HomeMy WebLinkAboutSleeping in Vehicles Ordinance No 3491 Amending Section 9.54 (2) Council/Agency Meeting Held:
Deferred/Continued to: l D M
�?v
❑ Approved ❑ Conditionally Approved ❑ Denied
o j? City Lirkis Signature
Council Meeting Date: 12/4/00 Department ID Number: CA0014
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
C-
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: Y SILVER, City AdministratoraW
PREPARED BY:((. dAL1L HUTTON, City Attorney
SUBJECT: Adoption of Ordinance No. Amending HBMC 9.54"' '
Sleeping in Vehicles _
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should the City Council amend the current ordinance banning
sleeping in vehicles in a public place to add a definition of "public place?"
Funding Source: N/A
Recommended Action: Adopt Ordinance. No. .3 `-��� amending HBMC §9.54 to add a
section defining "public place." ` l
Alternative Action(s): Do not adopt Ordinance No.
Analysis: In its current form, HBMC § 9.54 prohibits sleeping in a vehicle parked in a
public place, but does not define what is meant by "public place." You may recall that the'
City's drinking in public ordinance was challenged in court because it did not define which
areas were considered public and which were not. The City did not prevail in that case,
the judge ruling that.the failure to define where one could drink alcohol and where one
could not rendered the ordinance unconstitutionally vague. § 9.54 (sleeping in vehicle)
suffers from a similar infirmity. The issue arose recently when a private property owner
permitted a person to sleep in a vehicle on his property. The argument was made that the
car was not "parked in a public place" because it was parked on private property. The City
Attorney recommends adoption of a definition to clear up this ambiguity. Additionally, an
exemption for the RV parking area by the beach has been added.
AUES'T'
FOR COUNCIL ACTIvN
MEETING DATE: 12/4/00 DEPARTMENT ID NUMBER:
Environmental Status: N/A
Attachment(s):
City Clerk's
Page Number No. Description
1. Ordinance No. Amending HBMC 5.54
2. Legislative Draft of HBMC 5.54. (o/rt) a„_3L(q]
RCA Author: Lazarus
00-9-54 -2- 10/26/00 11:12 AM
ATTACHMENT # 1
e
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.54 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO SLEEPING IN VEHICLES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 9.54.010 is hereby to read as follows:
9.54.010 Unlawful during certain hours. It is unlawful for any person to sleep in any
vehicle parked in any public place in the city between the hours of 9 p.m. of one day and 9 a.m.
of the next day, unless parked in an area specifically posted and designated for camping.
SECTION 2. Chapter 9.54 is hereby amended by adding section 9.45.020, said section
to read as follows:
9.54.020 Definitions
(a) "Public place." For purposes of this ordinance, public place shall mean any area open to
public view.
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2000.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
0-141,
,pJCity Attorney
REVIEWED AND APPROVED: it
INITIATED AND APPROVED:
AD44 c
City Adiiiinistrator
00ord/mc9-54/l l/14/00
ATTAC H M E N T #2
Ordinance No. :3q9 i
LEGISLATIVE DRAFT
Chapter 9.54
SLEEPING IN VEHICLES
(1935-11/74)
Section:
9.54.010 Unlawful during certain hours.
9.56.020 Definitions
9.54.010 Unlawful during certain hours. It is unlawful for any person to sleep in any vehicle
parked in any public place in the city between the hours of 9 p.m. of one day and 9 a.m. of the
next day, unless parked in an area specifically posted and designated for
camping. (1935 11/74)
9.54.020 Definitions
(a) "Public place." For purposes of this ordinance, public place shall mean
any area open to public view.
legisdrft/mc0954
RCA
ROUTING SHEET
INITIATING DEPARTMENT: CITY ATTORNEY
SUBJECT: Adoption of Ordinance amending HBMC 9.54
COUNCIL MEETING DATE: 12/4/00
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff fifig ( L
Assistant City Administ for (Initial)
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Belowcee
• . For Only)
RCA Author: