SR-8-A (70)
CA:RMM:r
City council Meeting 1-21-92
?A
JAN 2 1 199~
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance Adding Section 4202B to the Santa Monica
Municipal Code to Prohibit Encampments in Public Places
At its meeting on December 171 1991, the City Council directed
the City Attorney to prepare an ordinance prohibiting encampments
in public places. In response to this direction, the accompanying
ordinance has been prepared and is presented for City Council
consideration.
The City Council direction followed recommendations by the
Santa Monica Task Force on Homelessness.
The report of the Task
Force recommended that the City Council "adopt an ordinance
prohibiting encampments in public places."
Following the City council direction, the City Attorney's
office surveyed laws in 77 California municipalities.
Based upon
our analysis of these laws, the accompanying ordinance has been
patterned after an ordinance adopted by the City of Santa Barbara.
I. CURRENT LAW GOVERNING ENCAMPMENTS.
Santa Monica does not have an ordinance prohibiting camping.
However, a combination of current state and local laws limit the
ability to camp in public places.
These laws include:
1
't-IJ
JAN 2 1 1992
1. Penal Code section 647(i), which prohibits a person
from "lodg[ing] in any building, structure, vehicle, or place,
whether public or private, without the permission of the owner or
person entitled to possession or in control thereof."
2. Municipal Code section 4202A, which prohibits
sleeping in any public park or beach between the hours of 12:00
a.m. and 5:00 a.m.
3. Municipal Code Section 4202, which prohibits tents
on the beach.
4. Municipal Code Section 4203E, which prohibits tents
on any playground.
5. Penal Code section 647c, which prohibits a person
from wilfully and maliciously obstructing the free movement of any
person on a street, sidewalk, or other public place.
6. Penal Code section 602(1), which prohibits a person
from entering and occupying real property without the consent of
the owner.
7. Uniform Fire Code section 11.102, which prohibits a
person from kindling a fire upon land of another without permission
of the owner.
In addition, the City's general authority to manage public
spaces empowers it to take a variety of actions to maintain public
property consistent with the public health, safety, and welfare.
Thus, for example, personal property left unattended in public
spaces may be removed by the City and stored until claimed by its
owner or disposed of in the manner required by law.
2
II. LAWS OF OTHER CITIES GOVERNING ENCAMPMENTS.
The city Council requested that the city Attorney examine laws
in other cities regulating camping activity.
Accordingly, the
municipal codes of 77 California cities were examined.' We believe
that this survey provides an adequate sample of how other cities
regulate camping activity in parks and other public places.
The laws of the surveyed cities fall within four general
categories.
First, some cities do not have any laws regulating camping
contained in their municipal codes.
These cities are Alhambra,
Anaheim, Bradbury, Cerritos, El Monte, Glendale, Hawaiian Gardens,
Inglewood, La Mirada, La Puente, Palos Verdes Estates, Rosemead,
Signal Hill, South El Monte, and Vernon.
Second, some cities have adopted park closure regulations
prohibiting anyone from being present in a park during specified
nighttime hours.
These cities are Arcadia, Azusa, Bakersfield,
Beverly Hills, Burbank, Carson, Claremont, Covina, Cudahy, Duarte,
EI Segundo, Glendora, Lakewood, Monterey Park, Paramount, Rolling
Hills Estates, Temple City, Torrance, and Westlake Village.
Third, some cities have adopted a combination of park closure
regulations and other regulations regulating camping or sleeping.
These cities are Agoura Hills, Baldwin Park, Commerce, Culver City,
Downey, Fresno, Gardena, Hawthorne, Hermosa Beach, Industry,
Our survey was ltmlted to citIes havmg municipal codes In the collectIOn of the Los
Angeles County Law Library Thus, our survey would not have uncovered uncodified ordinances or
other regulatIons not contaIned In pubhshed mUnIcipal codes Moreover, to make the survey
manageable, we focused on the park regulations of the citIes surveyed
3
Irwindale, Los Angeles, Lynwood, Maywood, Monrovia, Montebello,
Newport Beach, Pasadena, Pomona, Redondo Beach, San Fernando, San
Gabriel, San Marino, Santa Clarita, South Pasadena, West Covina,
and West Hollywood.
Finally, some cities addressed this issue solely through
regulations prohibiting camping, sleeping, or both. These cities
are Carmel, Compton, Huntington Beach, Huntington Park, Lancaster,
Lawndale, Long Beach, Manhattan Beach, Norwalk, Palm Springs,
Sacramento, San Diego, San Francisco, Santa Ana, Santa Barbara, and
Whittier.
Appendix A contains the text of the regulations of the cities
surveyed.
III. GENERAL LEGAL PRINCIPLES GOVERNING REGULATION OF
PUBLIC SPACES.
The primary uses of municipal property can be protected by
ordinances that prohibit activities that interfere with those uses.
In re Hoffman, 67 Cal. 2d 845, 850, 434 P.2d 353, 356, 64 Cal.
Rptr. 97, 100 (1967). However, "[o]wnership does not always mean
absolute dominion. The more an owner, for his advantage, opens up
his property for use by the public in general, the more do his
rights become circumscribed by the statutory and constitutional
rights of those who use it." Marsh v. Alabama, 326 U.S. 501, 506
(1946). Thus, "[a] state is without power to impose an
unconstitutional requirement as a condition for granting a
privilege even though the privilege is the use of state property."
4
Danskin v. San Dieqo Unified School District, 28 Cal. 2d 536, 545-
46, 171 P.2d 885, 891 (1946).
certain general principles emerge from a review of court
decisions concerning regulation of public property.
In Brown v. Louisiana, 383 U.S. 131 (1966), the United states
Supreme Court considered the appropriateness of a protest conducted
within a public library. The Court stated:
A state or its instrumentality may, of
course, regulate the use of libraries or other
public facilities. But it must do so in a
reasonable and nondiscriminatory manner,
equally applicable to all and administered
with equality to all. It may not do so as to
some and not as to all. Id. at 142-43.
In Parr v. Municipal Court, 3 cal. 3d 861, 479 P.2d 353, 92
Cal. Rptr. 153 (1971), the California Supreme Court struck down an
ordinance of the City of Carmel-by-the-Sea regulating the use of
public property, including prohibitions against sitting or lying
on any public lawn. The City Council indicated that the ordinance
was necessary because of an "extraordinary influx of undesirable
and unsanitary visitors to the city, sometimes known as 'hippies'
" The ordinance was invalidated by the court because of its
discriminatory purpose:
We conclude that
purpose underlying
invalidates the measure.
the discriminatory
ordinance 697.02
That would be so
5
even if the section did not have a predictable
discriminatory impact. By using official
Municipal Code language to single out a social
group and stigmatize its members as
"undesirable" and "unsanitary, n the city
council violated the constitutional guaranty
of equal protection of the laws. . . .
since constitutional verities are most
frequently at the core of issues of monumental
dimension, a certain insouciance is
understandable when the ci ty of Carmel
undertakes what to some may seem the
comparatively insignificant act of preventing
nonresident hippies from sitting in its park.
But we cannot be oblivious to the transparent,
indeed the avowed, purpose and the inevitable
effect of the ordinance in question: to
discriminate against an ill-defined social
caste whose members are deemed pariahs by the
city fathers. This court has been
consistently vigilant to protect racial groups
from the effects of official prejudice, and we
can be no less concerned because the human
beings currently in disfavor are identifiable
by dress and attitudes rather than by color.
6
Id. at 868, 870, 479 P.2d at 358, 360, 92 Cal.
Rptr. at 158, 160.
In Ames v. city of Hermosa Beach, 16 Cal. App. 3d 146, 93 Cal.
Rptr. 786 (1971), the Court of Appeal concluded that a city
ordinance forbidding a person to loaf or loiter on public property
for a period longer than reasonably necessary to conduct business
was unconstitutional. The court stated:
The ordinance on its face appears to be aimed
at anyone who is on city property except for
the purpose of transacting business with the
city; and as to such persons also, except for
the period of time reasonably necessary for
such business. In this form it is overbroad
and a threat to the exercise of activities
protected by the First Amendment, and is
therefore unconstitutional and void. Id. at
152, 93 Cal. Rptr. at 790.
