HomeMy WebLinkAboutOrdinance 666 Vehicle Habitation Businesses NonprofitsORDINANCE NO.666
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADDING CHAPTER 8.27 TO TITLE 8 OF THE MORRO BAY
MUNICIPAL CODE REGULATING OVERNIGHT HUMAN
HABITATION OF VEHICLES ON PRIVATE PROPERTY USED FOR
BUSINESS OR NONPROFIT ORGANIZATION OPERATIONS TO
MITIGATE HARM TO PUBLIC HEALTH, SAFETY AND WELFARE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City finds that the use of vehicles for human habitation overnight on
private property used for business or nonprofit organization operations impacts public health and
safety as this activity tends to result in damage to private property, theft, the accumulation of
trash, food waste, human waste and contaminated medical waste and the unauthorized discharge
of Greywater and Hazardous Water; and,
WHEREAS, the accumulation of trash, food waste and human waste has the potential to
spread disease and result in infestations by vermin and insects; and,
WHEREAS, the accumulation of discarded contaminated medical waste, including used
hypodermic needles, has the potential to harm patrons of the businesses or non -profits located
where the overnight human habitation of vehicles is occurring who are exposed to this waste,
and is an attractive nuisance for children; and,
WHEREAS, the collection of contaminated medical waste, human waste and trash and the
discharge of Greywater and Hazardous Water has the potential to contaminate the City's
waterways and beaches due to the proximity to storm drains; and,
WHEREAS, overnight human habitation in vehicles on private property used by business
or nonprofit establishments has resulted in a significant number of police calls for service related
to vandalism, property damage and criminal activity, including narcotics usage, noise violations,
excessive debris around the vehicles, prowling, parking violations, private property trespassing,
and loitering; and,
WHEREAS, unregulated overnight human habitation in vehicles on private property used
by business or nonprofit establishments creates increased public health and safety risks such as
those from overdoses, fire hazards, and death; and,
WHEREAS, the City finds that reasonable regulations for human habitation of vehicles
overnight on private property used for businesses and nonprofit organizations are necessary to
protect public health and safety.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The recitals set forth above are true and correct and are hereby
adopted as findings in support of this Ordinance as if fully set forth herein.
SECTIONS 2. NEW CHAPTER 8.27 ADDED TO CODE. Chapter 8.27 is added to Title 8 of the
Morro Bay Municipal Code to read as follows:
"CHAPTER 8.27 — REGULATION OF OVERNIGHT HUMAN HABITATION OF VEHICLES ON PRIVATE
PROPERTY USED FOR BUSINESS OR NONPROFIT ORGANIZATION OPERATIONS
8.27.010 FINDINGS AND PURPOSE
A. The use of various types of vehicles for human habitation overnight on private property
used for businesses or non-profit organizations impacts public health and safety as this
activity tends to result in damage to private property, theft, public safety risks, the
accumulation of trash, food waste, human waste and contaminated medical waste and
the unauthorized discharge of Greywater and Hazardous Water.
B. It is the purpose and intent of the City Council to regulate and provide standards for the
human habitation of vehicles overnight on private properties used for business and
nonprofit operations so as to be as compatible as possible with the needs of everyone in
Morro Bay to be healthy and safe.
8.27.020 DEFINITIONS
The following words and phrases, when used in this Chapter, shall have the meaning ascribed to
them by this section unless it is apparent from the context that another meaning is intended.
A. "Business" means any business that is required to obtain a current and valid business tax
certificate under Chapter 5.04 of the Morro Bay Municipal Code.
B. "Greywater" means untreated wastewater from bathtubs, showers, bathroom
washbasins, clothes washing machines and the like. It does not include any toilet
discharge, unhealthy bodily wastes, or manufacturing wastes.
C. "Hazardous Water" means sewage, toilet discharge, unhealthy bodily wastes,
manufacturing wastes and the like.
D. "Human Habitation" means, considering all the circumstances, that a person is using a
vehicle for: sleeping; bathing; preparing or cooking meals; or, possessing or storing items
that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket,
sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping
gear, food, water, personal grooming items, or containers of feces or urine. Evidence of
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human habitation includes observations, considering all the circumstances, of any of the
above, as well as that: a person has obscured some or all of the windows; there is litter,
rubbish, or waste in or around the vehicle; there is furniture set up in or around the
vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or, there is
evidence of human urination or defecation around the vehicle.
E. "Nonprofit Organization" means an organization that qualifies for tax-exempt status by
the IRS because its mission and purpose are to further a social cause and provide a public
benefit, regardless of whether or not the organization has secured such tax-exempt status.
F. "Overnight" means at anytime during the hours of 10:00 p.m. and 6:00 a.m. the following
day.
G. "Vehicle" means a "motor vehicle" as defined by California Vehicle Code, section 415 and
includes a "recreational vehicle" as defined by California Health and Safety Code, section
18010(a).
