Chapter 9.52
MOBILE LIVING UNITS
Sections:
9.52.020 Use or occupancy of mobile living units for sleeping purposes prohibited – Exceptions.
9.52.030 Permitting property to be occupied or used for such purposes prohibited.
9.52.040 Overnight parking exception.
9.52.050 Exemption for parking or storage on owned or leased premises.
9.52.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.
A. "Mobile living unit" means a commercial coach, mobile home, recreational vehicle or travel trailer as each of these terms is defined in Chapter 1 (Sections 18000 through 18014), Part 2 (Mobile Homes) and in Chapter 1 (Sections 18200 through 18220), Part 2.1 (Mobile Home Parks Act), Division 13 of the Health and Safety Code of the state, and a camp trailer, house car, trailer coach or motor vehicle, as each of these terms is defined in Division 1 (Sections 100 through 680) of the Vehicle Code of the state, or any other vehicle or structure originally designed or permanently altered in such a manner as will permit occupancy or use thereof for living or sleeping purposes, and so designed or equipped with wheels, or capable of being mounted on wheels and used as a conveyance on public streets or highways, propelled or drawn by its own or other motive power, excepting a vehicle or device used exclusively upon stationary rails or tracks.
B. "Person" means and includes any natural person, partnership, firm, company, corporation, trust or unincorporated association. (Ord. 01-4 N.S., 2001).
9.52.020 Use or occupancy of mobile living units for sleeping purposes prohibited – Exceptions.
It is unlawful for any person to occupy or use any mobile living unit for living or sleeping purposes upon any street, alley, lane, highway, municipal off-street parking lot or other public place, or upon any lot, piece, parcel or tract of land within the city except as provided below and in BMC 9.52.040:
A. Within a lawfully established and licensed mobile home park; recreational trailer park; travel trailer park; labor camp subject to Chapter 1 (commencing with Section 17000), Part 1, Division 13 of the Health and Safety Code of the state of California; or other like facility which is designed and equipped to operate for the purpose of providing temporary or permanent accommodations for such mobile living units.
B. A mobile living unit may be occupied or used for sleeping purposes only by friends, relatives or visitors on land that is paved, zoned residential, and entirely owned by or leased to the host person for a period not to exceed two weeks in any one calendar year; provided, that said mobile living unit shall not be connected to any utility, other than temporary electric hookups; and provided further, that the host person shall receive no compensation for such occupancy or use. No such mobile living units shall discharge any litter, sewage, effluent or other matter except into sanitary facilities designed to dispose of such material.
C. Notwithstanding any other provision of this chapter, any occupancy of a mobile living unit or mobile home which is permitted pursuant to the zoning ordinance of the city, or pursuant to permits granted thereunder, shall be permitted. (Ord. 01-4 N.S., 2001).
9.52.030 Permitting property to be occupied or used for such purposes prohibited.
Subject to the exceptions set forth in BMC 9.52.020, it is unlawful for any owner, lessee, or occupant of any lot, piece, parcel, or tract of land within the city, whether for gain, hire, reward, gratuity or otherwise, to permit the same to be occupied or used by any mobile living unit for living or sleeping purposes; provided, however, that the prohibition contained in this section shall not apply to any use of land permitted by the zoning ordinance (BMC Title 17) or any permit granted thereunder. (Ord. 01-4 N.S., 2001).
9.52.040 Overnight parking exception.
Nothing in this chapter shall be deemed to prevent the temporary occupancy, for sleeping purposes, of a mobile living unit or any other motor vehicle within the city limits for a single period of not more than 24 hours in any one calendar year from the evening of one day to the morning of the next day, if lawfully parked on a public street or in a public parking facility, when the following conditions are met:
A. Said vehicle must conform to all applicable sections of the Vehicle Code of the state of California;
B. Said vehicle must have completely self-contained utilities meeting all applicable codes and laws of the state of California governing such mobile living units, as defined in BMC 9.52.010, or meeting such requirements in the jurisdiction of registration, if the vehicle is registered outside the state of California; this subsection is not applicable to motor vehicles;
C. The self-contained utilities described in subsection (B) of this section must include toilet facilities; this subsection is not applicable to motor vehicles;
D. Said vehicle, or the occupants thereof, may not discharge or discard any litter, effluent, sewage or other matter into any public street or way or upon any private property while parked as provided in this section. (Ord. 01-4 N.S., 2001).
9.52.050 Exemption for parking or storage on owned or leased premises.
Nothing in this chapter shall prohibit the owner or operator of any mobile living unit from parking or storing his mobile living unit upon premises owned, leased or otherwise lawfully occupied or used by him, so long as such mobile living unit is not occupied or used for living or sleeping purposes in violation of the provisions of this chapter, and as long as such mobile living unit is not in violation of zoning or any other applicable ordinance or regulation of the city. This chapter does not apply to temporary mobile offices. (Ord. 01-4 N.S., 2001).
9.52.060 Enforcement.
It shall be the duty of any police officer, the building official, the health officer and any other employee of the city designated by the city manager, in writing filed with the city clerk, to enforce the provisions of this chapter. The building official, the health officer or any regularly appointed employee of the city so designated by the city manager is empowered to make arrests and issue citations pursuant to Sections 836.5 and 853.6 of the Penal Code of the state for violations of this chapter. (Ord. 01-4 N.S., 2001).