The fact that certain park visitors might be offended by the
appearance of other users does not necessarily justify governmental
intervention:
The man who goes either by himself or with his
family to a public place must expect to meet
and mingle with all classes of people. He
cannot ask, to suit his caprice or prejudice
or social views, that this or that man shall
be excluded because he does not wish to
7
associate with them. He may draw his social
line as closely as he chooses at his home, or
in other private places, but he cannot in a
public place carry the privacy of his home
with him, or ask that people not as good or
great as he is shall step aside when he
appears. Ferquson v. Giles, 82 Mich. 358,
367-68, 46 N.W. 718, 721 (Mich. 1890), quoted
in In re Cox, 3 Cal. 3d 205, 224-25, 474 P.2d
992, 1005, 90 Cal. Rptr. 24, 37 (1970).
Subject to these limitations, the City tthas exclusive
jurisdiction over the management and control of its parks and may
enact and enforce such regulations and rules that are necessary or
appropriate to promote park purposes and to ensure the public's
health, safety and welfare in the usage of its parks. II PeoDle v.
Trantham, 161 Cal. App. 3d Supp. I, 8, 208 Cal. Rptr. 535, 541
(1984) .
IV. ANALYSIS OF WEST HOLLYWOOD LAW.
Some members of the public have recommended that the City of
Santa Monica adopt an ordinance regulating encampments similar to
regulations adopted by the City of West Hollywood. West
Hollywood's regulations prohibit camping at any time and define
"camping" as follows:
8
"Camping" shall mean residing in or using a
park for living accommodation purposes, as
exemplified by remaining for prolonged or
repetitious periods of time not associated
with ordinary recreational use of a park with
one's personal possessions (including but not
limited to clothing, sleeping bags, bedrolls,
blankets, sheets, luggage, backpacks, kitchen
utensils, cookware, and similar material),
sleeping or making preparations to sleep,
storing personal belongings as above defined,
regularly cooking or consuming meals, or
living in a parked vehicle. These activities
constitute camping when it reasonably appears,
in light of all the circumstances, that a
person(s) is using a park as a living
accommodation regardless of their intent or
the nature of any other activities in which
they might also be engaging.
So far as can be determined, the provisions of the West
Hollywood regulation have not yet been constitutionally tested in
any court proceeding. However, as discussed below, it appears that
certain provisions of the regulation are unconstitutional. In
addition, several provisions of the regulation make effective
enforcement unnecessarily difficult.
9
1. West Hollywood/s Law Is Unconstitutional Under
the "Void for Vaqueness" PrinciDle.
The basic concern about West Hollywood's regulation is that
many of its provisions could not be defended against a
consti tutional challenge on the basis that they are "void for
vagueness." That principle requires that a penal statute define
a criminal offense with sufficient definiteness that ordinary
people can understand what conduct is prohibited. The
constitutional concern is that a vague statute encourages arbitrary
and discriminatory enforcement. See Kolender v. Lawson, 461 U.S.
352, 357 (1983). This principle was well articulated in Katzev v.
County of Los Anqeles, 52 Cal. 2d 360, 341 P.2d 310 (1959):
Both the California Constitution, article
I, section 13, and the Constitution of the
united states, Fourteenth Amendment, provide
that no person shall be deprived of life,
liberty, or property without due process of
law. Due process means that "No one may be
required at peril of life, liberty or property
to speculate as to the meaning of penal
statutes. All are entitled to be informed as
to what the state commands or forbids.1I 341
P.2d at 316-17, quoting Lanzetta v. New
Jersey, 306 U.S. 451, 453 (1939).
There is substantial unclarity about the precise behavior
proscribed by the West Hollywood law. For example, the regulation
10
begins by declaring that camping "shall mean residing in or using
a park for living accommodation purposes, as exemplified by
remaining for prolonged or repetitious periods of time . .. "
In constitutional terms, words like "prolonged" and
"repetitious.' do not provide specific guidance to a citizen who
wants to comply with the law. The regulation does not indicate
whether a stay in the public park becomes criminally "prolonged"
after two hours, two days or two weeks.
Making the "repetitiousll use of a public facility criminal is
even more problematic. Does a family subject itself to criminal
prosecution upon using a park three times per day or one time per
week? The danger here is that a court will decide that the terms
are sufficiently elastic so that a police officer has complete
discretion in deciding when and under what conditions to enforce
the regulation. That kind of delegation of decision making is
precisely what is precluded by the constitutional due process
mandate. The constitution requires that statutes be absolutely
clear in describing forbidden conduct.
Illustrative of this principle is the very recent decision in
williams v. Reiner, 91 D.A.R. 15791 (1991), decided by the Court
of Appeal on December 19, 1991. In Williams, the court considered
the constitutionality of a state law that created a misdemeanor
crime for parents or legal guardians who failed to "exercise
reasonable care, supervision, and control" over their minor
children. The court found the provision unconstitutionally vague:
11
'" [A] statute which either forbids or
requires the doing of an act in terms so vague
that men of common intelligence must
necessarily guess at its meaning and differ as
to its application(,] violates the first
essential of due process of law.' A statue
must be definite enough to provide a standard
of conduct for those whose activities are
prescribed as well as a standard for the
ascertainment of guilt by the courts called
upon to apply it."
The amendment is no less vague than the
statute which was voided in Coates v. city of
Cincinnati (1971) 402 U. S. 611, 614-616. In
that case, the court struck down a penal
statute that prohibited conduct which was
annoying to passers by. The court concluded
that what annoys some people may not annoy
others, thus the defendant would have to guess
at what the standard of conduct means. 91
D.A.R. at 15797 (citations omitted).
other problems are presented by the West Hollywood regulation.
The regulation specifies that only activities "not associated with
ordinary recreational use of a park" will trigger criminal
sanctions. However, the regulation does not define "ordinary
recreational" uses.
12
In fact, the traditional uses of a park are immensely varied.
In the context of evaluating a loitering statute, for example, a
court has noted that "persons who merely sit on park benches, loll
on public beaches or linger in the many public areas
frequented by children cannot be reasonably considered as loitering
. . . ." In re Huddleson, 229 Cal. App. 2d 618, 625, 40 Cal. Rptr.
581, 586 (1964). It must be recognized that traditional uses of
parks include napping, cooking in designated areas and the
enjoYment of unstructured, meditative time. A court could easily
find that the ambiguity of the law in this respect provides the
police with unbridled discretion. Here again the regulation runs
into the constitutional proscription of laws which allow police to
arbitrarily determine who to arrest based upon their personal
suspicions or prejudices rather than upon a specific standard of
probable cause.
The regulation does amplify the definition of camping by
specifying that a violation occurs only when the violator engages
in activities "not associated with ordinary recreational use" while
in possession of his or her personal possessions It including but not
limited to clothing, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, kitchen utensils, cookware, and similar
material It A law which criminalizes the possession of
things Itincluding but not limited to" specified items is suspect.
This one, in addition, tags on an inclusive clause covering all
"similar material. II It leaves to the creative imagination of
citizens and police officers the material which is sufficiently
13
IIsimilar" as to make it contraband within the parks. In effect,
the regulation grants almost complete discretion to the enforcers
of the law and thus raises significant constitutional concerns.
The list of contraband to be excluded from the parks would be
problematic even if it were not drafted so as to be completely open
ended. Clothing, precluded in some measure by the regulation, is
brought into public parks by virtually every citizen who lawfully
uses parks. Most such apparel, of course, is worn into the park.
However, it is not uncommon for citizens to bring additional
clothing associated with specialized sports uses or expected
changes in the weather.
Blankets, sheets and the like (apparently precluded in some
measure by the regulation) are often brought into parks by law
abiding users to spread across the ground for traditional picnics.
IIKitchen utensils" and .. cookware II (also mentioned in the
regulation) can be found at many typical picnic expeditions.
The regulation further forbids the storing of personal
belongings of the sort previously described in the park. This
provision, of course, suffers the same defects of specificity as
does the list of personal belongings. Moreover, without further
clarification of the length of time beyond which storage is
prohibited, or some other more specific explanation of the meaning
of IIstorage, II the regulation unintentionally implicates traditional
and innocent activity.
