HomeMy WebLinkAboutOrdinance 648 No Camping (City Council)ORDINANCE NO. 648
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ADDING SUBSECTION (D) TO SECTION 8.24.010
(PROHIBITED AT CERTAIN TIMES AND IN CERTAIN PLACES)
OF CHAPTER 8 24 (CAMPING) OF TITLE 8 (HEALTH AND
SAFETY) OF THE MORRO BAY MUNICIPAL CODE
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, on December 29, 2021, an initiative petition entitled "An Initiative Measure
to Prohibit Tent Camping and All Classes of Recreational Vehicle Camping (dry or otherwise)
in Certain Specified Areas of the City of Morro Bay' (initiative petition) was presented to the
City Clerk for filing; and
WHEREAS, the initiative petition provides that 'Tent camping and all classes of
recreational vehicle camping, dry or otherwise, are prohibited along Embarcadero Road,
including Tidelands Park, and along Coleman Drive, up to and including Morro Rock parking
lots. This shall not affect any current private business"; and
WHEREAS, Elections Code section 9215 provides in part that an initiative petition
qualifies if it "is signed by not less than 10 percent of the voters of the city," and as of the
February 10 2021, voter registration report to the Secretary of State, there were 8,196
registered voters in the City of Morro Bay; and
WHEREAS, pursuant to Elections Code section 9210, the initiative petition was
examined by the City Clerk and it was determined the number of signatures prima facie, was in
excess of 10% (820) of the registered voters of the City and the petition was accepted for
filing; and
WHEREAS, The City Clerk s office coordinated with the County Registrar of Voters to
examine signatures and, in accordance with Election Code sections 9114-9115, the initiative
petition was determined to contain 869 valid signatures and deemed sufficient on January 28,
2022;. and
WHEREAS, Elections Code section 9215 provides in part that when a city council is
presented with a qualified petition, the Council shall do one of the following: (a) Adopt the
ordinance, without alteration, at the regular meeting at which the certification of the petition is
presented, or within 10 days after it is presented; or, (b) Submit the ordinance, without
alteration to the voters pursuant to Election Code section 1405; or, (c) Order a report pursuant
to Election Code section 9212 at the regular meeting at which the certification of the petition is
presented. When the report is presented to the legislative body the legislative body shall either
adopt the ordinance within 10 days or order an election pursuant to option (b) above; and
WHEREAS, the City Council requested a report pursuant to Election Code section 9212
at the regular meeting held on February 8, 2022, and that report was presented to the City
Council at its regular meeting held on March 8, 2022;
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Ordinance No. 648
Page 1
WHEREAS, consistent with the law requires the City Council to either adopt the
ordinance or order an election, subsequent to submission of an Election Code section 9212
report, the City Council decided to `adopt the ordinance, without alteration."; and
S OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
S ECTION 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.
S ECTION 2. CODE AMENDMENT. A new subsection (D) is added, to Section 8.24.010
(Prohibited at certain times and in certain places) of Chapter 8 24 (Camping) of Title 8 (Health
and Safety) of the Morro Bay Municipal Code, to read as follows:
'D. Tent camping and all classes of recreational vehicle camping, dry or otherwise, are
prohibited along Embarcadero Road, including Tidelands Park, and along Coleman
Drive, up to and including Morro Rock parking lots. This shall not affect any current
private business.'
S ECTION 3 EFFECTIVE DATE. This ordinance shall be in full force and effect thirty
(30) days after its passage.
S ECTION 4. CERTIFICATION. The City Clerk shall certify to the adoption of this
ordinance, and shall cause the same to be posted and codified in the manner required by law
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Ordinance No. 648
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SECTION 5. AMENDMENT OR REPEAL ONLY BY VOTERS. As provided for by
California Elections Code section 9217, "No ordinance that is either proposed by initiative
petition and adopted by the vote of the legislative body of the city without submission to the
voters, or adopted by the voters, shall be repealed or amended except by a vote of the people,
unless provision is otherwise made in the original ordinance."
INTRODUCED at a regular meeting of the City Council held on the 8th day of March
2022, by motion of Mayor Headding and seconded by Council Member Addis.
PASSED AND ADOPTED on the 22nd day of March 2022, by the following vote:
AYES* Headding, Addis, Barton, Ford, Heller
NOES None
ABSENT: None
ATTEST:
I. M t.nfik
NA SWANSON. City NA SWANSON, Clerk
APPROVED AS TO FORM:
Ohds //eu (7)
CHRIS F. NEUMEYERCity Att
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JOHNiHE'DLl► -, ayor
Ordinance No. 648
Page 3
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 Number 648 was duly adopted by the City Council of the
City of Morro Bay at a regular meeting of said Council on the 22nd day of March, 2022, and that
it was so adopted by the following vote.
AYES' Headding, Addis, Barton, Ford, Heller
NOES. None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this 2 - day of fV\o..rcL.
01181.0001 /766026.1
A A SWANSON, City Clerk
A A Clerk
Ordinance No. 648
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