Chapter 18.36
MOTOR VEHICLES, MOBILE HOMES, AND MOBILE HOME PARKS

Sections:

18.36.010    State code adopted.

18.36.020    Definitions.

18.36.030    Motor vehicles on private property.

18.36.040    Camping or sleeping in trailers or motor vehicles overnight prohibited.

18.36.050    Temporarily sleeping in a parked vehicle by permit only.

18.36.010 State code adopted.

The state of California Health and Safety Code, Division 13, Part 2, and the California Administrative Code, Title 8, Chapter 9, Articles 2, 3, 4 and 5, as now existing or as may hereinafter be amended, are hereby adopted, and incorporated herein by reference, and the city’s chief building inspector is hereby designated as the enforcement agency for the regulations and requirements contained therein. [Ord. 98-34 § 6, 1998; Ord. 400 N.S., 1962; Ord. 210 N.S. § 5-701, 1952].

18.36.020 Definitions.

For the purposes of this chapter the following terms shall be construed to have the meaning herein given:

“Auto court” means a tract of land under single ownership or control intended or used for the accommodation of transients in cottages and/or house cars, and of which a portion of said tract is required for the common use of the occupants thereof.

“Cottage” means any building or structure other than a house car used as living or sleeping quarters and which provides for not more than two families.

“House car” means any structure mounted on wheels used as living or sleeping quarters and which is transported over public highways by its own motor power or by other means. As used herein the term “house car” shall be construed to include but shall not be limited to vehicles known as “campers,” “trailers,” “mobile homes,” and “motor homes,” except that the provisions of this section shall not be construed to prohibit any of the state mobile home regulations adopted in PGMC 18.36.010. [Ord. 435 N.S., 1963; Ord. 210 N.S. § 5-521, 1952].

18.36.030 Motor vehicles on private property.

No house car, or other motor vehicle, while occupied as living or sleeping quarters, shall be parked or remain upon any private lot, parcel or tract of land within the city except upon an auto court established in accordance with the provisions of this chapter.

Nothing herein contained shall prohibit the occupant of any dwelling from occupying or permitting the occupation of a house car on the premises for a total of 30 days or parts of days, in any 12-month period; provided, that the occupants of the house car have access to the sanitary facilities in said dwelling.

Any house car having wheels removed, being blocked up or otherwise made stationary shall be automatically considered a permanent dwelling or structure, and it is unlawful for any house car to be made stationary in any manner except in compliance with the state housing law and city building regulations pertaining to the erection of such dwellings and structures. [Ord. 13-015 § 2, 2013; Ord. 1081 N.S. § 1, 1979; Ord. 544 N.S., 1966; Ord. 210 N.S. § 5-522(8), 1952].

18.36.040 Camping or sleeping in trailers or motor vehicles overnight prohibited.

It shall be unlawful to park any trailer or any motor vehicle on any public street, highway, roadway, alley, parking lot, or other public place for the purposes of camping or sleeping between the hours of midnight to 5:00 a.m.

(a) Statement of Purpose. The purpose of this section is to establish overnight camping or sleeping regulations on public streets, and other public places, to address concerns related to public nuisance, health, safety, and general welfare.

(b) Definitions. For the purposes of this section, the terms and definitions of the California Vehicle Code shall apply.

(c) Exceptions. For the purposes of this section, the following exceptions shall apply:

(1) A permit as outlined in PGMC 18.36.050.

(2) A permit to allow an exception to these time limitations may be issued by the chief of police or designee if it is found that the exception is warranted by unique and overriding circumstances that is in furtherance of the purpose of this section. Each permit shall be for a limited term and shall be conditioned to require renewal after that term.

(d) Enforcement.

(1) Any violation of this section shall constitute an infraction and may be enforced pursuant to Chapters 1.16 and 1.19 PGMC. [Ord. 19-001 § 2, 2019].

18.36.050 Temporarily sleeping in a parked vehicle by permit only.

A safe sleeping pilot program shall exist in the city in accord with this section. The city manager, chief of police, or designee shall have the authority to issue or deny safe sleeping program site permits pursuant to the following conditions:

(a) Maximum Number of Permits. The maximum aggregate number of vehicles that may be permitted at any one time throughout the city pursuant to the safe sleeping program ordinance shall be seven.

(b) Vehicle Definition. Under this section, the term “vehicle” is defined as a passenger car, passenger truck, house car, recreational vehicle, or motor home. Buses and commercial vehicles shall not qualify as a vehicle.

(c) Site Registration. Each property owner eligible to participate in the safe sleeping program shall register the site with the city and obtain a safe sleeping program site permit, prior to allowing any person to park or sleep in a parked vehicle overnight. This site shall also be referenced in this section as the “premises.”