During any community park outing, picnic baskets, ice chests,
food, blankets, coats and related materials can be found stacked
14
on and near tables and grassy areas. Such materials are thus
"stored" in public parks while family members and friends engage
in rousing games of softball and other athletic events. Clearly,
the drafters of the regulation did not mean to preclude such
"storage." But to pass constitutional muster, the regulation must
give specific notice of the precise type of storage which is made
illegal. In the absence of such notice, the police are forced to
make arbitrary distinctions and citizens are left to guess as to
whether their conduct is legally suspect. This is not
constitutionally sufficient for a criminal law.
A similar lack of specificity exists regarding the provision
which precludes "regularly cooking or consuming meals" in the park.
The obvious question is left unanswered -- how often is regularly?
A family that enjoys having regular cook-outs in the local park is
left to guess about how often they can use the parks before being
subject to criminal prosecution. While the regulation's drafters
undoubtedly had nothing like this in mind, the language of the
regulation is not clear when subjected to constitutional analysis.
2. The praamatic Enforcement and Prosecution Concerns.
One of the provisions of the West Hollywood regulation
proscribes "sleeping or making preparations to sleep" in a park,
apparently by anyone at anytime during the day. This provision,
in contrast to others already discussed, is not vague. However,
it presents pragmatic problems for criminal justice system
enforcement.
15
In the final analysis, enforcement of this provision will
depend upon the willingness of 12 members of a criminal jury to
convict people who happen to fall asleep in a park. From babies
to grandparents, people of all backgrounds have found parks an
irresistible place to "nod-off." A jury, having been summoned from
their jobs and homes to do serious public service, will probably
not be impressed with evidence that a citizen was found sleeping
at noon in the neighborhood park regardless of what the Municipal
Code says.
The same is true for the police. It is doubtful that either
an infant in a stroller or a senior citizen on a park bench will
be bothered for napping in the park. However, if the law is only
applied to the homeless, charges of selective enforcement will
surely follow. See Murquia v. Municipal court, 15 Cal. 3d 286,
300, 540 P.2d 44, 53, 124 Cal. Rptr. 204, 213 (1975) ("criminal
defendant may object, in the course of a criminal proceeding to the
maintenance of the prosecution on the ground of deliberate
invidious discrimination in the enforcement of the law").
Nor is this the only problem which will be presented to
prosecutors attempting to enforce this particular law. The
regulation, by utilizing terms such as "prolonged or repetitious"
and "regularly cooking or consuming" suggests that convictions
based upon a single act or event will be difficult. To overcome
this obstacle, continual police surveillance may be required.
However, in the real world of police resource allocation, such
surveillance may be logistically difficult to sustain. From a
16
prosecutorial point of view, a better approach is to forbid
activity which does not require the presentation of evidence
covering undetermined but presumably long spans of time.
V. ORDINANCE DRAFTED FOR SANTA MONICA.
Reasonable time, place and manner restrictions on the use of
public parks are clearly constitutionally acceptable. See Clark
v. community for Creative Non-Violence, 468 U.S. 288 (1984); People
v. Trantham, 161 Cal. App. 3d Supp. I, 208 Cal. Rptr. 535 (1984).
However, under longstanding constitutional principles, such rules
must specifically set forth what is proscribed so that both
citizens and enforcement personnel are put on precise notice
concerning activity which is forbidden. In addition, such laws
must be even-handed both in their scope and application.
In reviewing ordinances adopted by other cities, we believe
that Santa Barbara's camping ordinance is an appropriate model for
the city of Santa Monica. Of all of the camping ordinances
contained in Attachment A, the Santa Barbara ordinance contains the
most specificity. Accordingly, we have used this ordinance as the
model for Santa Monica.
The proposed ordinance provides that no person shall camp in
any public park, any public street or sidewalk, any public parking
lot, or any public beach. The ordinance defines "camp" as follows:
For purposes of this section, "camp" means the
use of camping equipment such as tents,
tarpaulins or temporary shelters, the use of
17
non-city designated cooking equipment such as
camping stoves, portable barbecues, or open
fires, or the use of cots, beds or hammocks.
"Camp" shall not include merely sleeping
outside (except when in violation of any other
provision of this Code), or the use of a
sleeping bag, bedroll, blanket, or mat.
There are three major differences between the proposed
ordinance and Santa Barbara's camping ordinance.
First, the Santa Barbara language restricting the use of "non-
City designated cooking facilities and similar equipment" is
replaced in the proposed ordinance with a restriction on the use
of "non-city designated cooking equipment such as camping stoves,
portable barbecues, or open fires " We believe that the
proposed language is clearer than the Santa Barbara language and
thus better puts the public on notice as to that which is to be
forbidden.
Second, the Santa Barbara ordinance states that "camping" does
not include "no more personal possessions than can reasonably be
carried by an individual." The phrase does not appear in the
proposed Santa Monica ordinance for several reasons.
The meaning of the phrase is unclear as it is used in the
Santa Barbara ordinance. It apparently excludes from the
definition of "camping" the public possession of that quantity of
personal belongings which can be reasonably carried by an
individual. However, the ordinance nowhere makes illegal the
18
carrying or possession of any specific quantity of personal
belongings. Thus, the exclusion has no operative effect.
To the extent that the phrase attempts to regulate the
quantity of personal property carried in public spaces, it is
unconstitutionally vague in defining that quantity. The ordinance
is apparently violated whenever someone has more personal property
than can be tlreasonably carried by an individual. It However,
nowhere does the ordinance describe the individual whose
capabilities are utilized as a reference point. (Is one person who
can carry 50 pounds of personal property not in violation of the
ordinance while someone who cannot manage 25 pounds in violation?)
Moreover, it is not apparent that such a capability has anything
at all to do with "camping. II Individuals using the park for
picnics or recreational activity often bring equipment and supplies
which they cannot reasonably carryon one trip from their
automobile.
The police, courts, and average park user are left to
speculate on the scope and purpose of the phrase in question.
Accordingly, we have not included this aspect of Santa Barbara's
ordinance.
Third, we have added a provision to the proposed ordinance
that indicates that nothing in the ordinance prohibits the city
from issuing permits for special events on public property. Some
special events, such as a circus or street fair, may involve the
erection of tents or temporary shelters. Therefore, the ordinance
excludes these special events from the proscriptions of the law.
19
As discussed in Part I of this staff Report, many camping-type
activities are currently impacted by a variety of state and local
laws. In that sense, the accompanying ordinance does not provide
the police with altogether new enforcement powers in most cases.
The ordinance does provide clear standards proscribing camping in
a single section. In this regard, the ordinance provides
enforcement personnel and the public with clear camping guidelines.
In addition, the ordinance provides immediate enforcement power to
the police which currently does not exist in some circumstances.
For example, under current law, if someone erected a tent in
palisades Park, the police would have to first determine if the
person was lodging before taking any law enforcement action. Under
the proposed ordinance, a violation would occur simply by the
erection of the tent.
VI. CONCLUSION.
Consistent with the City Council direction, the accompanying
ordinance prohibits camping activity in various public places. It
meets all constitutional standards.
PREPARED BY:
Robert M. Myers, City Attorney
20
CA:RMM:r
city council Meeting 1-21-92
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4202B TO
THE SANTA MONICA MUNICIPAL CODE PROHIBITING
ENCAMPMENTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
section 4202B is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4202B. Encampments.
(a) No person shall camp in the
following areas:
(1) Any public park.
(2) Any public street or sidewalk.
(3) Any public parking lot or
public area, improved or unimproved.
(4) Any public beach.
(b) For purposes of this Section, tlcamp"
means the use of camping equipment such as
tents, tarpaulins or temporary shelters, the
use of non-City designated cooking equipment
such as camping stoves, portable barbecues, or
1
open fires, or the use of cots, beds or
hammocks. "Camp" shall not include merely
sleeping outside (except when in violation of
any other provision of this Code), or the use
of a sleeping bag, bedroll, blanket, or mat.
(c) Nothing in this section limits the
authority of the City to issue permits for
special events on public property.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
2
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
city Attorney
3
APPENDIX A
CAMPING AND PARK REGULATIONS
IN SELECTED CALIFORNIA CITIES
Unless otherwise noted, the park regulations are from the City's Municipal Code.
