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. CITY OF SAN BERNaRDINO - REQUEST-FiR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Ordinance.. . Adding Chapter
12.98 to the San Bernardino
Municipal Code & Adding Subsection
9 to 9.90.0l0A Relating to Public
Streets and Parks
Dept:
City Attorney
Date:
May 15, 1995
Synopsis of Previous Council action:
None.
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Recommended motion:
Waive further reading and layover for final adoption.
/~~~ature
Contact person:
Dennis ~. Barlow
Phone:
5255
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. DescriPtion)
Finance:
Council Notes: .
75.0262
Agenda Item No
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CITY OF SAN BERN,.DINO - REQUEST F. COUNCIL ACTION
STAFF REPORT
In April of this year the State Supreme Court upheld an
ordinance of the City of Santa Ana which prohibited camping in
public parks, streets and other public areas, and which prohibited
the storage of camping paraphernalia in such areas.
We have prepared a similar ordinance for consideration by the
Mayor and Common Council.
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1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
12.98 TO THE SAN BERNARDINO MUNICIPAL CODE AND ADDING SUBSECTION
3 9 TO SECTION 9.90.010.A RELATING TO CAMPING ON PUBLIC STREETS AND
PARKS
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 12.98 is hereby added to the San
Bernardino Municipal Code to read as follows:
"12.98.010 Purpose
The public streets and areas within the City of
San Bernardino 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 the purposes for which they were
intended. The purpose of this chapter is to maintain
public streets and areas wi thin the City of San
Bernardino in a clean and accessible condition.
12.98.020 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 chapter.
(a) "Camp" means to pitch or occupy camp facilities;
to live temporarily in a camp facility or
outdoors; to use camp paraphernalia.
(b) "Camp facilities" include, but are not limited
to, tents, huts, or temporary shelters.
(c)
"Camp paraphernalia" includes, but is not
to tarpaulins, cots, beds, Sleeping
hammocks or non-city designated
facilities and similar equipment.
limited
bags,
cooking
(d) "Park" means the same as defined in Section
12.80.020 of this Code.
(e) "Store" means to put aside or accumulate for use
when needed, to put aside for safekeeping, to
place or leave in a location.
(f) "Street" is a way or place of whatever nature,
publicly maintained and open to the use of the
public for purposes of vehicular and/or
DAB/js [Public.Ordl
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May 4. 1995
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pedestrian travel. "Street" includes highway.
12.98.030 Unlawful camping
It shall be unlawful for any person to camp,
occupy camp facilities or use camp paraphernalia in
the following areas, except as otherwise provided:
(a) any street
(b) any public parking lot or public area,
improved or unimproved.
(c) any park
12.98.040 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
otherwise provided:
(a) any street;
(b) any public parking lot or public area,
improved or unimproved;
(c) any park."
SECTION 2. Subsection 9 is hereby added to Section
9.90.010.A to read as follows:
"9. The Director of Parks, Recreation and Community
Services and his or her designees are authorized and
empowered to issue "Notices to Appear" for violations
of Chapter 12.98.
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DAB/js [Public.Ord] 2
May 4. 1995
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AN ORDINANCE...ADDING CHAPTER 12.98 TO THE SAN BERNARDINO
MUNICIPAL CODE AND ADDING SUBSECTION 9 TO SECTION 9.90.010. A
RELATING TO CAMPING ON PUBLIC STREETS AND PARKS
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
day of
Council Members:
8 NEGRETE
9 CURLIN
10 HERNANDEZ
11 OBERHELMAN
12 DEVLIN
13 POPE-LUDLAM
14 MILLER
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meeting thereof, held on the
, 1995, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
City Clerk
of
The foregoing Ordinance is hereby approved this
, 1995.
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~4
DAB/js [Public.Ord}
day
Tom Minor, Mayor
City of San Bernardino
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May 4. 1995