Chapter 10.30
HUMAN HABITATION OF VEHICLES

Sections:

10.30.010    Purpose.

10.30.020    Definitions.

10.30.030    Use of vehicles for human habitation prohibited on public property.

10.30.040    Use of vehicles for human habitation prohibited on private property – Exception.

10.30.050    Penalty.

10.30.010 Purpose.

This chapter is enacted for the purpose of addressing issues of blight, crime, security, disorder and health and sanitation, including the disposal of noxious and harmful matter on city streets and parking areas open to the public. These conditions are principally caused by ongoing, repeated habitation of motor homes, recreational vehicles and other vehicles modified or used for human habitation, as defined in RCMC 10.30.020, without authorized connection to utility services, periodically resulting in the creation of an encampment-like situation. These conditions occur primarily in private commercial parking areas and on public streets within the city, but can also occur in other areas of the city including, but not limited to, private residential lots. [Ord. 13-2004 § 1].

10.30.020 Definitions.

For purposes of this chapter, the following definitions will apply:

“Camper” means a structure designed to be mounted upon a motor vehicle and to provide facilities for human habitation or camping purposes. “Camper” shall include those campers defined as slide-in campers or truck campers under the California Health and Safety Code.

“House car” means a motor vehicle originally designed or permanently or temporarily altered and equipped for human habitation, or to which a camper has been permanently or temporarily attached.

“Human habitation” shall mean the use of a vehicle for dwelling. Evidence of human habitation shall include 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 a person or persons is 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 shall per se constitute “human habitation” for purposes of this chapter.

“Recreational vehicle” shall mean a motor home, travel trailer, trailer coach, truck camper, camping trailer or park trailer, as those vehicles are defined in Sections 18010 and 18009.3 of the California Health and Safety Code or other applicable sections of the California Health and Safety Code or California Vehicle Code, and which are designed for human habitation for recreational, emergency, or other occupancy.

“Vehicle” shall mean any device by which any person or property may be propelled, moved, or drawn upon a highway including, but not limited to, a recreational vehicle or house car. [Ord. 13-2004 § 1].

10.30.030 Use of vehicles for human habitation prohibited on public property.

It is unlawful for any person or persons to use a vehicle for human habitation on or in any public street, right-of-way, alleyway, parking area or any other public property, except in a designated public campground, recreational park, or licensed mobile home park. [Ord. 13-2004 § 1].

10.30.040 Use of vehicles for human habitation prohibited on private property – Exception.

A. It is unlawful for any person or persons to use a vehicle for human habitation on any private property within the city limits of Rancho Cordova except for a lawfully operated mobile home trailer park, or other licensed private camping facility.

B. Notwithstanding subsection (A) of this section, a person shall not be prohibited from occupying, for sleeping purposes only, a recreational vehicle or house car on private residential property within the city limits provided all of the following criteria are satisfied:

1. The person is a bona fide guest of a resident of the city;

2. The person has the written consent of the resident; and

3. The location and use of the recreational vehicle or house car for sleeping purposes is not otherwise in violation of the Rancho Cordova zoning code or other applicable law.

The use of a recreational vehicle or house car under authority of this subsection (B) shall be limited to no more than five days and/or nights, either consecutive or nonconsecutive, within any 90-day period. [Ord. 13-2004 § 1].

10.30.050 Penalty.

A. A violation of this chapter shall be deemed an infraction for a first violation; second and subsequent violations of the same section within a 12-month period may be prosecuted as an infraction or misdemeanor.

B. Any person convicted of an infraction for violating this chapter may be punished by:

1. A fine of not more than $100.00 for a first violation;

2. A fine of not more than $200.00 for a second violation of the same section within a 12-month period;

3. A fine of not more than $500.00 for a third (or subsequent) violation of the same section by the same person within a 12-month period.

C. Any person convicted of a misdemeanor for violating this chapter may be punished by a fine of not more than $1,000 or by imprisonment in jail for a period of not more than six months or by both fine and imprisonment. [Ord. 13-2004 § 1].