AGOURA IDLLS:
4916. Hours of Use. No person shall enter, be in, or remain
in any park or portion thereof during such hours of closure as may
be established by the city councilor agent thereof.
4917. Camping. No person at any time shall camp in any
park except in such areas as are specifically designated for such
activity.
ARCADIA:
4410. NIght Use Prohibited. No person shall at any time
between 10 o'clock P.M. and 7 o'clock A.M. of the following day
be or remain in or upon or enter eIther on foot or by vehicle or
drive, operate, stop or be in any vehicle within any park owned or
operated by the City of Arcadia.
4422. Night Use Prohibited. No person shall at any time
between one hour after sunset and one hour after sunrise of the
following day be or remain in or upon or enter either on foot or by
vehicle or drive, operate, park or be in any vehicle within Wilderness
Park.
AZUSA:
8.55.020 Night Closure of Municipal Parks and Recreational
Facilities. No person shall enter, remain, stay or loiter in any
municipal park or recreational facility between the hours of 11:00
p.m. of one day and 5:00 a.m. of the next day.
1
BAKERSFIELD:
12.56.050 Prohibited acts in parks. Within the limits of any
park, it is unlawful for any person, other than a duly authorized city
employee in the performance of hIS or her duty to do any of the
following:
J. Be in or upon any park between the hours of ten p.m. and
five p.m., except in the Bakersfield Municipal Sports Complex
(formerly Mesa Marin Recreational Facility) and except for
participants in city-sponsored events, for which the prohibited hours
shall be twelve midnight to 5 a.m.; provided, however, that camping
and lodging overnight may be permitted when such camping or
lodging s part of an authorized recreational outing under the
supervision of the community services department of the city pursuant
to a permit granted therefor by the city manager or his or her
designee; such application may be denied if such use is found to be
inimical to the use of any park by the general public.
BALDWIN PARK:
12.24.230 Hours of Use. No person shall be, remain, stay or
loiter in any park, or building therein, between the hours of ten p.m.
and five a. m. of the following day, without first obtaining written
permission from the Director therefor.
12.24.240 Overnight Camping. The director may permit any
youth group to camp overmght at a designated location in a park, if
the members of such group will be supervised during such camping
by an adequate number of responsible adults and if such overnight
camping will not interfere with, or in any way be detrimental to the
park, or interfere with the use thereof. Upon the granting of such
approval, the members of the youth group and its adult supervisors
may camp at the tIme, location and under conditions specified in the
permit.
2
BEVERLY mLLS:
8-1.03. Hours of operation. All public parks shall be closed
between the hours from 11 :00 p.m. to 6:00 a.m. of each day, with
the exception of Greystone, which shall be closed between the hours
from 6:00 p.m. to 10:00 a.m. of each day. Use at other times may
be authorized by a special permit issued by the Director of Recreation
and Parks pursuant to rules and regulations issued under Section 8-
1.07 of this Article.
BURBANK:
20-410. Unlawful to Be in Parks When Closed.
(a) It shall be unlawful to enter or remain in any public park,
playground or other recreational facilIty between the hours of 11:00
p.m. and sunrise or in Wildwood Canyon Park or in Stough Park or
in Buena Vista Park or in Bel Aire Ballfield between thirty (30)
minutes after official sunset and sunrise.
(b) The foregoing restriction shall not apply to emergency
vehicles, governmental agencies or to officers or employees of the
City or any other public agency which is required or finds it
necessary to enter or remain in any public park, playground or other
recreational facility in the performance of its duties and during such
times as entry or occupancy is permitted in writing by the Parks and
Recreation Director.
CARl\fEL:
12.32.160 Picmcking and camping. It is unlawful to picnic,
camp, place tables, place chairs, eat, hang out things to dry, or do
any other act connected WIth human habitation, on any public right-
of-way, sidewalk area or in any parking area. This prohibition shall
not prohibit the eating of food items customarily purchased for the
purpose of eating while walking on the sidewalk, such as ice cream
cones, and other hand held ready to eat items sold for consumption
off the premises, and obtained and consumed incidental to walking or
some other legal actIvity. It shall apply to eating when the eating is
the primary activity. This prohIbItion does not prohibit the taking of
picnic supplies and equipment from parked vehicles to the beach or
other areas specifically designated for eating or picnicking.
3
12.32.165 Beach use restrictions.
A.l. No person, firm, corporation or other entity shall build,
light, maintain, cause or permit to be built, lighted or maintained, any
open or outdoor fire on any pubhc beach after the hour of ten p.m.
No fires shall be permItted at any time on the slopes leading thereto
within the city. This prohibition is applicable to all that beach and
slope area lying west of Scenic Road and south of Ocean Avenue to
the southern city boundary. No fires shall be permitted at any time
on all that beach and slope area lying west of San Antonio from
Ocean A venue to the northern city boundary.
2. The prohibition against all fires on all the beach that lies at
or below the high tide hne shall extend from ten p.m. on the day it
commences until seven a.m. the following day.
B. It is unlawful to walk over or otherwise traverse any slope
or area between Scenic Road and the beach or any other public area
leading to the beach, when the city council has by resolution
prohibited walking over or traversing such area, and designated
specific paths, steps or ways for public access to the beach, and signs
have been posted at reasonable locations giving notice of the
prohibition.
12.36.010 Camping on public lands. It is unlawful for any
person to camp, or to place, erect, or maintain any tents, house
traIlers, mobile homes, campers, or any other camping facilities of
any kind whatsoever on any public property of this city. It is
unlawful for any person to sleep out-of-doors on any public property,
incl~ding city parks and beachlands, between the hours of sunset and
sunrIse.
CARSON:
4137. Park Hours. No person shall enter or remain in any
park owned or operated by the City of Carson or County of Los
Angeles between the hours of 12:00 Midnight and 5:00 a.m. This
section shall not apply to officers or employees of the City of Carson,
County of Los Angeles, or Los Angeles County Flood Control
District when such employees or officers must enter or remain in
4
such a park in order to perform duties attendant to such office or
employment.
CLAREMONT:
9.44.030 Closing Hours. No person shall remain, stay or
loiter in any park, or building therein, between the hours of ten p.m.
and six a.m. the following day without special permission from the
city manager, chief of police, recreation director or their authorized
representatives.
COMMERCE:
9.06.020 Prohibited conduct generally. Within the limits of
any of the parks, it is unlawful for any person or persons to do any
of the acts hereinafter specified:
(8) To camp or lodge therein;
(19) To remain, stay or loiter 10 any public park between the
hours of ten p.m. and five a.m. of the following day. . . .
COl\IPTON:
18-2 Prohibited Conduct. No person shall do any of the
following acts within the lImits of any public park or recreation
center:
18-2.2 Camping. No person shall camp or lodge therein
without a permit granted as hereinafter set forth.
5
COVINA:
9.48.080 Hours of use. It is unlawful for any person to
remain, stay or loiter in any park, other than Covina, Hollenbeck and
Kelby Parks, or building therein, between the hours of ten p.m. and
five a.m. the following day, and, as to Covina, Hollenbeck and Kelby
Parks between the hours of ten-thirty p.m. to five a.m. the following
day, without special permission from the director of community
resources or his authorized representative.
CUDAHY:
3-1.22 Tot Lots: Hours of Use. Irrespective of the provisions
of subsection 3-1.21, no person shall remain in or upon Westside
Park Tot Lot or any park designated as a Tot Lot between the time
of sunset and sunrise. Such parks shall be so posted.
CULVER CITY:
25-11. Park Regulations. Within the limits of any public park
it shall be unlawful for any person:
(e) To camp or lodge therein, provided that special permission
may be given to youth organizations for special demonstration
purposes to temporarily maintain such camp or lodge.
(h) To sleep or protractedly lounge on the seats, or benches,
or other areas, or engage 10 loud, riotous, bOIsterous, threatening,
abusive, insulting or indecent language, or engage in any disorderly
conduct or behavior tending to a breach of the public peace.
(n) To remain, stay, or loiter in any public park between the
hours of 10:30 o'clock p.m. and 5:00 o'clock a.m.
