HomeMy WebLinkAboutOrdinance 636 Urgency Ordinance Chapter 8-24 CAMPING AmendmentORDINANCE NO. 636
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AMENDING SECTION 8.24 030 OF THE MORRO BAY MUNICIPAL CODE TO
INCREASE PENALTIES FOR UNAUTHORIZED RV AND VEHICLE CAMPING
WITHIN THE CITY OF MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, with the current COVID-19 pandemic, coupled with increased popularity of
traveling via recreational vehicles and trailers, the City has experienced an increase of travelers
camping through their recreational vehicles or other vehicles ("vehicular camping"), unable or
u nwilling to camp in designated areas; and
WHEREAS, the Morro Bay Police Department reports that officers will on average contact
over fifty unlawful vehicular campers during a weekend night shift; and
WHEREAS, vehicular camping outside of prepared and designated areas create
immediate hazardous conditions for the environment with unlawful disposal of human waste,
trash, fuel spills, and vehicleexhaust; and
WHEREAS, the large numbers of vehicular campers who are camping in undesignated
areas are causing visual blight to the natural beauty of Morro Bay, as well as generating a
deleterious, unwarranted and negative environmental impact; and
WHEREAS, unlawful` vehicular campers increase law enforcement and fire response to
emergency calls for service; and
WHEREAS, the City's Harbor Department and Public Works Department are impacted by
u nlawful vehicular campers with increased responses to environmental impacts such as damage
to roadways, parking areas, wildlife, and damage to City property; and
WHEREAS, the concomitant financial cost of these additional services created by illegal
vehicular campers is an unwarranted burden on the City and its taxpayers; and
WHEREAS, Morro Bay community members have voiced concern and displeasure with
the large number of vehicular campers who are camping in undesignated areas; and
WHEREAS, local Morro Bay law presently renders illegal vehicular camping punishable
as either an infraction, or through administrative fines starting at a maximum of $100 for the first
✓ iolation (presently set at $62), and the first administrative fine must be preceded by a twenty-
four hour warning; and
WHEREAS, the growing popularity of vehicular camping in undesignated areas, coupled
with current City law which levies relatively small fines when enforcement is dispensed, is
perceived to have created an understanding among the vehicular camping community that Morro
Bay is limited in its ability to enforce local laws against illegal vehicular camping, as local law at
present requires first a warning be issued does not allow additional enforcement within a 24-hour
period, and the current fine when a citation is issued is $62, meaning essentially an unlawful
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vehicular camper can set up in an illegal camping area, camp for a 48-hour period, and only pay
$62; and
WHEREAS, Government Code section 53069.4(a)(2)(A) provides that a warning period
for the levying of administrative fines is required in circumstances "when the violation pertains to
building, plumbing, electrical, or other similar structural or zoning issues, that do not create an
immediate danger to health or safety," and such circumstances are not present as concerns
unlawful vehicular camping as detailed herein; and
WHEREAS, Govt Code sections 53069.4(a)(1) and 36900(b)(1) provide that if violation of
local ordinance would otherwise be an infraction, the administrative fine or penalty for a first
violation shall not exceed $100, yet similar restrictions do not apply to misdemeanors; and
WHEREAS, the City Council deems it necessary to adopt an urgency ordinance pursuant
to Government Code section 36937(b) to: 1) increase the administrative fines levied for violation
of the City prohibition on unlawful vehicular camping; 2) render such administrative fines able to
be levied without a twenty-four hour "warning' period; and, 3) provide that violation of the City
prohibition on unlawful vehicular camping, if criminally cited, is a misdemeanor, finding the
urgency, to the immediate preservation of the public peace, health and safety, is demonstrated
by the preceding recital of facts; and
WHEREAS, Government Code Section 36937 expressly authorizes the City Council to
adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety,
if the ordinance is approved by four -fifths of the City Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are
all true and correct and are incorporated herein by this reference.
SECTION 2. CODE AMENDMENT. Section 8.24.030 of the Morro Bay Municipal Code is
hereby amended to read as follows (new text in bold italics):
"8.24.030 - Violations and penalties.
A. Any person who is convicted of violation of any provision of this chapter is guilty of an
infraction punishable as provided in Chapter 1.16 of this code, with the exception of any
person who is convicted of violation of Section 8.24.010(A), or Section 8.24.010(C)
in regards to a "tent trailer, the living quarters of any camper, house car, bus, camp
trailer, utility trailer or trailer coach," is guilty of a misdemeanor punishable as
provided in Chapter 1.16 of this code. For purposes of this chapter, a "camper" or
"house car" shall also expressly refer to a "recreational vehicle."
B When any violation of this chapter punishable as a misdemeanor is enforced
through the administrative citation program provided for in Chapter 1.03 of this
code, such enforcement (notwithstanding any contrary provision in Chapter 1.03 of
this code):
1. does not require a warning as a prerequisite to the issuance of a first
administrative citation; and
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2. shall, unless otherwise set forth in a schedule of fines established by
resolution of the city council, have the amounts of the fines levied as follows:
i. two hundred fifty dollars ($250) for a first violation;
ii. five hundred dollars ($500) for a second violation within the
consecutive 12-month period after the date of the first violation; and
Hi. one thousand dollars ($1000) for each additional violation within the
consecutive 12-month period after the date of the first violation."
S ECTION 3. URGENCY. Based on the foregoing recitals and all facts of record stated
before the City Council, the City Council finds and determines that the immediate preservation of
the public health, safety and welfare requires that this ordinance be enacted as an urgency
ordinance pursuant to Government Code Section 36937(b), and take effect immediately upon
adoption.
S ECTION 4. CONFLICT. If the provisions in this ordinance conflict in whole or in part with
any other City regulation or ordinance adopted prior to the effective date of this section, the
provisions in this ordinance will control.
S ECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision
of any court of 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 adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
thereof may be declared invalid or unconstitutional.
S ECTION 6. EFFECTIVE DATE. This ordinance is hereby declared to be an urgency
measure and shall become effective immediately upon adoption by at least a four -fifths (4/5) vote
of the City Council pursuant to Government Code section 36937(b).
S ECTION 7. CERTIFICATION. The City Clerk shall certify as to the passage and adoption
of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner
required by law.
PASSED AND ADOPTED on the 25th day of August, 2020, by the following vote:
JOHN
ATTEST:
ZAS-%D4.,,,
ON, City Clerk
APPROVED AS TO FORM:
/64,irte 17/-4
CHRIS F. NEUMEYE'� ity Att9 ey
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Ordinance No. 636
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'bD_INiayor
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY
that the foregoing Urgency Ordinance Number 636 was duly adopted by the City Council of the
City of Morro Bay at a regular meeting of said Council on the 25th day of August 2020, and that it
was so adopted by the following vote:
AYES* Headding, Addis, Davis, Heller, McPherson
NOES* None
ABSENT: None
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City Clerk, Dana Swanson
Ordinance No. 636
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