , or homeless services assistance. If the officer determines that the person may be in need of medical or human services assistance, the officer shall provide information about such assistance to the person in need.
C. If the person refuses to cooperate, t he officer may proceed to cite or arrest the person for a violation of this section so long as the warnings required by paragraph (a) of this section have been previously given.
Sec. 7.72.060. Violations.
A. Violations of this chapter shall constitute an infraction and may be subject to an administrative citation, fine, criminal prosecution, or any other civil or criminal remedies available under the VMC or other legal authority.
B. Subsequent violations of this chapter within two years subsequent to the date of the initial violation may, at the discretion of the City Attorney , be prosecute d as a misdemeanor, punishable by a fine of not less than five hundred dollars , nor more than on e thousand dollars , by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. This remedy is in addition to any other legal remedy, civil or criminal, available under the VMC or other legal authority.
C. Each suc h person is guilty of a separate offense for each and every day during any portion of which any violation of the ordinances of the city is committed, continued or permitted by any such person, and may be cited or punished accordingly.
Section 2. Subsection 7.54.030(T) is hereby added to and inserted into Section 7.54.030 (Unlawful Property Violations) of the Vallejo Municipal Code to read as follows:
T. Unauthorized camping on private property in a place which can be viewed from the public right of way or in a manner that constitutes a public nuisance . It shall not be unlawful to camp with permission of the property owner or a lawful tenant in such locations where camping may be conducted in accordance with applicable city law and where such camping does not constitute a public nuisance . The term “camping” shall have the same meaning as used in Chapter 7.72 of the Vallejo Municipal Code. ”
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as require d by law. This ordinance shall become effective thirty (30) days after the second reading by the City Council of the City of Vallejo.
“Hotel Review”, from the report for the Office of the City Attorney - Neighborhood Law Program (NLP), published in the “City Manager’s Bi-Weekly Report”, Volume 2, Issue 4, December 6, 2013, from Daniel E. Keen, City Manager, City of Vallejo:
The City Attorney’s office is commencing a review of hotels in Vallejo. The review will evaluate nuisance activity, licensing, and hotel compliance with the requirements of the Transient Occupancy Tax.
Hotel and property owners have been sent letters from the Neighborhood Law Program requesting each to make an honest assessment of the activity at their hotels and/or property, and to respond with a plan to address such activity. In doing so, the City hopes to learn successful strategies for combating issues moving forward.
The City will conduct an independent review, and where there is evidence of significant nuisance activity or other deficiencies, the Office of the City Attorney will take any necessary legal action to combat those problems.
Community Services Unit (CSU) November Status Report (2013), from the report for the Police Department, published in the “City Manager’s Bi-Weekly Report”, Volume 2, Issue 4, December 6, 2013, from Daniel E. Keen, City Manager, City of Vallejo:
Highway 37 Bridge – There is a Homeless Encampment located under the Highway 37 Bridge. CSU is working with the Code Enforcement Division to clear the homeless encampments under the bridge and surrounding areas.
“Cleanup Continues”, from the report for the Public Works Department - Planning Division, published in the “City Manager’s Bi-Weekly Report”, Volume 2, Issue 4, December 6, 2013, from Daniel E. Keen, City Manager, City of Vallejo:
Last week, City crews cleaned up Wilson Avenue at the Highway 37 overpass. This area is a major entrance to the City that needed attention. Crews performed litter removal and weed abatement. A bobtail load of litter and debris from illegal dumping was hauled away along with several flatbed loads of weeds
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