6
DOWNEY:
10112. Operating Hours: Parks. All parks and facilities,
except those hereinafter set forth, shall be closed not later than 10:()()
p.m. each day of the week. In the event the Director determines it
is necessary for the protection of a park, or its facilities, or properties
adjacent thereto, he may determine that a park shall be closed earlier
than 10:00 p.m. on all or certain days. In the event an hour of
closing earlier than 10:00 p.m. is established, all entrances to the
park shall be posted in such a manner as to give notice thereof.
Those facilities not required to be closed at 10:00 p.m. daily
are:
(a) The Downey Theater; and
(b) Those park buildings or facihties being used pursuant to
a permit.
The closing time of such facilitIes shall be determined by the
Director and shall be dependent upon the nature, character, purpose,
and use of such facilities.
Notwithstanding the other provisions of this section, a group
using a park pursuant to a permit, if the permit so provides, may use
a park dunng the time specified in the permit.
Except as otherwise provided and permitted in this section and
Section 10114 of this chapter, no person shall sleep, camp, loiter, or
otherwise remain in any park between the hour such park is closed
and 8:00 a.m. the following day.
10114. Overnight Camping. The Director may issue a permit
to any youth group of a character-building nature, permItting its
members, as a group, to camp overnight at a deSIgnated location in
a park if he finds that the group was organized in good faith and not
for the purpose of obtaining a permit under this section, the member
of such group will be supervised during such camping by an adequate
number of responsible adults, and that such overnight camping will
not interfere with, or in any way be detrimental to, the permit, the
members of the youth group and its adult supervisors may camp at
the time, locatIOn, and under the conditions specified in the permit.
7
DUARTE:
9.20.012 Curfew. Within the limIts of any park, it is unlawful
for any person to remain, stay or loiter between the hours of ten p.m.
of any day and sunrise of the following day. The foregoing
prohibitions shall not apply to:
(a) Persons bearing a special written permit from park
authorities to be present during hours when presence is otherwise
prohibited; and
(b) Persons attending an event or program sponsored,
permitted or supervised by the park and recreation department.
EL SEGUNDO:
13.04.180 Park Rule Seventeen - Hours of Operation. No
person shall remain, stay, or loiter in any public park between the
period commencing at ten p.m. on any day and ending one hour
before sunrise of the following day, except by special written
permission of either the city councilor the director of recreation and
parks.
FRESNO:
8-401. Prohibited Acts in Parks. Within the limits of any
park, no person shall do any of the acts hereinafter specified, to wit:
(7) Make or kindle a fire for any purpose except at places
provided for such purpose, unless pnor special permission be
obtained therefore from the Park Superintendent.
(8) Camp or lodge therein at any place not set apart for that
purpose without prior written permission of the Park Superintendent.
(19) Enter, remain, stay, loiter, park or leave standing any
vehicle between the hours of twelve 0' clock midnight and five 0' clock
a.m. of the following day, without the written permission of the Park
8
Superintendent; provided that this subdivision of this section shall not
prevent persons from camping overnight (with or without vehicles)
m any portion of any park set aside for that purpose.
GARDENA:
11-2.18 Camping. No person shall:
(a) Camp in other than permanent cabins for organized
camping provided by the Director and used by groups of persons
under adequate supervision; or
(b) Set up tents, shacks, or any other temporary shelter for the
purpose of overnight camping or leave in a park after closing hours
any movable structure or special vehicle to be used or that could be
used for such purpose, such as a house trailer, camp trailers, camp
wagon, or the like.
11-2.24. Loitering and disorderly conduct. No person shall
sleep or protractedly lounge on the seats or other areas, engage in
loud, boisterous, threatening, abusive, insulting, or indecent language,
or engage m any dIsorderly conduct or behavior tending to a breach
of the public peace.
11-2.34. Hours of operation. Except for unusual and
unforeseen emergencies, parks shall be open to the public every day
of the year during designated hours. The opening and closing hours
for each indIvIdual park shall be posted therein for public
information.
GLENDORA:
9.20.040 Presence after lights out. No person shall be upon
the premises of any public park, recreation park or school ground,
after sunset and before sunrise, after the lights and lighting systems
used in connection with publIc actiVIties at these places are turned
off. Every person who violates any provision of this section is guilty
of an infraction, unless the violation is otherwise made a
misdemeanor pursuant to Section 1.01.11 O(b).
9
HAWTHORNE:
2.22.130. Unlawful Conduct. It is unlawful for any person
within any public park to:
H. Camp or lodge, unless a special written permit is obtained
in advance from the director of parks and recreation;
M. Remain, stay or loiter between the hours of eleven p.m.
of any day, and six a.m. the following day, without special written
permit from the director of parks and recreation. . . .
HERMOSA BEACH:
5-25. Overnight camping. No person shall camp on or use for
overnight sleeping purposes any portion of the beach or strand, or
bring a house trailer or similar vehicle onto the beach or strand, and
a violation of this section shall be an infraction.
19-12.1. Camping or sleeping in vehicles on public streets or
public parking lots. No person shall at any time camp or sleep in
any vehicle parked upon any public street, alley or passageway or any
public parking lot in this CIty.
22-3. Park regulations generally. Within the limits of any
public park or playground, no person shall:
(s) Remain, stay or lOIter, 10 any public park between the
hours of 10:30 p.m. and 5:00 a.m. of the following day.
10
HUNTINGTON BEACH:
13.48.145 Camping. The following city parks are hereby
designated as camping facilities: Lake Park, Farquhar Park,
Huntington Central Park, and Norma Brandel Gibbs Park. No person
shall use any camping facility for overnight camping purposes without
applying for and obtaining written permission from the director upon
payment of the required fees established, and amended from time to
time, by resolution of the city council of the city of Huntington
Beach.
The director may designate area within subject parks for
camping and may promulgate reasonable rules and regulations
pertinent to the use of subject parks for camping purposes.
No person shall use or occupy a camping facility unless the fee,
eVIdence by a receIpt, has first been paid.
HUNTINGTON PARK:
5-21.02. Prohibited conduct. Within the limits of any public
park or recreation center, it shall be unlawful for any person to do
any of the followmg specified acts:
(P) Conduct or engage m camping, other than organized
camping approved or provided by the Director and used by groups
of persons under adequate supervision. No person shall set up tents,
shacks, or other temporary shelters for the purpose of overnight
camping, nor shall any person leave in the park area after closing
hours any movable structure or speCial vehicle to be used or which
could be used for such purpose, such as a house trailer, camper, or
similar vehIcle. . . .
INDUSTRY:
9.31.150 Hours of use. No person shall enter, be in, or
remain in any park or portion thereof during such hours of closure
as may be established by the city councilor agent thereof.
11
9.31.160 Sleepmg. No person at any time shall sleep or camp
in any park except in such areas as are specifically designated for
such activity.
IRWINDALE:
9.16.020 Prohibited activitIes. Within the limits of any of the
parks or public places of the city, it is unlawful for any person or
persons to do any of the followmg acts:
C. To remain, stay or loiter in any park or building therein
between the hours of eleven p.m. and six a.m. the following day,
without special permission from the director of parks;
P. To camp or lodge therein.
LAKEWOOD:
4254. Trespassing or Loitering on Public Parks. No person
shall enter on or remain on any park or recreation facility, land,
building or improvement owned by or maintained or operated by the
City between the hours of 11 o'clock p.m. and the time of sunrise of
the following day and who IS not reqUIred by hIs employment to be
on said facilIty. No person shall enter on or remain on any park or
recreatIOn facIlity, land, building or Improvement owned by or
maintained by the County of Los Angeles and located within the City
of Lakewood during such hours said facIlity is closed to the public
use by posted notice or other direction of the County and who is not
required by his employment to be on said facility. This section shall
be inapplicable during such time said facility is open to the public use
by written order or direction of the City or County.
LANCASTER:
4-1.94 Overnight Camping. Overmght camping without a
permit is prohibited.
12
LA WNDALE:
12.32.170 Overnight camping. No individual or group shall
camp out overnight in any park, except organized youth groups may
be authorized for overnight camp-outs with permission of the city.
