ORD 623 Chapter 11.46 Unauthorized CampingORDINANCE NO. 623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.46 TO
TITLE 11 OF THE LA QUINTA MUNICIPAL CODE
RELATED TO REGULATING UNAUTHORIZED CAMPING
WITHIN THE CITY
WHEREAS, the State of California has been experiencing a homelessness crisis;
and
WHEREAS, the number of unsheltered homeless individuals in the past has been
and remains unacceptably high in the Coachella Valley Region of Riverside County,
which includes the City of La Quinta ("City"); and
WHEREAS, while some persons experiencing homelessness take steps to protect
and preserve their own wellbeing and the wellbeing of other persons by seeking
temporary indoor shelter or other available assistance, other persons experiencing
homelessness do not take such steps, may prefer to remain without shelter, and at times
hinder or negatively impact the wellbeing of other persons in the City and greater
Coachella Valley Region; and
WHEREAS, recognizing that states and local agencies may need to enact and
enforce reasonable regulations to address certain instances relating to individuals
experiencing homelessness, the United States Supreme Court recently ruled that
municipal ordinances do not constitute cruel and unusual punishment when applied to
individuals experiencing homelessness, even if homelessness may be involuntary (City
of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520); and
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City,
as a charter city, has broad discretionary power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs; and
WHEREAS, the La Quinta Municipal Code (LQMC) currently prohibits, in any
public park or recreation area of the City, camping or lodging at any time, or otherwise
remaining overnight, whether or not in a structure permanently affixed to the ground,
except at a place especially designated and provided for such purpose (LQMC,
Section 11.44.060(H)); and
WHEREAS, the City has a substantial interest in updating and ensuring all areas
in the City are subject to reasonable regulations that balance the availability and usage
by all persons of public and private property open to the public, with the ability for law
enforcement and other authorized officials to prohibit unreasonable extended use of such
property for camping or other unintended usage by any persons, including persons who
may be homeless or experiencing homelessness; and
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 2 of 9
WHEREAS, the City has the obligation to preserve and protect the public peace,
health, safety, and general welfare; and
WHEREAS, the City desires to maintain streets, sidewalks, bridges, underpasses,
flood washes and river/flood-beds, bike and golf paths and other rights -of -way, and all
developed and undeveloped areas of the city in a clean, safe, and accessible condition
for residents, businesses, and the public at large, while also discouraging and preventing
the secondary impacts of vagrancy, which can include crime, visual blight, unsanitary
conditions, disease, and interference with economic activity or economic development;
and
WHEREAS, the City prohibits the consumption and possession of alcoholic
beverages on any public street, sidewalk, highway, road, lane, alley, parking lot, or any
other publicly owned property that is open to the public. This includes all park and
recreational areas within the city limits. Specifically, no person shall consume or possess
any alcoholic beverage, as defined by Business and Professions Code Section 23004,
on such premises (LQMC, Section 11.08.005); and
WHEREAS, by enacting this Ordinance, the City Council for the City expressly
confirms its intent to provide law enforcement personnel with the necessary and
appropriate enforcement tools to address public safety concerns and public nuisance
conditions, while accommodating in a reasonable manner and consistent with federal law
the circumstances of necessity for individuals experiencing homelessness; and
WHEREAS, this Ordinance is necessary to provide the City and all law
enforcement personnel, including the Riverside County Sheriff's Department and City
Code Enforcement Office, the legal authority to better protect the public and promote the
public safety, health, and welfare; and
WHEREAS, all other legal prerequisites to the adoption of the Ordinance have
occurred.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows..
SECTION 1. ADOPTION: Chapter 11.46 is hereby approved and adopted by the
City Council and shall be added to Title 11 of the La Quinta Municipal Code as written in
Exhibit A attached hereto and incorporated herein by this reference.
SECTION 2. RECITALS: The Recitals set forth above are incorporated herein and
made an operative part of this Ordinance.
