New camping ordinance approved by South Lake Tahoe City Council

SOUTH LAKE TAHOE, Calif. - On the heels of a Ninth Circuit Court of Appeals’ recent decision that stated cities cannot criminalize sleeping on public property where there is no alternative shelter space available, the City Council Tuesday updated South Lake Tahoe's camping code.

Prior to Tuesday, the City Code prohibited camping on all public property, except in areas specifically designated for camping, but that was not enforceable since there is no permanent shelter in South Lake Tahoe at this time, just seasonal.

Amendments to the City Code approved unanimously on April 16 prohibit camping in the most sensitive areas to ensure compliance with federal law and enforceability of City regulations.

With their approval Tuesday the adjustment to the code comes back to council for a second reading and formal approval on May 7 and the new ordinance become effective 30 days later and effective on June 6, prior to the bulk of the summer season.

Camping rules:

Private property. It is unlawful for any person to camp, or to place, erect, or maintain any structure for the purposes of camping, or to use a vehicle for camping, on private property without evidence of the consent of the property owner. Subject to the exemptions below, camping on private property shall be permitted only in a residential plan area, and only for periods of not more than 14 consecutive days where there exist sanitary sewers, running water, and cooking facilities inside a permanent building which is lawfully established and available to such person.

Public space. It is unlawful for any person to place, erect, or maintain any permanent structure for the purposes of camping in any public space. No person shall place, erect, or maintain any temporary structure in any public space for the purpose of camping during daylight hours. Additionally, it shall be unlawful for any person to camp, or to place, erect, or maintain any structure for the purposes of camping, in the following public spaces:

a. Parks
b. Within any public street, right-of-way, or sidewalk within any residential plan
area or within the Tourist Core Area.
c. Within 100 feet of any public transportation stop.
d. Within 100 feet of any permanent campground.
e. Within or below 100 feet above the ordinary high water mark of any lake,
waterway, river, stream, pond, or reservoir

The 56-acre area of South Lake Tahoe which includes the Library, Senior Center, Museum and Tahoe Art League are off-limits for camping unless inside the city run campground.

Camping is allowed in any permanent campground for organized camping, a travel trailer park, a recreational vehicle park, or other area designed and lawfully permitted for such activities.

A. Illegal Camping. No person shall camp in any park, except in areas specifically designated for such use. For the purposes of this section, “camp” shall mean residing in or using a park for living accommodation purposes, such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or unattended storing of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, and cookware), and regularly cooking meals, and includes the conduct of the above activities in a parked vehicle, whether or not the engine is running.
B. Maximum Length of Stay. No person shall establish residency within, or otherwise occupy, any designated campsite for a period of longer than 14 continuous days, or remain in any campground after being directed to leave by authorized personnel.
C. Appearance of Campsite. No person shall leave a campsite without first having disposed of and/or removed all trash and refuse.
D. Use of Campground for Purposes Other Than Recreation. No person shall use any area within the campground for purposes other than recreational camping activities or casual visitation to persons utilizing the campground for recreational camping.

The code does not address where one can camp, just where they cannot. Common homeless camp areas behind Motel 6 and Meeks are on private property so the City does not have jurisdiction unless the property owner doesn't give the campers permission. Then those sleeping in the area can be removed due to trespassing laws.

If people find a place to camp within the new code they must follow health laws. If there is trash and human waste environmental regulations come into play and the campers can be removed.