LONG BEACH:
16.16.010 Prohibited acts. No person shall do any of the acts
hereafter enumerated within the limIts of any public park, public
beach, beach area parking lot, public building or enclosure, or public
amphitheater or plaza:
E. Camp or lodge except in areas designated by the director
of public works for that purpose. The director of public works is
authorized to place or maintain or cause to be placed and maintained
proper signs designating permitted camping areas. .
LOS ANGELES:
63.44. Regulations Affecting Park and Recreation Areas.
B. Within the limIts of any park m the CIty of Los Angeles:
14. (a) No person shall enter, remain, stay or loiter in any
park between the hours of 10:30 o'clock p.m. and 5:00 o'clock a.m.
of the following day. On any public park or recreational facility
subject to this section, the supervismg employee at such site may
extend the 10:30 p.m. closmg time for up to one hour to
accommodate any departmentally approved event.
(b) No person shall enter, remain, stay or loiter in any park
which consists of an ocean area, beach, or pier between the hours of
12:00 midnight and 5:00 o'clock a.m. of the following day; except
13
that no person shall remain, stay or loiter on Royal Palms Beach
between the hours of 8:00 o'clock p.m. and 5:00 o'clock a.m. of the
following day. On any park which consists of an ocean area, beach,
or pier subject to this Section, the supervising employee at such site
may extend the 12:00 midnight closing time, or in the case of Royal
Palms Beach the 8:00 o'clock p.m. closing time, to accommodate
special events such as grunion runs and other events approved by the
Department of Recreation and Parks or the Los Angeles County
Department of Beaches, as applicable.
(c) The closing and opening hours for each of the following
parks or facilities shall be as follows:
Elysian Park -- close at 9:00 o'clock p.m. (except for the
parking lots adjacent to it whIch shall close at 10:30 o'clock
p.m.), open at 5:00 o'clock a.m.
Robert Burns Park -- close at sunset, opens at sunrise.
D. Within the limits of any park other than beaches, no person
shall:
4. Camp or lodge, except in locations designated for such
purposes.
I. Within the limits of parks consistmg of beaches and water
recreatIon areas:
9. No person shall erect, maintain, use, occupy on any beach,
any tent, lodge, shelter, or structure that has more than two side
closed. Any such tent, lodge, shelter or structure shall otherwise be
entirely open and there shall be an unobstructed view into such tent,
lodge, shelter or structure from the outside except for the two closed
sides. If the tent, lodge, shelter or structure is other than rectangular
in shape, no more than one-third of the outside thereof shall be closed
and there shall otherwise be an unobstructed view into it. Any tent,
14
lodge, shelter or structure erected, maintained, used, or occupied on
a beach shall consist of pliable, tent-like materials such as canvass,
nylon, or pliable synthetic material.
In no event shall any such tent, lodge, shelter or structure be
erected or maintained closer than fifty (50) feet from any other tent,
lodge, shelter or structure.
Any such tent, lodge, shelter or structure shall be dismantled
and removed from the beach each day and no part thereof shall
remain overnight.
No person shall fasten or mamtam any guy wire, guy rope or
exterior bracing or support of any tent, lodge, shelter or structure
between it or any portion thereof, and any structure, stake, rock or
thing outside of such tent, lodge, shelter or structure.
LYNWOOD:
10-12. Permit from Recreation and Parks Director Required
for Certain ActivitIes.
a. Within the limits of any public park of the City, it shall be
unlawful for any person unless a special permit is first obtained from
the Recreation and Parks Director of the City, to do anyone (1) of
the following:
2. Camping. To camp or lodge, which activities shall
be limited to designated areas.
3. LOItermg During Specified Hours; Exception. To
remain, stay or loiter on or about any such park between the hours
of 10:00 p.m. and 5:00 a.m. of the following day; however, thIS
provision shall not apply to authorized activities in the Community
Center Building at Memorial Park.
MANHATTAN BEACH:
3-11.1014. Prohibition of overnight camping. It shall be
unlawful for any person to use or occupy, permit the use or
15
occupancy of any vehicle for human habitation, including but not
limited to sleeping or eating, on any street, alley, park, beach, public
parking lot to parking structure or any public property within the City
of Manhattan Beach between the hours of 10:00 p.m. and 6:00 a.m.,
except as provided below:
EXCEPTION: The Chief of Police may, by written permit,
authorize the use or occupancy of a vehicle for human habitation on
any street or public property for a period not to exceed 72 hours.
Said vehicle must have completely self-contained utilities, meeting all
applicable codes and laws of the State of California.
MAYWOOD:
10-3.01. Unlawful acts. It shall be unlawful for any person
to do any of the following acts within the limits of any public park
in the City:
(e) Campmg. To camp or lodge overnight without a special
written permit from the Council obtained in advance.
(p) Hours. To enter, loiter, or remain in any public park
within the City at any time between the hours of 10:30 p.m. and 7:00
a.m.
MONROVIA:
12.32.030 Unlawful acts specified. WIthin the limits of any
parks or public places, or within the limits of Monrovia Canyon Park,
it shall be unlawful for any person to do any of the acts specified in
this section, to WIt:
8. To camp or lodge therein;
16
17. To remain, stay, occupy or loiter in any public park or
publIcly owned place or in Monrovia Canyon Park or in Monrovia
or Sawpit Canyon between the hours of eleven p.m. and five a.m.
of the following day, except in the case of Grand Avenue Park,
which said prohibIted time shall be from eight-thirty p.m. to five
a.m. of the following day; the parks and recreation director may
adjust the hours of closure at his discretion for seasonal changes, and
may grant use of the park facilities during the restricted hours by
permit. . . .
MONTEBELLO:
4304.
(I) Overnight Camping. No person shall camp in any public
park without first obtaining the permission of the Parks and
RecreatIon DIrector.
(q) Park Hours. No person shall enter, loiter or remain in any
public park at any time between the hours of 10:00 p.m. and 7:00
a.m. of the following day, WIth the exception of those instances
where the facilities are rented to the public and approved by the Parks
and Recreation Director.
MONTEREY PARK:
12.04.190 Loitering after closmg time. No person shall enter,
loiter or remain in any public park or recreation center within the city
at any tIme between midnight and seven a.m., provided, however,
that the recreation director may, from time to time, authorize group
activities to continue after closing time, nor shall any person loiter
outside of a recreation center where an activity is conducted therein
to which the person so loitering is not eligible to participate.
17
NEWPORT BEACH:
11.04.020 Prohibited Conduct. No person other than an
employee of the City in the course of his employment shall do any
of the following acts or engage in any of the following specified
conduct within any park:
Cd) Camp or lodge except in places designated for such
purposes and with specific permission from the City to do so.
11.08.030 Uses of Beaches at Night.
A. Prohibited Hours. Except as provided in Paragraph B, no
person shall be allowed or permitted on any public bay beach nor any
ocean front beach between the hours of eleven p.m. and six a.m. of
the following day.
B. Corona Del Mar Beaches. No person shall be allowed or
permItted on the Corona Del Mar State and City Park Beach, the
Little Corona Beach, nor any of the other beaches in Corona Del Mar
located easterly of the Harbor entrance, between the hours of ten
p.m. and six a.m. of the following day.
C. Temporary Modification. The City Manager may, when
necessary to protect the safety of persons or property, temporarily
modify the beach closure hours established in thIS Section. In no
event shall the modification of hours continue for a period of more
than two weeks. The modification shall not be effective until notice
of the new hour, and the effective dates is filed with the City Clerk.
NORWALK:
5-22.10 Overnight Camping Restnctions.
a. No person shall camp or sleep overnight in any park except
in areas designated for such purpose, and then only in accordance
with the rules and regulations governing the use of such areas.
b. No group of ten (10) or more persons shall camp or sleep
overnight in any park except pursuant to a written permit issued by
18
the Director. The Director may issue a permit to any such group,
authorizing its members as a group to camp overnight at a designated
location in a park, if he finds:
1. That, in the case of a youth group, the group will be
supervised during such campmg by an adequate number of
responsible adults and such overnight camping will not in any way be
detrimental to the park or interfere with the other uses thereof; and
2. That the group has agreed to the conditions contained
in the permit.
Upon the granting of such permit, the members of such group,
including adult supervisors in the case of a youth group, may camp
at the time, location and under the conditions specified in the permit.
