CITY OF LATHROP - ADOPTED ORDINANCE 25-466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ADD CHAPTER 9.06 ENTITLED "CAMPING OR SLEEPING IN MOTOR VEHICLES OVERNIGHT PROHIBITED" TO TITLE 9, "PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE WHEREAS, the City of Lathrop, like many other cities across California, has observed instances of individuals using motor vehicles for temporary shelter on public streets, in parking lots, and on private property without consent; and WHEREAS, the City recognizes that while housing insecurity may lead individuals to seek shelter in vehicles, overnight vehicle habitation has the potential to obstruct access to homes and businesses, contribute to sanitation and public health concerns, reduce visibility for drivers and pedestrians, and diminish the sense of safety and cohesion within neighborhoods; and WHEREAS, the City seeks to prevent public nuisances, support neighborhood integrity, and promote, safe, clean and welcoming environments for all residents and visitors by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas; and WHEREAS, the City of Lathrop City Council held a duly noticed public hearing at a regular meeting on May 12, 2025 to review and consider this Ordinance; and WHEREAS, proper notice of this public hearing was given in all respects as required by law; and WHEREAS, this proposed code amendment is exempt according to the California Environmental Quality Act (CEQA) Article 5 SS15061 by the "Common Sense Exemption" that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council has reviewed all written evidence and oral testimony presented regarding this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LATHROP DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 9.06 entitled "Camping or Sleeping in Motor Vehicles Overnight Prohibited" of Title 9 "Public Peace and Welfare" of the Lathrop Municipal Code, is hereby added as follows: Chapter 9.06 Camping or Sleeping in Motor Vehicles Overnight Prohibited SS 9.06.010 Purpose and Intent The purpose of this Ordinance is to safeguard public health, safety, and welfare by prohibiting the use or occupancy of motor vehicles for sleeping, camping, or habitation in unauthorized areas. By defining and regulating such activities on public and private property, the City of Lathrop seeks to prevent public nuisances, protect the integrity of neighborhoods, and ensure that streets, parks, and other public spaces remain clean, safe, and accessible for their intended use. SS 9.06.020 Definitions As used in this chapter: For the purposes of this Ordinance, the following definition shall apply: "Motor vehicle: means any automobile, truck, van, recreational vehicle (RV), or any other vehicle designed or used for the transportation of people or goods. "Public property" means all public property as defined in Section 12.04.020 of the Lathrop Municipal Code including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks. "Camping" means the use of a motor vehicle for living accommodations, including activities such as sleeping, cooking, or storing personal belongings in a manner consistent with temporary or permanent habitation. "Sleeping" means the act of lying down or reclining inside a motor vehicle for rest or sleep, regardless of the duration. SS 9.06.030 It is unlawful and a public nuisance for any person to use or occupy, or permit the use or occupancy of, any motor vehicle, recreational vehicle, camp trailer, camper, trailer coach, or similar vehicle for purposes of sleeping, camping, or habitation in the following areas: A. Any public property, including any public parking lot, between the hours of 10:00 p.m. and 7:00 a.m. the following day; or B. Any private residential property without the consent of the owner; or C. Any private non-residential property without the written consent of the owner. SS 9.06.040 Violation--Penalty Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction shall be punishable as provided in Section 1.16.010. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter. Section 2. Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date. This Ordinance shall take legal effect 30 days from and after the date of its passage. Section 5. Publication. Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy to be published in full accordance with Section 36933 of the California Government Code. THIS ORDINANCE was introduced at a regular meeting of the City Council of the City of Lathrop on the 12th day of May 2025, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the 9th day of June 2025, by the following vote, to wit: AYES: Diallo, Dresser, Lazard, Torres-O'Callaghan, and Akinjo NOES: None ABSENT: None ABSTAIN: None TERESA VARGAS - CITY CLERK OF THE CITY OF LATHROP Publication Date: 06/13/2025 MB#06-31