SECTION 3. CEQA: The City Council finds that adoption of this Ordinance is
exempt from the California Environmental Quality Act, Public Resources Code Section
21000 et seq. ("CEQA") and implementing regulations, California Code of Regulations,
Title 14, Section 15000 et seq. ("CEQA Guidelines"), as it is not a "Project" as defined by
CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 3 of 9
15378(a), a "Project" means the whole of an action, which has a potential for resulting in
either a direct physical change in the environment or a reasonably foreseeable indirecl
physical change in the environment. The requested action is to amend the La Quinta
Municipal Code to confirm and prevent public nuisances and potential civil and criminal
offenses, and therefore is exempt from CEQA under the "common sense" exemption
(CEQA Guidelines, § 15061(b)(3)), as it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.
The requested action is further exempt under CEQA Guidelines Section 15060(c)(2), as
it will not result in a direct or reasonably foreseeable indirect physical change in the
environment.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution
of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the permanent record of Ordinances of the City of La Quinta.
SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior
to the publication in the La Quinta Municipal Code.
SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence,
clause, phrase, 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 and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 3rd day of June 2025, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
Ordinance No 623
Adding Chapter 11 46 to the La Quetta Municipal Code Related to Regulating Unauthorized Camping
Adopted June 3, 2025
Page 4 of 9
LIN A EVANS, Mayor
City of La Quinta, California
ATTEST:
-44q
MONIKA R DE City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 5 of 9
CHAPTER 11.46 UNAUTHORIZED CAMPING
11.46.010 Purpose.
EXHIBIT A
The purpose of this chapter is to preserve and protect the public peace, health and safety,
and general welfare of the city, its residents, and businesses. This Chapter establishes
reasonable regulations related to unauthorized camping within the city while preserving
the rights of individuals to use public property to exercise their First Amendment and other
rights pursuant to the United States and California Constitutions.
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 while
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 interference with economic activity or economic
development.
11.46.020 Definitions.
For the purposes of this chapter, the following meanings shall apply,
A. "Camp" means to take up as a person's living quarters, whether temporary or
permanent, and may include pitching, sleeping in, cooking in, or occupying camp
facilities or using camp paraphernalia for the purpose of taking up a temporary or
permanent place for human habitation. For the purposes of this Chapter, "camp"
shall not include the use of any facilities or equipment which are used solely in a
place especially designated for camping, used in connection with a special event
conducted in accordance with a permit issued by the city, or used as expressly
authorized under other provisions of this code.
B. "Camp facilities" include but are not limited to tents, huts, temporary shelters,
trailers, and any other vehicle being used for human habitation. For the purposes
of this Chapter, "camp facilities" shall not include a recreational vehicle (RV) that
is temporarily stored or temporarily used for habitation, or both, in strict compliance
with Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may
be amended from time to time) of this code.
C. "Camp paraphernalia" includes but is not limited to collapsible shelters, cots, beds,
sleeping bags, bed rolls, hammocks, or cooking equipment, including but not
limited to barbeques, open fires, and portable stoves that are not approved by the
city.
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 6 of 9
D. "Public property" means any publicly owned property in the city, improved or
unimproved, whether owned or leased by the City or other federal, state, or local
public agency, including but not limited to any of the following: public buildings;
parking lots; public passageways; public streets, sidewalks, alleyways, bridges,
underpasses, flood washes and river/flood-beds, bike and golf paths or any other
public rights -of -way; publicly owned, maintained, or operated parks; publicly
owned, maintained, or operated landscaped areas or greenbelts; publicly owned,
maintained, or operated open spaces, including but not limited to those adjacent
to City Hall or other public facilities or buildings of any kind; publicly owned,
maintained, or operated recreation areas, golf courses, and related facilities; public
retention basins, curbs, gutters, and other water -treatment or water -handling
improvements or facilities; public educational institutions; or any other government
owned, leased, maintained, or operated properties located within the city.
E. "Store" means to put aside or accumulate for use when needed, to put for
safekeeping, or to place or leave in a location.
