2022/07/26 City Council Ordinance 969 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 969.
Ordinance No. 969, an Ordinance of the City Council of the City of Rohnert Park,
Repealing and Replacing Chapter 9.41 of the Rohnert Park Municipal Code was
published on 7/29/2022 and 8/12/2022 as required by law, and posted in five (5) public
places in said City, to:
www.rpcity.org for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 7/29/2022 and 8/12/2022.
The summary of Ordinance No. 969 was published in the Community Voice on 7/29/2022 and
8/12/2022 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this September 1, 2022
Elizabeth Machado, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance #969
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 969" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 12 day of August, 2022 and ending on the a 12 day of August, 2022.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 12 day of August, 2022 at Rohnert Park, California
Signed
Claudia Smith Chief Clerk
SUMMARY OF ORDINANCE NO. 969 OF THE CITY OF ROHNERT PARK,
CALIFORNIA, REPEALING AND REPLACING CHAPTER 9.41 OF
THE ROHNERT PARK MUNICIPAL CODE
(CAMPING ON PUBLIC AND PRIVATE PROPERTY)
Pursuant to Government Code Section 36933 (e), the following cunsliltiles a summary
A Ordinance No. 969 introduced by the Rohnert Park City Council on July 26, 2022 and
ido pled on August 9, 2022 at its meeting to he held in the City CounoII Chambers,130
4vram Avenue., Rohnert Park, California.
The purposo of Ordinance No. 969 is to repulato camping on public and private Prot.
My In order to aafoguard health, safety, and the public welfare, and to establish penalties
far violation. The Ordlnoil ce gensrolly prohiblts camping on privoto property without
permission of the owner and a permit from the City. The Ordinance prohlbits camping
or storage of personal property In public parks and wellhead protection areas consistent
with the Rebnert Park Municipal Cade. The Ordinance prohlbits camping or storage of
personal property In a manner that Impedes use of 2Idowniks, pathways, streets, rf ghts.
of -way and access to driveways, loading docks, building entrances and fire hydrants.
Tha 0rdlnanca establlshas regu[at lons that apply when camping or storing personal
property on public property Including limitalIons on area occupied and area required for
accessibility, and regulations to mint mlzefire and other pub tit: health and environmental
rlsks. Violations of the Ordlnon ce are misdomearicM wlih provisions for pursing vl0-
latkms as infractions or nuisances.
A ceriflied copy of the (till text of the Ordinance Is posted and avall able for rev low in
lho City Clerk's Office of i30 Avram Avenue, Rohnert Park, California and online at
http,lfel(yof rohnartpark. lie sted,clvlctive.condclly_hall fadministrat [on ic]ly-clerklno•
lice and_publle. bear IngslnubAc_notices.
This ordinance shall be in full force and effective thirty (30) days after Its ad
rnd published and posted as required by law.
This ordinance was introduced by the Council of the City of Rohnert Park on t
day of July 2022 and adopted on August 9, 2022.
Dated: August 10, 2022
Sylvia Lopox Cuevas,
Clly Clark
C-)
City of Rohnert Park
Publish Ditto: Augnat `12, 2022
The Community Vok..0
ORDINANCE NO. 969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING AND REPLACING CHAPTER 9.41 OF THE ROHNERT PARK
MUNICIPAL CODE
WHEREAS, in 2018, and again upon rehearing en banc in 2019, the Ninth Circuit
Court of Appeals issued decisions in Martin v. Boise that the Eighth Amendment to the
United States Constitution prohibits the government from enforcing criminal prohibitions
related to sleeping outside on public property when no alternative is practically available to
a homeless person in any shelter; and
WHEREAS,the Ninth Circuit's opinion in Martin v. Boise noted that its holding
was a narrow one and did not grant individuals an unconditional right to sit, lie or sleep on
the streets at any time or at any place, leaving open the possibility for local jurisdictions to
adopt time, place and manner restrictions on such activities; and
WHEREAS,the City of Rohnert Park has devoted substantial resources toward
assisting all members of the community experiencing homelessness, including among other
things:
• Establishing an internal homeless taskforce including staff from public safety,
public works, code compliance, housing and the City Attorney's office
• Establishing a Homelessness Roundtable to engage the community in
programs to address homelessness
• Adding a homeless services coordinator and homeless-focused code
compliance officer
• Dedicating its Community Oriented Problem Solving (COPS) Team half time
to issues related to homeless
• Investing over $4.3 million in contracts for rapid rehousing and homeless
services since 2019
• Engaging 387 unhoused individuals and connected them with services
• Placing 61 formerly unhoused individuals in permanent housing
• Placing 58 formerly unhoused individuals into interim housing/shelter
• Securing a $14.6 million grant from the state Department of Housing and
Community Development, matched with $750,000 of investment from the
