O-008-11 - Urgency - Camping and Storage of Personal Prop on Public Prop

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1 2 3 4 5 VA 11 14 H 21 WHEREAS, the City has been made aware of the possibility that one or more groups of individuals may be planning to camp and/or store personal property on its public property for the purpose of exercising their first amendment and other constitutional rights; WHEREAS, a growing number of cities in California have been experiencing the recent "Occupy Wall Street" movement, which began in September in New York City. Most recently the City of Riverside enforced its anti -camping ordinance against members of the "Occupy Inland Empire" movement who had been living in tents for three weeks outside Riverside City Hall. Riverside had received numerous complaints from members of the public regarding sanitation problems, noise, disorderly behavior and violence caused by the demonstrators camping outside City Hall; WHEREAS, in addition to the Riverside "Occupy" movement, staff is aware that Redlands, Fontana and Victorville also have active "Occupy" movement groups, and the media has recently reported that other local "Occupy" movement groups may be forming in Colton, Ontario and San Bernardino; WHEREAS, the Police Department has expressed concerns over recent reports of violence associated with the "Occupy" movement groups, especially when the affected cities have taken action against group members for violating state laws and local ordinances after the camps have been established. WHEREAS, staff is understandably concerned that serious public peace, health, safety and general welfare issues could occur if the "Occupy" movement or any similar group were to stage the same types of demonstrations on public property in the City, including at City Hall. WHEREAS, the City recognizes that there is a need to allow all persons to exercise their first amendment and other constitutional rights, while at the same time there is a need for the City to adopt measures to regulate the use of public property in a manner that will not punish the homeless but will immediately preserve the public peace, health and safety; WHEREAS, California Government Code Section 36937(b) authorizes the City Council to adopt by a four-fifths vote, without following the procedures otherwise required for the adoption of an ordinance, an urgency ordinance which is necessary for the immediate protection of the public safety, health and welfare; and WHEREAS, the City has determined that an urgency ordinance is necessary to amend the CMC to adopt measures to regulate the use of public property, including camping and storage of personal property on public property, in a manner that will immediately preserve the public peace, health and safety. THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 23152.06304\7025567.3