Morro Bay Municipal Code Ch. 8.27 Regulation of Overnight Human Habitation of Vehicles on Private Property…

A. The use of various types of vehicles for human habitation overnight on private property used for businesses or non-profit organizations impacts public health and safety as this activity tends to result in damage to private property, theft, public safety risks, the accumulation of trash, food waste, human waste and contaminated medical waste and the unauthorized discharge of greywater and hazardous water.

B. It is the purpose and intent of the city council to regulate and provide standards for the human habitation of vehicles overnight on private properties used for business and nonprofit operations so as to be as compatible as possible with the needs of everyone in Morro Bay to be healthy and safe.

(Ord. No. 666, § 2, 1-9-24)

The following words and phrases, when used in this chapter, shall have the meaning ascribed to them by this section unless it is apparent from the context that another meaning is intended.

"Business" means any business that is required to obtain a current and valid business tax certificate under Chapter 5.04 of the Morro Bay Municipal Code.

"Greywater" means untreated wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines and the like. It does not include any toilet discharge, unhealthy bodily wastes, or manufacturing wastes.

"Hazardous water" means sewage, toilet discharge, unhealthy bodily wastes, manufacturing wastes and the like.

"Human habitation" means, considering all the circumstances, that a person is using a vehicle for: sleeping; bathing; preparing or cooking meals; or, possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear, food, water, personal grooming items, or containers of feces or urine. Evidence of human habitation includes observations, considering all the circumstances, of any of the above, as well as that: a person has obscured some or all of the windows; there is litter, rubbish, or waste in or around the vehicle; there is furniture set up in or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or, there is evidence of human urination or defecation around the vehicle.

"Nonprofit organization" means an organization that qualifies for tax-exempt status by the IRS because its mission and purpose are to further a social cause and provide a public benefit, regardless of whether or not the organization has secured such tax-exempt status.

"Overnight" means at any time during the hours of ten p.m. and six a.m. the following day.

"Vehicle" means a "motor vehicle" as defined by California Vehicle Code, Section 415 and includes a "recreational vehicle" as defined by California Health and Safety Code, Section 18010(a).

(Ord. No. 666, § 2, 1-9-24)

A. Prohibition. Notwithstanding any other provision of this code, overnight human habitation is prohibited in vehicles parked on private property owned or leased by a business or a nonprofit organization.

B. Exception. A total of three vehicles per parcel, may be used by persons who lack access to permanent or safe shelter and who cannot obtain other housing, for overnight human habitation in a parking lot or paved or gravel surface of a parcel of any size owned or leased by a business or nonprofit organization, with the permission of the property owner or lessee, after the owner or lessee is issued a city permit by the community development department, and the owner or lessee complies with the requirements of subsection C.

C. Requirements. A property owner or lessee who allows overnight human habitation in vehicles on private property pursuant to this section shall:

1. Provide persons occupying such vehicles with access to sanitary facilities, including but not limited to toilet, hand washing and trash disposal facilities at all times people are authorized to be present overnight.

2. Not require payment of any fee, rent or other monetary charge for the activity authorized by this chapter.

3. Restrict this use of owner's or lessee's property to one period consisting of no more than three overnight stays, once every ten days, per vehicle.

4. Not allow the discharge or dumping of wastewater, greywater, hazardous water, or trash on the property unless sufficient city approved receptacles or hook ups are available.

5. Not allow for the storage of personal property beyond six feet immediately adjacent to the vehicle.

6. Not allow on-site storage of personal property when the personal property owner is no longer staying on the private property being used.

D. Revocation. A property owner or lessee who permits overnight human habitation in vehicles on private property pursuant to this chapter may revoke that permission at any time and for any reason. Any person who has permission for human habitation in a vehicle on that property as provided in this chapter shall leave the property with their vehicle and personal property immediately after permission has been revoked.

E. Existing Land Uses. The provisions of this chapter are not intended to limit or otherwise change any land uses that may be permitted on real property under the Morro Bay Municipal Code.

(Ord. No. 666, § 2, 1-9-24)

A. Violations of this chapter are deemed a public nuisance, and may be abated as such. Each day a violation continues is deemed a new violation.

B. Violations of this chapter may be punishable as infractions or misdemeanors, pursuant to Chapter 1.16 of this code.

C. Violations of this chapter may be punishable thorough administrative fines, in accordance with Chapter 1.03 of this code, as may be set by city council resolution.

D. Methods of enforcement for violations of this chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate.

(Ord. No. 666, § 2, 1-9-24)

The city manager, or designee, is specifically authorized to modify or suspend enforcement of any section or part of this chapter in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the city manager's authority, regardless of whether an emergency has been declared. In addition, the city manager may suspend the enforcement of any of the regulations in this chapter when the city manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person's disability, or as further set forth in city's administrative policies implementing this chapter adopted by the city manager, or designee, pursuant to Section 8.27.060.

(Ord. No. 666, § 2, 1-9-24)

The city manager, or designee, may adopt administrative rules or policies governing or guiding enforcement of this chapter, consistent with the intent of this chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this chapter, or for other reasons that may support discretion in enforcement.

(Ord. No. 666, § 2, 1-9-24)