City, to construct a 60-unit interim supportive housing project
WHEREAS, in light of Martin v. Boise, the City of Rohnert Park has not been
enforcing existing city-wide prohibitions on unpermitted camping on public property, while
evaluating alternative measures to protect public health and safety; and
WHEREAS, on November 13, 2018 the Rohnert Park City Council adopted
Resolution 2018-148 declaring a shelter crisis pursuance to Government Code Section
8698.2; and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
publicly generated calls for service associated with homeless encampments between 2020
and 2021 and is on-track to experience another doubling between 2021 and the end of 2022;
and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
officer generated calls for service associated with homeless encampments between 2020 and
2021 and is on-track to experience a tripling of officer generated calls between 2021 and the
end of 2022; and
WHEREAS, the Rohnert Park Public Safety Department experienced a doubling of
arrests associated with illegal behavior at homeless encampments between 2020 and 2021
and is on-track to experience another doubling of between 2021 and the end of 2022; and
WHEREAS, the accumulation of significant quantities of combustible personal
property, typically associated with the creation of large encampments and evidenced by
existing conditions at the encampment at Roberts Lake Road Park and Ride, poses a
significant danger of fire to the occupants of encampments and to adjacent property owners;
and
WHEREAS, on July 11, 2022 the City of Oakland experienced a 2-alarm fire within
a large encampment illustrating the significant fire risk associated with accumulation of
significant quantities of combustible personal property; and
WHEREAS, such fire risks can only be lessened with regulations to increase
distance between camped person to lessen the risk of spread; and regulations requiring safe
and adequate pedestrian passageways and emergency vehicle access to ensure the safety of
any encampments on public property; and
WHEREAS, based on recent history in Sonoma County including the 2017 Tubbs
Fire, the 2019 Kindcaid Fire and the 2020 Glass Fire, the fire risk in Sonoma County,
including fire risks in encampments, is highest in the late summer and fall months, and the
upcoming fire season requires the City Council of Rohnert Park to act for the preservation of
public health and safety; and
WHEREAS, it is the obligation of the City to minimize the risk of wildfire to protect
public health and safety for City constituents; and
WHEREAS, it is the obligation of the City to keep its public rights of way clean and
available for public use, and to protect the public health, safety, and access by City
constituents; and
WHEREAS, the City should seek to accomplish the aforementioned objectives in a
manner that preserves the dignity and safety of all residents and exhausts alternative models
to promote compliance.
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance. The City Council of Rohnert Park hereby finds that the adoption of this
ordinance is necessary for the preservation of the public peace, health and safety, in order to
address fire safety and nuisance conditions generated by large encampments, and that the above
recitals set forth the factual basis for the adoption of the ordinance.
Ordinance No.969
2
Section 2. Environmental Review. The City Council finds the approval of this
ordinance is exempt under the "common sense" exemption because it does not involve the
construction or alteration of facilities and has no potential for resulting in direct or indirect
significant effect on the environment, as described in CEQA Guidelines section 15061(b)(3). In
the alternative, the proposed regulations are intended to regulate and limit the secondary impacts
associated with unhoused persons living in locations likely to cause damage to environmental
resources, and to prohibit discharges of untreated wastewater and other pollutants, and is
therefore exempt under CEQA Guidelines section 15307 as an action to protect natural resources
and under CEQA Guidelines section 15308 as an action for protection of the environment.
Section 3. Repeal and Replacement of Rohnert Park Municipal Code Section 9.41 —
Camping on Private and Public Property. Chapter 9.41 —Camping on Private and Public
Property, is enacted to read in its entirety as follows:
Section 9.41 —Camping on Private and Public Property
9.41.010—Camping Defined.
For the purpose of this chapter, the following definitions shall apply:
"Camping" shall mean the conduct of more than one of the following activities on
public or private property, when it reasonably appears, in light of all the circumstances,
that a person is using space on public or private property as a place of residence or
living accommodation:
1. Sleeping or making preparations to sleep (including the laying down of
bedding for the purpose of sleeping);
2. The erection of any tent, structure, or other form of shelter;
3. The preparation or cooking of a meal;
4. Unattended storage of personal belongings (including but not limited to
clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks,
kitchen utensils, and cookware).
