Westminster City Council
SUBJECT
Title
First Reading of an Ordinance Amending Chapter 12.28 (Camping and Storage of Personal Property) of the Westminster Municipal Code.
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From: Scott Porter, City Attorney
Darin Lenyi, Police Chief
Requested by: Vice Mayor Carlos Manzo, District 2
Prepared by*: Scott Porter, City Attorney
*Staff reports prepared by staff on behalf of members of the City Council do not reflect the opinions of staff and are generated in collaboration with the requesting council member(s).
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RECOMMENDED ACTION
Recommendation
Consider and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING CHAPTER 12.28 (CAMPING AND STORAGE OF PERSONAL PROPERTY) OF THE WESTMINSTER MUNICIPAL CODE TO ESTABLISH REGULATIONS ON UNLAWFUL CAMPING AND PROHIBITING THE USE OF PUBLIC RIGHTS-OF-WAY AND FACILITIES FOR STORAGE OF PERSONAL ITEMS OR AS A PLACE TO SIT, SLEEP OR LIE DOWN,” read by title only and waive further reading.
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BACKGROUND
Existing Chapter 12.28 of the Municipal Code, entitled, “Camping and Storage of Personal Property” was last amended in 1992. Unless an exception applies, it makes it a misdemeanor to camp, occupy camp facilities, or use camp paraphernalia in the street, or any public parking lot or public area. It also prohibits the storage of personal property in any park, street, public parking lot or public area.
The proposed ordinance would substantially increase the specificity of the ordinance. This should assist both the public and law enforcement in understanding exactly what activities is prohibited.
The proposed ordinance strengthens existing regulations by explicitly prohibiting unauthorized camping, sitting, lying or sleeping in public spaces as well as personal property storage in public rights-of-way including sidewalks, medians and landscaped areas. The accumulation of personal belongings in these areas has created hazardous conditions that impede pedestrian movement, created safety risks and contribute to sanitation concerns. Additionally, the ordinance establishes clear prohibitions against blocking building entrances, transit stops and essential services such as fire hydrants. These measures would uphold public health, safety and accessibility, while also providing a legally sound enforcement mechanism.
Staff reviewed policies implemented in neighboring jurisdictions with similar regulations enacted to maintain public order. The ordinance ensures compliance with the Americans with Disabilities Act (ADA) by safeguarding unobstructed pedestrian pathways, particularly in high-traffic areas.
FISCAL IMPACT
There is no fiscal impact.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
The City Council may, after first reading, approve the introduction of the ordinance. At a subsequent meeting, after a second reading, the City Council could then vote to adopt the ordinance to become effective thirty days thereafter.
ATTACHMENTS
1. Proposed Ordinance
2. Existing Municipal Code Chapter 12.28
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager