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Ordinance No. 2023-07 | Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accomodations | Adopted 06/19/2023ORDINANCE NO. 2023-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY ADDING CHAPTER 5 TO THE GILROY CITY CODE RELATING TO BANNING THE USE OF CERTAIN PUBLIC RIGHTS-OF-WAY AS SLEEPING OR LIVING ACCOMMODATIONS WHEREAS, the City Council of the City of Gilroy ("City") has considered the report from City staff and all public comment(s), if any, on the need to enact an ordinance in accordance with prohibiting the use of public rights-of-way as sleeping or living accommodations; and WHEREAS, the City finds that it has a legitimate and compelling interest in protecting the public health, welfare and safety of its residents, as well as preserving the same within the City, its parks and other public property; and WHEREAS, the City must appropriately consider various interests and formulate policy to best protect public health, safety, welfare, property, and the environment, with limited resources; and WHEREAS, the City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness; and WHEREAS, the City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In Gilroy, this has typically meant sheltering, sometimes for extended periods of time, on City rights-of-way and City property, and at times on other agencies’ property; and WHEREAS, public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for public rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, and public access points; and WHEREAS, the safety and protection of the most vulnerable population in Gilroy, children, is of paramount concern to the City Council; and WHEREAS, the City Council has heard reports from residents of negative interactions between those using public rights-of-way as sleeping and living accommodations and children travelling on paths towards, and locations near, schools and parks; and Ordinance No. 2023-07 Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | June 19, 2023 Page 2 of 6 WHEREAS, the City has also been made aware of instances where encampment locations near bridges in creeks have resulted in damaging activities that if had been left unaddressed could have resulted in eventual infrastructure failure that would negatively impact public safety; and WHEREAS, the City Council recognizes the difficult challenge of balancing the needs of the residents and public at large to access clean and sanitary public areas, as well as the assurance of safe travel with the needs of individuals who have no alternatives for living accommodations and the storage of their personal property, but also balancing those needs with the concerns of residents that using such property as living and sleep accommodations and storing personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects those who use public areas. WHEREAS, the City has determined that an ordinance is necessary to protect the public health, welfare and safety of residents of the City, by enacting regulatory restrictions on using public rights-of-way for sleeping or living accommodations at designated locations; and WHEREAS , the City will maintain a map showing the portions of the City impacted by this ordinance, included and attached as Attachment A to this resolution; and WHEREAS, the area affected by this ordinance accounts for 24.4% of the total area of the City, leaving a large majority of the City’s total area, 75.6% in total, unaffected by this ordinance; and WHEREAS, the City now desires to proceed with the process of enacting this ordinance for the purpose of protection of the public health, welfare and safety of its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION II Chapter 5 of the Gilroy City Code shall be added to read as follows: Chapter 5 Ban on the use of certain areas of public rights-of-way as sleeping or living accommodations Ordinance No. 2023-07 Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | June 19, 2023 Page 3 of 6 5.1 Definitions The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter, and shall not apply to any other Chapter of the Gilroy City Code. (a) "City Employee" means any full or part-time employee of the City of Gilroy. (b) “Personal Property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents and medication. (c) “Public right-of-way” means all property that is owned, managed, or maintained by the City, or where the City possesses a property interest allowing public use of such property (such as a right-of-way interest), and shall include, but not be limited to, any public street, space, ground, building or structure. (d) “Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel. (e) “Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel or parking, and includes every highway, avenue, lane, alley, court, place, square, sidewalk, parking lot, parkway, curbs, bikeway or other public way in this City which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. (f) “Tent” means a collapsible shelter made of fabric or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. 5.2 Prohibition of using public rights-of-way as sleeping or living accommodations. (a) Parks and playgrounds No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging: 1. Within five hundred (500) feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. (b) Other public rights-of-way Ordinance No. 2023-07 Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | June 19, 2023 Page 4 of 6 No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right -of-way in the following locations: 1. In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time; 2. Within five hundred (500) feet of any school or daycare facility. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. 3. Within one hundred (100) feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and over-passes. 4. Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock. 5. Within five (5) feet of any fire hydrant, fire plug, or other fire department connection. 6. In a manner that obstructs or unreasonably interfe res with the use of the right-of-way for any activity for which the City has issued a permit. 7. In a manner that obstructs any portion of any street or other public right -of-way open to use by motor vehicles, including any portion thereof marked as a bike lane. 8. City creeks and creek embankments within Gilroy City Limits. 5.3 Penalties A violation of this section involving a person who willfully resists, delays, or obstructs a City employee from enforcing this section or who willfully refuses to comply after being requested to do so by a City employee shall be punishable as a misdemeanor. All other violations of this section shall be enforceable only as infractions pursuant to Gilroy City Code Section 1.7 or by issuance of an administrative citation purs uant to Gilroy City Code Section 6A.13. SECTION III If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional . SECTION IV This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is hereby Ordinance No. 2023-07 Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | June 19, 2023 Page 5 of 6 directed to publish this Ordinance or a summary thereof pursuant to Government Code Section 36933. PASSED AND ADOPTED this 19th day of June 2023 by the following roll call vote: AYES: COUNCIL MEMBERS: BRACCO, CLINE, MARQUES, TOVAR, BLANKLEY NOES: COUNCIL MEMBERS: ARMENDARIZ ABSTAIN: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: HILTON APPROVED: Marie Blankley, Mayor ATTEST: _______________________ Thai Nam Pham, City Clerk Marie Blankley (Jun 20, 2023 10:19 PDT) Marie Blankley Ordinance No. 2023-07 Banning the Use of Certain Public Rights-Of-Way as Sleeping or Living Accommodations City Council Regular Meeting | June 19, 2023 Page 6 of 6 ATTACHMENT A Map of Affected Areas within the City Limits of Gilroy CERTIFICATE OF THE CLERK I, THAI NAM PHAM, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2023-07 is an original ordinance, or true and correct copy of a city Ordinance, duly adopted by the Council of the City of Gilroy at a Regular Meeting of said held on Council held Monday, June 19, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, June 19, 2023. ____________________________________ Thai Nam Pham, CMC, CPMC City Clerk of the City of Gilroy (Seal)