HomeMy WebLinkAboutOrdinance - 2376 - Amend Title 10
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ORDINANCE NO. 2376
AN ORDINANCE OF THE CITY OF REDDING AMENDING
TITLE 10 (PUBLIC PEACE, MORALS AND WELFARE),
CHAPTER 10.40 (UNLAWFUL CAMPING), BY AMENDING
SECTION 10.40.010 (CAMPING ON PUBLIC PROPERTY)
AND SECTION 10.40.020 (CAMPING ON PRIVATE
PROPERTY) AND REPEALING SECTION 10.40.040
(VIOLATION) RELATING TO THE REGULATION OF
UNLAWFUL CAMPING AND FIRE ACTIVITY ON PUBLIC
AND PRIVATE PROPERTY
WHEREAS, there has been an increase in unlawful camping and in the maintenance of open fires
on public and private lands; and
WHEREAS, unlawful camping activity contributes to the deposit of debris and trash on public and
private lands thereby causing blight and other nuisance conditions; and
WHEREAS, open fires maintained by persons unlawfully camping on public and private lands pose
an immediate danger to the health, welfare and safety of the public; and
WHEREAS, the protection of the health, welfare and safety of the public necessitates that law
enforcement be enabled, to the maximum extent possible, to address nuisance conditions and the
threat to health, welfare, and public safety caused by unlawful camping and fire activity on public
and private lands.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
REDDING AS FOLLOWS:
Section 1. Title 10 (Public Peace, Morals and Welfare), Chapter 10.40 (Unlawful Camping)
is amended to change the name of the Chapter to read as follows:
Chapter 10.40 (Unlawful Camping and Fire Activity)
Section 2. Title 10 (Public Peace, Morals and Welfare), Chapter 10.40 (Unlawful Camping),
Section 10.40.010 is hereby amended to read as follows:
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10.40.010 - Camping and fire activity on public property.
A. Except as may be permitted within municipal parks by the Community Services
Director, or his or her designee, it is unlawful to camp upon any public property
owned by the city, including, without limitation, streets, easements, parks, dump
sites, creekbeds, electric utility substations, parking lots, or corporation yards or to
start or maintain an open fire on said property without a permit in violation of the
California Fire Code.
B. Except as otherwise permitted under Title 18 of the Redding Municipal Code, it is
unlawful for any person to sleep between ten p.m. and five a.m. in any vehicle parked
on any public street, alley way, or parking area, or any privately owned parking area
used for the parking of customers of any business enterprise without the consent of
the owner of such business enterprise.
Section 3. Title 10 (Public Peace, Morals and Welfare), Chapter 10.40 (Unlawful Camping),
Section 10.40.020 is hereby amended to read as follows:
Section 10.40.020 - Camping and fire activity on private property.
A. Except as otherwise provided in this section, it is unlawful to camp upon private
property within the City or to start or maintain an open fire on private property in
violation of the California Fire Code.
B. Except as otherwise provided in this subdivision, this section shall not apply to
persons camping upon their own land or to persons camping with the written consent
of the owner of the land, provided that such written consent is in their possession at
the time and is shown upon demand of any peace officer and is not otherwise
prohibited by Title 18 of the Redding Municipal Code. No person shall camp, or
permit to camp, on private property for a period of time exceeding seven (7)
consecutive days without an interruption of at least seven (7) consecutive non-
camping days. For purposes of this section camping for any portion of a day shall
count as a full camping day.
C. This section shall not apply to persons lawfully camping within campgrounds or
trailerparks approved pursuant to Title 18 of the Redding Municipal Code nor shall
it be construed to waive or preempt any requirement or authorization provided under
Title 18 of the Redding Municipal Code.
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Section 4. Title 10 (Public Peace, Morals and Welfare), Chapter 10.40 (Unlawful Camping),
Section 10.40.040 is hereby repealed.
Section 5. The passage of this ordinance is not a "project" according to the California
Environmental Quality Act, and therefore is not subject to its provisions requiring environmental
reVIew.
Section 6. This ordinance shall take effect 30 days after the date of its adoption, and the City
Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council
at a regular meeting on the 17th day of October, 2006, and was duly read and adopted at a regular
meeting on the 7th day of November, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: Dickerson, Mathena, Stegall, and Murray
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Pohlmeyer
COUNCIL MEMBERS: None
ATTEST:
APPROVED AS TO FORM:
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RICHARD A. DUVERNAY, C' Attorney
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