(d) Site Locations Qualified for Permits under the Program. The location upon which a permit may be issued shall be a parking lot of a religious institution, place of worship, business, or public entity that owns or leases property on which an existing hardscaped parking lot and occupied structure are located.

(e) Site Registration Application. Each site registration application shall include the following:

(1) Written assurance the property owner shall be individually responsible to ensure all requirements of this section and the safe sleeping program site permit are met;

(2) The property owner has sole and exclusive control of the parking area to be used as the safe sleeping program site;

(3) A site plan that shows the location of trash and recycling bins, the location of restroom facilities, the parking plan and any lighting or security facilities;

(4) On-site sanitary and trash facilities shall be available to each temporary vehicle occupant, in compliance with law and applicable building and health codes;

(5) The property owner is responsible for any wastewater, sewage, or waste material discharged onto or deposited upon the surface of the ground or parking area, whether as a result of leaks from plumbing fixtures, wastewater, sewage, or waste material discharge, or any other material deposited upon the surface of the ground or parking areas by an occupant of a parked vehicle on that site;

(6) The property owner shall remove any wastewater, sewage, or waste material discharged onto the ground or parking areas, in a manner consistent with the requirements of law, and in consultation with the county health department;

(7) The property owner shall provide garbage and refuse disposal services as required by Chapter 9.16 PGMC, Solid Waste, as may be amended from time to time;

(8) The property owner shall provide or ensure adequate site supervision. Site supervision shall include, at a minimum, providing an on-call “on-site monitor” to ensure vehicles and occupants do not arrive before 7:00 p.m. and leave by 7:30 a.m. The monitor shall also respond to neighbor, community or city inquiries. Any on-call monitor must be able to be physically present on site within 30 minutes of request at any time the property is occupied. Within 24 hours of receiving any request for corrective action, the on-site monitor shall use his/her best efforts to remedy the circumstance;

(9) The property owner shall be responsible for any cost related to the towing of vehicles, removal of debris, remediating environmental violations, and/or any civil or criminal remedies related to use of a temporary vehicle occupancy permit;

(10) The property owner shall not accept payment of any fee, rent, or monetary charge for overnight sleeping in connection with the use of a temporary vehicle occupancy permit;

(11) Acknowledgment the city has not participated in selection of, and does not provide supervision for, any temporary vehicle occupant. The property owner shall nonetheless provide written assurance he/she shall not impermissibly discriminate in the selection of temporary vehicle occupants for any reason, including race, color or creed.

(f) Temporary Vehicle Occupancy Permits. Each vehicle eligible to participate in the safe sleeping program shall be registered and shall possess and prominently display a temporary vehicle occupancy permit in the vehicle windshield, before any person shall be allowed to park or sleep in a parked vehicle overnight.

(1) Occupancy Limited. Guests shall not be allowed. Vehicles may be occupied only by approved occupants and one occupant must have a valid driver’s license. Occupants shall not exceed the occupant capacity for vehicle to be lawfully driven on a public roadway/highway.

(2) Vehicle Requirements. Each vehicle shall be operable and properly registered with valid vehicle insurance, in accord with state and local law. Only one vehicle shall be allowed under each temporary vehicle occupancy permit.

(3) Times. Each vehicle shall remain off the premises between the hours of 7:30 a.m. and 7:00 p.m. each day. Strict adherence to these “in and out” times is mandatory.

(4) Indemnification. Each vehicle occupant member who stays in a vehicle under a temporary vehicle occupancy permit shall sign an indemnification and waiver form, as prepared by the city, to indemnify the city and waive any claim or cause of action against the city, including relocation benefits.

(5) Permit Issued by Property Owner. The temporary vehicle occupancy permit shall only be issued by a property owner that has currently registered the site pursuant to this section to allow a named person or named persons to temporarily sleep overnight in a vehicle on that specific property, and must be issued on a form approved by the city.

(6) Expiration of Vehicle Permit. Each temporary vehicle occupancy permit shall expire 30 days from the date of its issuance. Thereafter, permits may be renewed at the sole discretion of the property owner. Any temporary vehicle occupancy permit issued under this section shall immediately terminate, and thereafter be null and void, upon expiration or revocation of the vehicle occupancy site permit.

(7) Compatible Use. Overnight sleeping pursuant to a temporary vehicle occupancy permit shall not be allowed in any instance where the city finds this activity incompatible with uses of adjacent properties or constitutes a nuisance or other otherwise threatens the public welfare.

(8) Minor Supervision. Close supervision of minor children shall be required at all times.

(9) Drug Use. No drugs (excepting those possessed and used in accord with a proper prescription) and no alcohol may be consumed or contained in or within 50 feet of any vehicle subject to a temporary vehicle occupancy permit.

(10) Firearms. No weapons or firearms of any kind may be contained in the vehicle (excepting those possessed in accord with state and federal law).

