HomeMy WebLinkAboutOrd. No. 2015-1342ORDINANCE NO. 2015 -1342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, AMENDING THE
LAKE ELSINORE MUNICIPAL CODE REGARDING
CAMPING ON PRIVATE RESIDENTIAL PROPERTY AND
CAMPING - RELATED LAND USES
WHEREAS, the City of Lake Elsinore ( "City ") is authorized by California
Constitution, Article XI, Section 7 to make and enforce within its limits all local, police,
sanitary and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City has been long known for its lake and other natural beauty,
which attracts visitors and residents alike who sometimes wish to enjoy the scenery by
camping;
WHEREAS, the City has designated traditional campgrounds and recreational
vehicle parks designed with proper amenities for use by visitors and residents and such
sites are regulated for the health, safety and general welfare of the public;
WHEREAS, the City Council recognizes the right of private residential property
owners to make personal use of their residential property for occasional camping for
personal use;
WHEREAS, the City Council finds necessary additional regulations for
commercial and non - personal use of private residential property for camping purposes
to better protect property, the natural beauty and integrity of the City, and the life, health
and general welfare of the public;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Subsection 17.148.140(C) of the Lake Elsinore Municipal Code is
hereby deleted
SECTION 2. Section 17.200.070 of the Lake Elsinore Municipal Code is hereby
deleted in its entirety.
SECTION 3. Chapter 8.70 is hereby added to the Lake Elsinore Municipal Code
to read as follows:
"CHAPTER 8.70 — Camping on Private Property
8.70.010 Definitions.
8.70.020 Camping,
8.70.030 Private Encroachment.
8.70.040 Operational Requirements.
8.70.050 Enforcement.
8.70.010 Definitions
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The definitions contained in this section shall govern the construction, meaning,
and application of words and phrases used in this Chapter.
"Camp" means to place, pitch, or occupy camp facilities, including recreational
vehicles; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia
for the purpose of temporary human habitation.
"Camp facilities" include, but are not limited to, tents, huts, vehicles, recreational
vehicles, vehicle camping outfits, or temporary shelter.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots,
beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
"Personal use" means the use of private residential property by the property
owner or by others with the property owner's permission and without the exchange of
any form of compensation or remuneration.
8.70.020 Camping.
A. Personal use of private residential property for camping may only be by the
property owner or by others with the owner's written consent and without any form of
compensation or remuneration.
B. Such use shall not exceed seven consecutive days in duration, except during
the period between Memorial Day and Labor Day when such use shall not exceed 14
consecutive days in duration.
C. Camping may not occur more than four times per calendar year.
D. A minimum of 14 days is required between each camping period.
E. Where compensation or remuneration of any type is exchanged for the use of
private residential property for camping, no camping shall occur on the property without
the owner first obtaining a conditional use permit from the City pursuant to Chapter
17.168 of this Code and any other applicable requirements of this Code.
8.70.030 Private Encroachment.
Notwithstanding section 8.70.020 of this Chapter, no person shall camp on or
otherwise enter private property without the written consent of the private property
owner.
8.70.040 Operational Requirements.
A. In addition to any other applicable requirements of the Lake Elsinore Municipal
Code, camping pursuant to this Chapter shall comply with all of the following operational
requirements pertaining to camping:
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1. Portable restrooms with toilet facilities must be provided and accessible
to campers on the private property and must comply with the California
Plumbing Code. Restrooms at City -owned beaches and parks do not
qualify for use by campers on private property.
2. Trash receptacles sufficient for the number of campers must be
provided.
3. The private property where camping occurs must be kept in a clean and
sanitary manner.
4. Trash and debris must be removed when camping ceases and must be
disposed of in trash receptacles.
5. Dumping of any trash or litter into the lake water shall not be permitted.
6. Any outdoor storage of camping paraphernalia shall be not be
permitted when not in use by campers.
7. Within the jurisdiction of the City, no permanent structures shall be
permitted in the flood plain, including but not limited to, fencing.
8. Any use or placement of electrical cords shall be above the flood plain,
if applicable.
9. All parking shall be on paved surfaces only and above the flood plain.
10. All uses pursuant to this Chapter shall comply with the noise
regulations contained in Lake Elsinore Municipal Code Chapter 17.176.
11. Campfires associated with camping shall be in compliance with the
requirements of this Code, adopted codes and State Law.
12. Docks, boats, and boat launching facilities and uses shall comply with
all applicable regulations.
B. Notwithstanding any other provision of this Chapter, camping shall not be
permitted where such use violates any provision of this Code, adopted codes or State
law.
8.70.050 Enforcement.
Any violation of this Chapter constitutes a misdemeanor and a public nuisance.
The City may enforce any violation of this Chapter by instituting a criminal, civil,
administrative, or other action to abate such nuisance. These remedies are intended to
be cumulative and may be used in conjunction with, or in lieu of, each other."
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SECTION 4. Severability. If any section, subsection, sentence, clause, phase,
or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivision,
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases or portions might
subsequently be declared invalid or unconstitutional.
SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter.3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Therefore, no environmental assessment is required or necessary.
SECTION 6. Effective Date. This Ordinance shall be posted or published as
required by law and shall take effect thirty (30) days after its adoption.
APPROVED AND INTRODUCED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on the 28th day/ of July 2015 and adopted at the
regular City Council meeting on the 11th day of P4ugfast 2015.
Mayor
ATTEST:
Diana iron, Ac ing City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Diana Gir6n, Acting City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2015 -1342 was introduced at the regular City Council
meeting of July 28, 2015, and adopted at the regular meeting of August 11, 2015,
by the following roll call vote:
AYES: Council Member Hickman, Mayor Pro Tern Tisdale, Council
Member Johnson, Council Member Magee, and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Dia a ir6n, Ac ing City Clerk