8.27.030 PROHIBITION AND REGULATIONS
A. Prohibition. Notwithstanding any other provision of this Code, overnight human
habitation is prohibited in vehicles parked on private property owned or leased by a
business or a nonprofit organization.
B. Exception. A total of three vehicles per parcel, may be used by persons who lack access
to permanent or safe shelter and who cannot obtain other housing, for overnight human
habitation in a parking lot or paved or gravel surface of a parcel of any size owned or
leased by a business or nonprofit organization, with the permission of the property owner
or lessee, after the owner or lessee is issued a City permit by the Community Development
Department, and the owner or lessee complies with the requirements of subsection C.
C. Requirements. A property owner or lessee who allows overnight human habitation in
vehicles on private property pursuant to this section shall:
1. Provide persons occupying such vehicles with access to sanitary facilities, including
but not limited to toilet, hand washing and trash disposal facilities at all times people
are authorized to be present overnight.
2. Not require payment of any fee, rent or other monetary charge for the activity
authorized by this Chapter.
3. Restrict this use of owner's or lessee's property to one period consisting of no more
than three (3) overnight stays, once every ten (10) days, per vehicle.
4. Not allow the discharge or dumping of wastewater, Greywater, Hazardous Water, or
trash on the property unless sufficient City approved receptacles or hook ups are
available.
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5. Not allow for the storage of personal property beyond six (6) feet immediately
adjacent to the vehicle.
6: Not allow on -site storage of personal property when the personal property owner is
no longer staying on the private property being used.
D. Revocation. A property owner or lessee who permits overnight human habitation in
vehicles on private property pursuant to this Chapter may revoke that permission at any
time and for any reason. Any person who has permission for human habitation in a vehicle
on that property as provided in this Chapter shall leave the property with their vehicle and
personal property immediately after permission has been revoked.
E. Existing Land Uses. The provisions of this Chapter are not intended to limit or otherwise
change any land uses that may be permitted on real property under the Morro Bay
Municipal Code.
8.27.040 VIOLATIONS AND ENFORCEMENT
A. Violations of this chapter are deemed a public nuisance, and may be abated as such. Each
day a violation continues is deemed a new violation.
B. Violations of this chapter may be punishable as infractions or misdemeanors, pursuant
to Chapter 1.16 of this Code.
C. Violations of this chapter may be punishable thorough administrative fines, in
accordance with Chapter 1.03 of this Code, as may be set by City Council resolution.
D. Methods of enforcement for violations of this Chapter are not exclusive and may consist
of multiple enforcement mechanisms where legally authorized and appropriate.
8.27.050 SUSPENSION OF ENFORCEMENT
The City Manager, or designee, is specifically authorized to modify or suspend enforcement of
any section or part of this Chapter in the event of a declared emergency, pursuant to
administrative rules or policies, weather conditions (including but not limited to extreme heat or
cold), or for any other reason within the City Manager's authority, regardless of whether an
emergency has been declared. In addition, the City Manager may suspend the enforcement of
any of the regulations in this Chapter when the City Manager, or designee, has determined a
person does not have access to shelter and is engaged in case management or behavioral health
services, or when necessary or appropriate to respond to a person's disability, or as further set
forth in City's administrative policies implementing this Chapter 8.27 adopted by the City
Manager, or designee, pursuant to Section 8.27.060.
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8.26.060 ADOPTION OF ADMINISTRATIVE RULES
The City Manager, or designee, may adopt administrative rules or policies governing or guiding
enforcement of this Chapter, consistent with the intent of this Chapter, including but not limited
to ensuring consistent and appropriate enforcement for various circumstances. These
administrative rules or policies should ensure that enforcement is tailored to various
circumstances, including but not limited to situations where a person has a disability under the
Americans with Disabilities Act, where minor children are present or otherwise involved, where
a person has employment obligations that may relate to their ability to comply with this Chapter,
or for other reasons that may support discretion in enforcement. "
SECTION 3. 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.
SECTION 4. POTENTIAL CONFLICTS. All ordinances, parts of ordinances, City resolutions
or policies, and the like, in conflict with those sections amended or added herein to the Morro
Bay Municipal Code, are hereby expressly superseded by this ordinance.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days
after its passage and adoption.
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SECTION 6. 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.
INTRODUCED at a regular meeting of the City Council held on the 121h day of December 2023,
which was continued to December 13, 2023, by motion of Council Member Barton and seconded
by Council Member Landrum.
PASSED AND ADOPTED on the 9th day of January, 2024, by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
I 1 1 \
CARLA WIXOM, Mayor
ATTEST:
2�L
NA SWANSON, City Clerk
APP 6V AS TO FORM:
CHRI . NEUMEYER, City Attorney
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Ordinance No. 666
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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 Ordinance No. 666 was duly adopted by the City Council of the City of Morro
Bay at a regular meeting of said Council on the 9th day of January 2024, and that it was so
adopted by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this day cif mr�_,1822.
DANA SWANSON, City Clerk
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Ordinance No. 666
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