9.41.020 - Camping on private property.
It is unlawful for any person to camp on private property without first obtaining the
written permission of the owner. Camping on private property shall be permitted only
in a residentially zoned area, and only for periods of not more than 2 consecutive days
where there exist sanitary sewers, running water, and cooking facilities inside a
permanent building which is lawfully established and available to such person. The
provisions of this section are not intended to prohibit camping within a permanent
campground, a travel trailer park, a recreational vehicle park, or other area designated
and permitted for such activities in accordance with Title 17.
Ordinance No.969
3
9.41.030 - Camping and storage of personal property in public.
A. It is unlawful for any person to camp in any public park in violation of Section
9.62.010 of this code.
B. It is unlawful for any person to camp in any wellhead protection zone in violation of
Section 13.02.120 of this code.
C. No person shall camp, or obstruct a street, sidewalk, or other public right-of-way,
in any of the following manners:
1. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, in a manner that impedes pedestrian
passage on any sidewalk or walkway;
2. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within ten feet of any driveway or loading
dock;
3. by camping, sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within five feet of any building entrance or
exit;
4. by camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within two feet of any fire
hydrant, designated fire lane, fire plug, or other fire department
connection;
5. by camping,sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within the public right-of-
way in a manner that obstructs or unreasonably interferes with the
use of the right-of-way for any activity for which the City has issued
a permit.
D. No person shall obstruct any portion of any street or other public right-of-
way open to use by motor vehicles, or any portion of a bike lane, bike path,
or other public right-of-way open to use by bicycles, by camping, sitting,
lying, or sleeping, or by storing, using, maintaining, or placing personal
property, anywhere within the street, bike lane, bike path, or other public
right-of-way, as specified.
E. No person shall occupy or use an area greater than ten by ten feet for storage of
unattended personal property on any city-owned parcel.
F. No person shall erect a tent, structure, or other encampment for purposes of
camping on public property within four feet of another person occupying a
different tent, structure, or other encampment on public property.
G. No person shall dump gray water(i.e., waste water from baths, sinks, washing
machines, and other kitchen appliances) or black water(i.e., sewage water)
onto sidewalks, streets, parks, open spaces, storm drains, or any other facilities
not intended for gray water or black water disposal.
Ordinance No.969
4
H. No person shall create or use an unpermitted electrical connection on public
property.
I. No person shall use public property for unattended storage of gasoline, propane
tanks, or combustible waste, for a period of 72 hours or more, where such
materials are not used, moved from their location, or there is no apparent owner
present, during the entirety of such period.
J. Fires on public property shall be prohibited except for cooking purposes, and
within a fire-proof receptacle. Notwithstanding Chapter 8.20 or Chapter 8.24 of
this Code, camp fires, bonfires, recreational fires, burning of garbage, and use
of portable outdoor fireplaces are prohibited on public property.
K. No person shall discard hypodermic needles in any public place, except in a
designated container designed for disposal of sharps waste.
L. No person shall camp in such a manner or location as to disturb wildlife dens,
burrows, or nests, nor shall any person camping on public property cut
vegetation or excavate or terrace soil or cause damage to public property.
M. No person camping on public property shall exceed noise levels specified for
residential zoning districts in Chapter 9.44.40 of this code, as measured at the
nearest property line.
9.41.040—Penalties for Violation
A. Any violation of this chapter is a misdemeanor and subject to prosecution in
accordance with subsection 1.16.010 of this code. Every day any violation
occurs or continues shall be deemed a separate offense.
B. Violations described above are deemed and declared to be a public nuisance
and may be subject to abatement in accordance with Chapter 1.24 of this
code
Section 4. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance shall be effective 30 days after its adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
This ordinance was introduced on July 26, 2022 and adopted by the Council of the City of Rohnert
Park on August 9, 2022, by the following roll call vote:
AYES: (Five) Councilmembers Giudice, Hollingsworth Adams, Stafford, Vice Mayor Rodriguez
and Mayor Elward
NOES: (0) Zero
ABSENT: (0) Zero
ABSTAIN: (0) Zero
Ordinance No. 969
5
CITY OF ROI-INERT PARK
c ie Elwar ,
ATTEST:
Sylvia Lopez Cuevas
0 17/0
Michelle archetta Kenyon, City Attorney
Ordinance No.969
6