This chapter is adopted pursuant to the city's police powers
as set forth in the California Constitution and
Government Code Section
37359 for the following purposes:
(a) To
protect public health and safety by ensuring public property is used
for its intended purpose by all members of the community. This includes,
without limitation, protecting the personal constitutional rights
of all individuals to access and use public property safely and freely
in the manner for which it was intended.
(b) To
maintain and improve the city's aesthetics to promote public welfare
and economic development.
(c) To
balance freedom of expression with reasonable time, place, and manner
restrictions for protecting public health, safety, and welfare.
(d) To
avoid creation of health hazards when solid or liquid waste is intentionally
or unintentionally discarded upon public property.
(e) To
balance the needs of individuals with that of the general public when
utilizing public property.
Nothing in this chapter is intended to, nor does it, restrict
recreational activities on public property at the times and places
available for such use.
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(Ord. 2170 § 2, 2020)
The city manager is authorized to promulgate administrative
policies and procedures ("AP&P") that may be needed to implement
this chapter.
(Ord. 2170 § 2, 2020)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter.
"Camper"
means a structure designed to be mounted on a motor vehicle
and to provide facilities for human habitation or camping purposes.
"Camp facilities"
includes one or more of the following items: tents, huts,
other unpermitted physical shelters, cots, beds, sleeping bags, hammocks,
or bedrolls.
"City"
means the city of Monterey Park and its agents including,
without limitation, sworn law enforcement officials.
"Encampment"
means a location consisting of camp facilities, cooking facilities,
and other evidence of human habitation.
"Entrance"
means the entire area between the outer edge of an entrance
to a building and the exterior door and includes the entry way, doorway
or vestibule.
"House car"
means a motor vehicle originally designed, or permanently
or temporarily altered and equipped, for human habitation, or to which
a camper is permanently or temporarily attached.
"Human habitation"
means the use of a vehicle for a dwelling. Evidence of human
habitation includes activities such as sleeping, setting up housekeeping
or cooking, and/or any other activity where it reasonably appears,
in light of all the circumstances, that one or more persons are using
the vehicle as a living accommodation. The use of a vehicle for six
or more consecutive hours for eating, resting, recreating and/or sleeping
per se constitutes "human habitation" for purposes of this chapter.
"Overnight shelter"
means a facility with overnight sleeping accommodations,
the primary purpose of which is to provide temporary shelter for homeless
persons at no charge. A shelter is not available when the homeless
person cannot occupy the space due to overcapacity, exhaustion of
stay limitations, or when religious observance is required as a condition
of gaining shelter. If a homeless person cannot utilize the overnight
shelter space due to voluntary actions including, without limitation,
intoxication, drug use, unruly behavior, or violation of shelter rules,
the overnight shelter space is "available" for purposes of this chapter.
"Personal Effects"
means personal property consisting of at least the following
items:
(1)
Medication, personal documents, identification, prescriptions,
eyeglasses, or other medical devices;
(2)
Sleeping bag or bed roll which is sanitary and non-verminous;
(3)
Tents in usable and good condition;
(4)
Clothes stored in a manner protecting them from the elements,
which are not unsanitary, soiled, or verminous; and
(5)
Personal property with an individual value of at least fifty
dollars.
"Restricted area"
means any public right-of-way and public property including,
without limitation, parks, and parking lots.
(Ord. 2170 § 2, 2020)
Notwithstanding any provision of this chapter to the contrary,
the city manager may prohibit or restrict a permit being issued to
use a recreational vehicle or camper for temporary human habitation
on any particular street or any portion thereof, or may designate
a specific location for any particular permit which exceeds the three
hundred-foot limit if he or she determines such prohibition, restriction,
or designation is required for the public health, safety or welfare.
(Ord. 2170 § 2, 2020)
Except with a permit as provided elsewhere in this code, it
is unlawful for any person to place an electrical, water, gas, telephone,
or other utility connection so as to encroach on a sidewalk or other
public right-of-way.
(Ord. 2170 § 2, 2020)
The city manager is authorized to construct, maintain, and post
such markings and signs as are determined necessary or desirable to
give public notice of this chapter.
(Ord. 2170 § 2, 2020)
The city manager may remove personal property from restricted
public places or from an encampment as follows:
(a) The
city manager may remove any personal property, including personal
effects, stored or remaining in restricted public places or from an
encampment.
(b) Except
for personal effects, the city manager may dispose of such abandoned
personal property, including personal effects, in any reasonable manner
including, without limitation, destruction.
(Ord. 2170 § 2, 2020)