PALM SPRINGS:
11.40.010. Definitions.
applicable to this chapter:
The following definitions are
"Camp" means cooking, sleeping or habitating out-of-doors or
in other than a permanent structure during the hours between
sundown and sunup. . . .
11.44.060 Prohibited conduct generally. Within the limits of
any public park or recreation area of the city, no person shall:
(9) Camp or lodge therein at any time, or otherwise remain
overnight, whether or not III a structure permanently affixed to the
ground, except at a place especially designated and provided for such
purpose (including, if overnight camping is mvolved, the place shall
have been cleared for such use by the chief of police pursuant to
Chapter 11. 40). . . .
19
PARAMOUNf:
30-27.1. Trespassing or loitering in public parks prohibited.
No person shall enter on or remam on any public park or recreation
facility, land, building, or improvement between the hours of 10:00
p.m. and 6:00 a.m. of the following day. This section shall be
inapplicable during such time said facility is open to public use by
order or direction of the city.
PASADENA:
3.24.110 Prohibited Acts.
A. No person shall do any of the acts hereinafter specified
within the limits of any of the public parks of the city, the Civic
Center, or the grounds of the branch libraries or other municipal
buildings:
8. To camp or lodge in any park or upon the grounds above-
specified, except in places designated for such purposes.
23. To loiter or remain m any public park at any time between
10:00 p.m. and 6:00 a.m. the followmg morning. . . .
POMONA:
18-2. Specific acts prohibited. Every person who wilfully
within any public park commits any of the acts set out in this section
is guilty of a misdemeanor:
(e) Camping or lodging therein . .
20
18-4. Loitering. Any person who loiters in any public park
at any time between the hours of ten-thirty p.m. and six a.m. of the
following morning, unless written permission shall have first been
obtained from the director to remain longer, is guilty of an infraction.
REDONDO BEACH:
4-10.02. Declared and prohibited nuisances. The following
are hereby expressly declared to be nuisances, and any person
maintaining or permitting such nuisances, or any of them, to be
maintained or to eXIst on his premises, whether as owner, lessee, or
otherwise, shall be guilty of a misdemeanor, and each and every day
such nuisances shall be permitted to be continued shall constitute a
separate offense:
(b) Affecting public peace and morals.
(7) Vagrancy. Any of the following acts shall constitute
vagrancy and be unlawful unless conducted with a permit:
(i) Sleeping, campmg, or remaining in a public
park between 10:00 p.m. and 5:00 a.m., unless employed to patrol,
to care for, or to maintain the area;
(ii) Pitching a tent, camping, or sleepmg on any
beach, pier, park, public street, alley, or public passage or sleeping
in a motor vehicle or trailer parked on any public street, parking lot,
or beach; provided, however, between 7:00 a.m. and 7:00 p.m., it
shall not be unlawful to sleep on any beach;
(iii) A permit for remaining or camping in a
public area, as described in this subsection (7), may be granted by the
Director of Recreation and Parks or the Chief of Police on an
emergency baSIS for a period not to exceed twenty-four (24) hours if
the person requesting the permission has an immediate, unusual need
for purposes of personal health and safety, and, on the other hand,
the grantmg of such permission will not adversely impact the public
health or safety. Denial of such permission may be appealed
forthwith to the City Manager. The Council may restrict areas for
which such permission may be granted; and
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(iv) The Director of Recreation and Parks may
grant permits for recreational camping purposes. Such permits shall
be granted only for Wilderness Park as facilities in the park are
available. . . .
ROLLING fiLLS ESTATES:
631. Curfew in Public Parks. No person, other than an
employee or agent of the City, shall go upon, remain in or loiter
about any public park within the City during the period of time
commencing one hour after sunset and ending at 7:00 a.m. the
following day, unless such person or persons has obtained a permit
to remain during such period of time, or any part thereof, pursuant
to Part I of this Chapter.
SACRAMENTO:
27.50 Park Use Regulation. No person shall:
(w) camp in any park without a park use permit.
SAN DIEGO:
63.02.12 Same - Overnight Camping Prohibited - Exceptions.
To camp, lodge, sleep or tarry overnight; provided, however, that
nothing herein shall be construed to prohibit any person from being
or remaining in any park while in attendance at any function,
permission for the holding of which has been previously granted by
the City Manager.
63.20.11 Same - Camping, Sleeping Overnight Prohibited -
Exceptions. It shall be unlawful for any person, firm, or corporation,
other than one specifically authorized by license or lease from the
City of San Diego, to camp, lodge, sleep or tarry overnight, or to
erect, maintain, use or occupy upon any public beach in this CIty any
tent, lodge, shelter or structure, unless the same shall have two sides
thereof open and unless there shall be an unobstructed view into such
22
lodge, structure, shelter, or tent from the outside or at least two sides
thereof.
SAN FERNANDO:
16.5 Camping. No person shall camp or lodge within a park
or recreation center, except in a municipal automobile camp
designated as such by the city council.
16.17 Remaining after hours. No person shall remain, stay
or loiter in any public park between the hours of 10:30 p.m. and 5:00
a.m. of the following day without the consent of the director of
recreation.
SAN FRANCISCO:
3.12. Camping Prohibited. No person shall construct or
maintain any building, structure, tent or any other thing in any park
that may be used for housing accommodations or camping, except by
permission from the Recreation and Park Department or Commission.
3.13 Sleeping Prohibited During Certain Hours. No person
shall remain in any park for the purpose of sleeping between the
hours of 10:00 p.m. and 6:00 a.m., except that special permission
may be granted by the Recreation and Park Department to persons
providing securIty services between said hours in any park or for
other unusual events.
SAN GABRIEL:
10-2.06. Prohibited Acts. It shall be unlawful for any person
to do, or to permit to be done, any of the following acts within the
limits of any public park or playground in the City:
(e) To loiter, trespass, or remain in or upon any park or
playground during the hours designating the areas closed to the
public, which hours may be established by resolution of the Council.
23
10-2.07. Hours when closed to the public. All parks and
playgrounds under the jurisdiction of the City, either by ownership
or lease contract for use, are hereby declared to be closed to the
public between the hours of 10:00 p.m. of any day until 7:30 a.m.
of the following day.
SAN MARINO
16A.5. Recreational Activities.
No person in Lacy Park shall:
(3) Camping. No person shall set up tents, shacks or any
other temporary shelter for the purpose of overnight camping without
a written permit from the park superintendent.
16A.8. Parking Operating Policy.
(1) Hours. Lacy Park shall be open to the public during such
hours and on such days as the City Council shall establish by
resolution following a public hearing. The days on which the park
shall be open to the public and the opening and closing hours shall
be posted in accessible areas of the park.
SANTA ANA:
31-2.3. Camping.
(a) No person shall camp in a park except in an area that has
been designated for camping by the director.
(b) No person shall camp in a park without first obtaining a
permit from the director pursuant to section 31-3.
24
SANT A BARBARA:
15.16.070. Unlawful Areas to Camp.
It shall be unlawful for any person to camp in the following
areas except as otherwise provided for:
(a) Any public park;
(b) Any public street;
(c) Any public parking lot or public area, improved or
unimproved;
(d) Any publIc beach between a point representing the
prolongation of the easterly City limits as they existed prior to May
31, 1957, and a point representing the prolongation of La Marina
Drive.
15.160.060. Recreational Vehicles and Camping in Public
Areas - DefinitiOns.
For purposes of Section 15.16.060 through 15.16.100 inclusive,
the following words and terms are defined as follows:
B. "Camp" means the use of camping facilities such as tents,
tarpaulins or temporary shelters, the use of non-City designated
cooking facilities and similar equipment or the use of cots, beds or
hammocks. "Campmg" shall not include merely sleeping outside or
the use of a sleeping bag, bedroll, or mat, and no more personal
possessions than can reasonably be carried by an individual.
SANTA CLARITA:
14.06.020. Hours of Operation. A person shall not enter, be
or remain in any park or in any building m any park between the
hours of 10:00 p.m. and sunrise on the following day except as
authorized by a written permit issued by the director. The director
may, from time to time, change the hours of use as stated above for
25
any event or individual park. All persons shall comply with such
changed hours. A person shall not park or cause to be parked any
motor vehIcle in any park or parking facility for such park between
the hours of 10:00 p.m. and sunrise of the following day.
