SR-702-014
PD:JTB:MM:f:\police\share\staffrep\vehord2
Council Meeting: January 23, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Amend Municipal Code Section 3.12.670 to Prohibit
Vehicular Camping on Public Property and to Establish Misdemeanor
Penalties for Violations of the Ordinance
INTRODUCTION
This report recommends that the City Council direct the City Attorney to prepare an
ordinance amending the Municipal Code to prohibit vehicular camping on public property.
BACKGROUND
By conservative estimates, 70 or more vehicles are being used for long-term living
accommodations in public areas of the City of Santa Monica. This number fluctuates
seasonally, with a general increase during summer months.
The Police Department has a practice of offering social service resource information for
those seeking shelter and care. The Homeless Liaison Team has made 278 such
referrals during the past twelve months. As with past and current practice, officers will
continue this effort to provide social service information contemporaneous with
enforcement to those in need.
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While the referrals provide relief to individuals who are receptive to the help, they are not a
complete or permanent solution. The problems associated with people living in vehicles
are a continuing source of complaints from Santa Monica residents. Public health
offenses, including the deposit of litter and offensive matter such as human waste, are the
most frequent source of neighborhood complaints. Other complaints include sales and use
of illicit narcotics, thefts, and consumption of alcoholic beverages, loss of use of public
parking areas by the community and the perceived loss of safety by residents, businesses
and their patrons.
Current municipal law offers no remedy for the situation. Section 3.12.670 of the Santa
Monica Municipal Code restricts occupation of a vehicle. However, it is very limited in
scope. Specifically, it prohibits occupying a vehicle for more than 30 minutes between the
hours of 12 A.M. and 5 A.M. in certain residential districts. Because residential and
business zones are adjacent, Section 3.12.670 does not sufficiently protect residents who
live adjacent to commercial areas where vehicular camping often occurs. Enforcement is
complicated and costly. A police officer must order the occupant to move the vehicle and
no citation can be issued unless the occupant remains in the vehicle 30 minutes after
warning is given.
DISCUSSION
Staff surveyed other municipalities and law enforcement agencies, including Berkeley,
Glendale, Long Beach, Los Angeles City, Los Angeles County (for Marina del Rey),
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Manhattan Beach, Redondo Beach, Santa Barbara, Santa Cruz, Torrance and Ventura.
Each city and the County has an ordinance, in some cases more stringent than the one
proposed herein, with respect to camping in vehicles, sleeping in vehicles, or occupying
parked ?house cars? on public streets.
Should the Council direct staff to prepare a similar ordinance, a misdemeanor penalty of
up to $500 and up to six months in County jail with additional remedies for repeated
violations is recommended. This penalty is consistent with the penalty for violation of the
existing Camping Ordinance, Section 4.08.095 SMMC. The court magistrate has
discretion to assess a fine lower than the $500 maximum, or jail time, for repeat offenses.
It is anticipated that the courts will exercise this discretion in dealing with predominantly
indigent violators.
Staff recommends a one-month grace period before the proposed ordinance is enforced, to
facilitate outreach efforts comparable to those coordinated before enforcement of the park
closure ordinance. Outreach solutions were discussed, including the option of an in-town
vehicular camp facility. Due to open space and parking limitations in the City, area
shelters and resource centers do not have the facilities to park several or large vehicles.
There are vehicular campgrounds within a reasonable distance from Santa Monica that are
run by the County. Staff recommends that the Human Services Division be directed to
create a reimbursement program similar to the existing voucher program, and to be funded
out of current resources, to provide a maximum two nights lodging at one of these
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campgrounds. Officers and outreach personnel will distribute a list of existing nearby
campgrounds.
After the first month, officers will be encouraged to continue making shelter service and
campground referrals where appropriate, including first time offenders and families with
children. The more severe remedies will be reserved for chronic or uncooperative
individuals, or where other violations of law are being committed.
BUDGET/FINANCIAL IMPACT
The budget/financial impact of the proposed ordinance is nominal. Human Services has
identified current resources to fund a campground reimbursement program.
Recommendation
It is recommended that the City Council direct the City Attorney to prepare an ordinance to
prohibit vehicular camping on public property, thereby giving police personnel the legal
authority to intervene and abate the activity.
Prepared by: James T. Butts, Jr., Chief of Police
Barbara Stinchfield, Director of Community and Cultural Services
Julie Rusk, Manager of Human Services
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