HomeMy WebLinkAboutORD 1445ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA AMENDING CHAPTER 9.26 OF THE PALM
DESERT MUNICIPAL CODE RELATING TO UNLAWFUL CAMPING,
MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
City Attorney’s Summary
The purpose of this ordinance is to amend Palm Desert Municipal Code
Chapter 9.26 to update the City’s regulations and enforcement provisions
concerning camping on public property and related revisions intended to
ensure consistency with applicable law, including the United States
Supreme Court decision in City of Grants Pass v. Johnson.
WHEREAS the City of Palm Desert is committed to protecting the public health,
safety, and welfare of its residents and maintaining safe and accessible public property;
and
WHEREAS Chapter 9.26 of the Palm Desert Municipal Code regulates unlawful
camping on public property; and
WHEREAS the City Council finds that Chapter 9.26 should be updated to clarify
the City’s regulations and enforcement provisions concerning camping on public property
and to ensure consistency with applicable law; and
WHEREAS on June 28, 2024, the United States Supreme Court decided City of
Grants Pass v. Johnson, holding that enforcement of generally applicable laws regulating
camping on public property does not constitute cruel and unusual punishment prohibited
by the Eighth Amendment, thereby overturning prior Ninth Circuit precedent that had
restricted enforcement authority in this area; and
WHEREAS the City Council desires to update Chapter 9.26 in light of that decision
and to provide clearer standards, procedures, and enforcement mechanisms relating to
unlawful camping on public property; and
WHEREAS the City Council finds that these amendments are in the public interest
and will promote the health, safety, and welfare of the community.
THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Amendment to Chapter 9.26. Chapter 9.26 of the Palm Desert Municipal
Code, entitled “Unlawful Camping,” is hereby amended in its entirety to read as set forth
in Attachment A, which is attached hereto and incorporated herein by this reference.
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SECTION 2. CEQA Exemption. The City Council finds that adoption of this ordinance is
exempt from review under the California Environmental Quality Act (“CEQA”) (Public
Resources Code section 21000 et seq.) and the CEQA Guidelines (California Code of
Regulations, title 14, section 15000 et seq.). This ordinance is not a “project” within the
meaning of CEQA Guidelines section 15378(b)(5) because it constitutes an
organizational or administrative activity of government that will not result in a direct or
reasonably foreseeable indirect physical change in the environment. In the alternative,
even if the ordinance were deemed a project, it is exempt under CEQA Guidelines section
15061(b)(3), the common-sense exemption, because it can be seen with certainty that
there is no possibility that adoption of the ordinance may have a significant effect on the
environment.
SECTION 3. Severability. 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 her eby
declares that it would have passed this ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4. Posting and Publication. The City Clerk of the City of Palm Desert,
California, is hereby directed to publish a summary of this Ordinance in the Desert Sun,
a newspaper of general circulation, published and circulated in the City of Palm Desert,
California, and shall be in full force and effective thirty (30) days after its adoption.
ADOPTED ON APRIL 23, 2026.
_____________________________
EVAN TRUBEE
MAYOR
ATTEST:
_____________________________
ANTHONY J. MEJIA
CITY CLERK
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I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1445 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on April 9, 2026, and adopted at a
regular meeting of the City Council held on April 23, 2026, by the following vote:
AYES: HARNIK, MORENO, NESTANDE, PRADETTO, AND TRUBEE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on __________________ .
_______________________________
ANTHONY J. MEJIA
CITY CLERK
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Attachment A
CHAPTER 9.26 – UNLAWFUL CAMPING
Section 9.26.000 – Findings and purpose.
The purpose of this chapter is to maintain public and private streets and developed and
undeveloped areas within the city in a clean, safe and accessible condition for residents and the
public at large; to promote and protect human sanitation and health wh ile preserving appropriate
recreational opportunities within the community; and to discourage or prevent the secondary
impacts of vagrancy such as crime, visual blight, poor sanitation, disease and discouragement of
desirable economic activity and economic development while accommodating circumstances of
necessity.
Section 9.26.010 – Definitions.
Unless the particular provisions or context requires otherwise, the definitions contained in this
section shall govern the construction, meaning, and application of words and phrases in this
chapter.
"Camp" means to pitch, sleep in or occupy camp facilities or to use camp paraphernalia for the
purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean the use
of any facilities or equipment which are used solely in connection with a special event or temporary
use conducted in accordance with a permit by the city under other provisions of this code.
"Camp facilities" include, but are not limited to, tents, huts, or temporary shelters, trailers, and
any other vehicle.
"Camp paraphernalia" includes, but is not limited to, collapsible shelters, cots, beds, sleeping
bags, bed rolls, hammocks or barbeques, open fires, portable stoves or other cooking equipment
not provided or approved by the city.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to
place or leave in a location.
Section 9.26.020 – Prohibited Acts.
A. It is unlawful for any person to camp in the following areas within the city, except as
otherwise provided:
1. Any public or private street or right-of-way, including sidewalks, bus stops and
public landscaping;
2. Any parking lot, yard, building setback, vacant land, open space or any other area
open or accessible to the public, improved or unimproved;
3. In, on, under, or adjacent to any structure located on public property or private
property open or accessible to the public that is not intended for human occupancy,
whether with or without bedding, including, but not limited to, a tent, hammock or
other similar protection or equipment; an d
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4. In, on, under, or adjacent to a parked vehicle located on public property or private
property open or accessible to the public, including, but not limited to, an
automobile, bus, truck, camper, trailer, or recreational vehicle.
B. It is unlawful for any person to urinate or defecate on public or private property in an area
exposed to public view or on any public street, sidewalk, alley, park, or any other public
place except in a public restroom.
Section 9.26.030 – Storage of personal property in public places.
A. It is unlawful for any person to store personal property, including camp facilities and camp
paraphernalia, in the following areas, except as otherwise provided:
1. Any park;
2. Any street or right-of-way, including sidewalks, bus stops, and public landscaping;
3. Any parking lot, yard, building setback, vacant land, open space or any other area
open or accessible to the public, improved or unimproved.
Section 9.26.040 – Exceptions.
A. This chapter shall not apply to camping in a public or commercial campground legally and
lawfully approved and permitted for that purpose and in compliance with all laws,
regulations, and conditions of approval for such a facility.
B. This chapter shall not apply to events for which a temporary use permit has been approved
by the city.
Section 9.26.050 – Enforcement.
A. It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter. In addition to other remedies provided by law, any person
violating any provision of the chapter for failing to comply with any of the requirements is
deemed guilty of an infraction in accordance with Chapter 1.12 of this code.
B. Each person shall be deemed guilty of a separate offense for each and every day, or any
portion thereof, during which any violation of or failure to comply with any of the provisions
of this chapter is committed, continued or permitted by such person, and each instance
shall be deemed punishable as provided in this chapter.
C. The provisions of this chapter shall not be construed as permitting conduct not prescribed
herein and shall not affect the enforceability of any other applicable provisions of law.
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