14.06.080. Overnight Camping Restrictions - Permit Issuance
Conditions.
A. A person shall not camp or sleep overnight in any park
except where a family type camping area is so designated, and then
only in accordance with the rules and regulations governing the use
of such area. The director may issue a permit to any youth group of
a character building nature and to any special interest group
permitting its members as a group to camp overnight at a designated
location in a park if the director finds:
1. That, in the case of a youth group, the group was
organized in good faith and not for the purpose of obtaining a permit
under this section, and the members of such group will be supervised
during such camping by an adequate number of responsible adults and
such overnight camping will not interfere with or in any way be
detrimental to the park or interfere with the uses thereof, and
2. That the group has agreed to the conditions contained
in the permit.
B. Upon the granting of such permit, the members of such
group, including the adult supervisors, may camp at the time, location
and under the condItions specified in the permit.
SOUTH PASADENA:
21.2. Persons prohibited between ten p.m. and daylight. It is
unlawful for any person to loiter or remain in any publIc park
between the hours of ten p.m. and five a.m. of the following morning
without first obtaining written permission from the city manager or
the director of parks and recreation.
21.10. Overnight camping. No person shall camp or lodge in
any park overnight without written permission first obtained from the
city manager and then only under such conditions and restrictions as
26
may be fixed by him. A deposit of ten dollars shall be made.
TEl\fPLE CITY:
3587. Closing Hours. Notwithstanding any other provisions
of the Temple City Municipal Code, all municipally owned parks and
recreation areas of the City shall be closed between the hours of
10:00 p.m. and 6:00 a.m. The Community Services Director of the
City may, from time to time, authorize in writing group recreational
activities to continue after 10:00 p.m.
TORRANCE:
49.2.1. Hours of OperatIon. All parks shall be open to the
public between the hours of 6 a.m. and 10 p.m. No person shall
enter or remain in any park between the hours of 10 p.m. and 6
a.m., except when engaged in an activity scheduled or expressly
permitted by the City.
WEST COVINA:
16-18. Unlawful acts. Within the limits of any of the public
parks or public places of the CIty, no person shall do any of the
following acts:
(a) Remain, stay or loiter in any public park, public place or
building therein, between the hours established by resolution of the
city council and posted, except with the written permission from the
dIrector;
G) Camp or lodge therein, except with written approval from
the human services director, requested ten (10) working days prior
to the camping date. . . .
27
WESTLAKE VILLAGE:
4500. Park Hours.
A. Three Springs Park shall be open between the hours of
6:00 a.m. and 10:00 p.m., except during the months of June, July,
August and September when such Park shall be open between the
hours of 6:00 a.m. and 10:30 p.m. From 10 p.m. (10:30 p.m.
during June, July, August and September) to 6:00 a.m. no person
shall enter, be present in or remam m the Park, the Park parking lot
or any Park building. This section shall not apply to officers and
employees of the City of Westlake Village, the County of Los
Angeles and the Las Virgenes Water District when such officers and
employees must eIther enter or remain in the Park in order to perform
duties attendant to such office or employment.
WEST HOLLYWOOD:
4801. Violations and Penalty. ViolatIon of rules and
regulations governing the use and operation of CIty parks, except
Section IV A.8 and Section VII of Resolution No. 648 (Park Hours)
shall, in addItion to any other remedies contained therein or in this
Code, constitute an infraction and shall be punishable as set forth in
Section 1200b of thIS Code. Violation Section IV A.8 and Section
VII of Resolution No. 648 (Park Hours) shall constitute a
misdemeanor and shall be punishable as set forth in Section 1200a of
this Code. Any person violating any of the rules and regulations
adopted by the City Council shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation of the park rules and regulations is committed, continued,
or permitted.
The following prOVISIons are from the Rules and Regulations
Governing Use and Operation of City Parks adopted by Resolution
Number 648.
II. For the purpose of these Rules and Regulations, the following
terms, phrases, words, and their derivation shall have the meaning
given herein:
28
B. "Camping" shall mean residing in or using a park for living
accommodation purposes, as exemplified by remaining for prolonged
or repetitious periods of time not associated with ordinary recreational
use of a park with one's personal possessions (including but not
limIted to clothing, sleeping bags, bedrolls, blankets, sheets, luggage,
backpacks, kitchen utensils, cookware, and similar materia!), sleeping
or making preparations to sleep, storing personal belongings as above
defined, regularly cooking or consummg meals, or living in a parked
vehicle. These activities constitute camping when it reasonably
appears, in hght of all the circumstances, that a person(s) is using a
park as a living accommodation regardless of their intent or the
nature of any other activities in which they might also be engaging.
IV. Prohibited Conduct.
A. General Conduct. No person shall within the limits of any
public park or recreation area:
8. (a) Camp at any time.
(b) Remain overnight, in any structure affixed to the
ground or otherwise, except by permit or under the auspices of a
program of the Department.
(c) Erect, place, or maintain any tent or other temporary or
permanent housing or shelter which is closed or capable of being closed
without a permit from the Department or as part of an approved recreation
activity.
VII. Park Hours.
A. Park hours shall be as follows:
1. West Hollywood Park. West Hollywood Park shall be open
between the hours of 6:00 A.M. and 12:00 Midnight. From 12:00
Midnight to 6:00 A.M., no person shall enter, be present in or
remain in the Park, the Park parking lot, or any Park building, except
for persons passing through the Park solely and exclusively in order
29
to go from a point of origin outside the Park to a destination outside
the Park and except for persons entering the parking lot solely in
order to park or remove a vehicle and then immedIately exiting the
parking lot. . . .
2. Plummer Park and Hart Park. Plummer Park and Hart
Park shall be open between the hours of 6:00 A.M. and 12:00
Midnight. From 12:00 Midnight to 6:00 A.M., no person shall
enter, be present in or remain in eIther Park, the Parks' parking lots
or any Parks' buildings, except for persons entering the Parks'
parking lots solely in order to park or remove a vehicle and then
immediately exiting the parking lot.
WlDTTIER:
12.44.040 Use Regulations. No person shall do any of the
acts specified in this section within the limits or boundaries of any
public park, playground, or real property of the city:
E. Live, camp or lodge in any public park, playground or real
property of the city WIthout a special permit as set forth in this
chapter.
30
CA:RMM:r
city Council Meeting 1-21-92
Santa Monica, California
ORDINANCE NUMBER
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4202B TO
THE SANTA MONICA MUNICIPAL CODE PROHIBITING
ENCAMPMENTS IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
section 4202B is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4202B. Camping.
(a) No person shall camp in any Public Space,
Public Beach or Public Street.
(b) No person shall occupy the same Public
Space for a period in excess of 8 hours, and have
in their possession Excess Personal Belongings.
For the purpose of this subsection, a person who
occupies space in a public park will be deemed to
occupy the same Public Space as long as she/he
remains in the same public park.
(c) No person shall occupy any pUblic beach
for a period in access of 12 hours and have in their
possession Excess Personal Belongings.
(d) No person shall occupy any portion of a
public street in excess of 2 hours and have in their
possession Excess Personal Belongings.
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.
(e) No person shall store Excess Personal
Belongings in a Public Space, public Beach, or Public
street while not personally present.
(f) No person shall sleep in a Public space
or public beach for a period in excess of 4 continuous
hours.
(g) No person shall sleep in a Public street.
(h) For the purposes of this Section:
(1) nCamp" shall mean the use of
camping equipment such as tents, tarpaulins or
temporary shelters, the use of non-City designated
cooking equipment such as camping stoves, portable
barbecues, or open fires, or the use of cots, beds,
or hammocks.
(2) "Public space" shall include the
following areas:
(i) Any public park.
(ii) Any public parking lot
or public area improved or unimproved.
(iii) The Santa Monica Pier.
(3) "Pu.]:)lic street" shall include any
public street or public sidewalk including public
benches.
(4) "Excess Personal Belongings" shall
mean any quantity of personal property which in the
aggregate occupies in excess of 3 cubic feet of space.
"Excess Personal Belongings" shall not include
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..
clothing worn.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices ~hereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 3. If any section, subsection sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect that validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
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