(11) Fires. No fires or open flame of any kind is allowed outside the vehicle. No cooking or food preparation shall be performed outside the vehicle.

(12) Utilities. No extension of electrical or water service shall be allowed from any structure to any vehicle.

(13) Noise. No person shall make any noise or sound using a radio or other amplification device, in association with the temporary vehicle occupancy permit, that is specified in Chapters 11.94 and 11.96 PGMC. Amplified music or other sounds shall not be played if audible outside the vehicle.

(14) Pets. Pets on premises shall be kept on a leash at all times. Animal waste shall be picked up immediately and disposed of properly. Vehicle occupants shall keep barking dogs in their vehicles. Any dog or other animal demonstrating aggressive behavior shall be immediately removed from the premises.

(15) Parking Location. During overnight use, each vehicle shall be sited on the premises not less than 50 feet away from any real property used for residential purposes.

(16) Property. No person shall use, store, or place outside the vehicle any items of personal property owned or used by the temporary vehicle occupant, unless stored within a preexisting authorized structure on site.

(17) Commercial Use. No vehicle shall be used for any office, retail or any other commercial purpose.

(18) Urination and/or Defecation. Urination and/or defecation outside of authorized restroom facilities is prohibited.

(19) Camping. Camping tarps are prohibited.

(20) Each vehicle and occupant participating in the safe sleeping pilot program pursuant to a temporary vehicle occupancy permit shall also comply with administrative rules adopted and promulgated by the city manager for orderly implementation of this section.

(g) Permit Revocation. The safe sleeping program site permit may be revoked by the city manager, chief of police, or designee in accord with this section. Any property owner who receives a safe sleeping program site permit to allow persons to sleep in a parked vehicle on that property shall immediately surrender that permit upon request of the city manager, chief of police, or designee. Occupants sleeping in a parked vehicle, and the vehicle, shall immediately leave the property after the safe sleeping program site permit is revoked.

(1) Revocation Due to Violation of Law or Permit. The city manager, chief of police, or designee shall revoke any temporary vehicle occupancy permit upon finding any occupant of that vehicle has violated any provision of law or ordinance, including noncompliance with any term, condition, restriction and/or requirement of the temporary vehicle occupancy permit or safe sleeping program.

(2) Revocation Due to Inadequate Site Monitoring. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit and/or any safe sleeping program site permit upon finding the on-site monitor fails to fulfill any requirement required by this section.

(3) Revocation Due to Failure to Enforce Rules. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit and/or safe sleeping program site permit upon finding the property owner has failed to provide or has withdrawn any term, condition or assurance required by this section, or given in connection with the application for a safe sleeping program site permit.

(4) Revocation Due to Withdrawal of Permission. The city manager, chief of police, or their designee shall revoke any temporary vehicle occupancy permit upon finding the property owner withdraws permission to use the premises for the purposes of this safe sleeping pilot program.

(5) No Notice Required. Any temporary vehicle occupancy permit or safe sleeping program site permit may be summarily revoked pursuant to this section. Advance notice shall not be required.

(6) Duty upon Revocation of Permit. Any person who for any reason lacks permission or a valid temporary vehicle occupancy permit to remain on property as provided in this section shall vacate and leave the property immediately upon being informed that permission was rescinded or the permit was revoked.

(h) Enforcement. The city manager or designee shall enforce this section, and may impose administrative civil penalties on property owners or temporary vehicle occupants who fail to comply with requirements of this chapter, as provided in Chapter 1.19 PGMC.

(i) No Duty Imposed on Property Owner to Allow Parking. Neither this section nor the grant of any permit pursuant to this section shall be construed to impose a duty on any property owner who chooses to allow temporary overnight sleeping in a vehicle, as authorized by this section, to continue to allow such use of the premises. The property owner may elect to revoke permission to use the premises for temporary overnight sleeping purposes, at any time, with or without cause.

(j) Duty on Property Owner Imposed to Comply with Program Terms. This section shall impose a duty on any property owner who receives a safe sleeping program site permit or who allows temporary overnight sleeping in a vehicle to cooperate in the enforcement of this section and of each term, condition or assurance required by or given in connection with the application for a safe sleeping program site permit. Within 24 hours of receiving any request for corrective action, the property owner shall assist the on-site monitor to use his/her best efforts to remedy the circumstance.

(k) Hold Harmless and Nonresponsibility. Nothing in this section creates any duty on the part of the city to ensure protection of persons or property relating to the grant of any safe sleeping program site permit or use of any temporary vehicle occupancy permit. Nothing in this section or this code creates any liability on the part of the city or its agents relating to the grant, denial or revocation of any safe sleeping program site permit or temporary vehicle occupancy permit. [Ord. 16-008 § 3, 2016].