11.46.030 Prohibited Acts.
A. No person shall camp or occupy camp facilities or use camp paraphernalia on
or in any of the following areas within the city, except as otherwise provided in
this chapter or mandated by applicable federal or state law:
1. Any public property;
2. Any private street or right-of-way, including but not limited to privately
owned or privately leased sidewalks and 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;
4. In, on, under, or adjacent to any structure not intended for human
occupancy, including but not limited to any bridge or tunnel or similar
infrastructure improvement, whether publicly or privately owned, and
whether such structure is with or without camp paraphernalia; and
5. In, on, under, or adjacent to a parked vehicle on any public or private
property, including but not limited to an automobile, bus, truck, camper,
trailer, or recreational vehicle.
B. No person shall urinate or defecate on public or private property in an area
exposed to public view, or on any public property except when in a public
restroom or in a restroom inside public property for such purpose.
C. No person shall make or kindle an open fire on public or private property
accessible to the public except in an appropriate containment device provided
or approved for that purpose by the City Fire Marshal and Building Official.
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 7 of 9
D. No person shall extendedly remain, stay, or loiter on public property or private
property accessible to the public between the hours of 10:00 p.m. and dawn of
the following day without either a duly issued applicable permit from the city for
any public property or the express permission of the owner of the private
property accessible to the public.
E. No person shall consume or possess any alcoholic beverage on any public
property, or upon privately owned property, that would be in violation of Section
11.08.005 (or successor provisions, as may be amended from time to time) of
this code.
11.46.040 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 expressly
permitted by the city:
1. On any public property;
2. On any parking lot, yard, building setback, vacant land, open space, or
any other area open or accessible to the public, improved or
unimproved, whether on public property or private property.
11.46.050 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, special
event permit, or other applicable permit, has been approved and issued by the
city pursuant to applicable provisions of this code.
C. This chapter shall not apply to events that allow camping sponsored or
conducted by the city.
D. This chapter shall not apply to the temporary storage or temporary use for
habitation, or both, of a recreational vehicle (RV) in strict compliance with
Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may
be amended from time to time) of this code; however, this chapter may apply if
any RV is stored or used for habitation in excess of the allowable temporary
period for such storage or use. Furthermore, this chapter may apply if a vehicle,
including any RV, is parked or stored upon any street or alley in violation of
Section 12. 28.040 (or successor provisions, as may be amended from time to
time) of this code.
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 8 of 9
11.46.060 Enforcement.
A. Any person violating any provision of this chapter may be subject to a civil
action brought against the person by the city, may be subject to an
administrative citation pursuant to Chapter 1.09 (or successor provisions, as
may be amended from time to time), or may be charged with an infraction or
misdemeanor. Any person convicted of a misdemeanor for violation of this
chapter shall be subject to the penalties set forth in Section 1.01.230(A) (or
successor provisions, as may be amended from time to time) of this code. Any
person convicted of an infraction shall be subject to the penalties set forth in
Section 1.01.230(B) (or successor provisions, as may be amended from time
to time) 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
proscribed herein and shall not affect the enforceability of any other applicable
provisions of law. In explanation of the preceding sentence, nothing in this
chapter shall affect, limit, or prevent the enforcement of any applicable
provisions in Chapter 11.44, including Section 11.44.060(H) (or successor
provisions, as may be amended from time to time), of this code.
D. Any citation issued for a violation of this chapter may be dismissed upon review
by the city manager if, in the interest of justice, at the time of citation issuance,
all local homeless shelters were full to capacity, the person cited had no
reasonable or adequate alternative course of action, the person cited did not
engage in any conduct that was contrary to the lawful orders or instructions
from any law enforcement officer, and the person cited did not substantially
contribute to the circumstances necessitating camping as his or her only
reasonable course of action.
E. In addition to any and all rights and remedies available to the city, it shall be a
public nuisance for any person to commit, cause, or maintain a violation of this
chapter, which shall be subject to abatement by the city under the provisions
of Section 1.01.250 (or successor provisions, as may be amended from time to
time) and Section 11.72.050 (or successor provisions, as may be amended
from time to time), and any other proceedings or remedies available to the city
for public nuisances under state law, Chapter 11.72 of this code, or any other
applicable provisions of this code. A violation of this chapter is declared a public
nuisance and incorporated by reference into Section 11.72.030 (or successor
provisions, as may be amended from time to time) of this code.
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping
Adopted: June 3, 2025
Page 9 of 9
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 623 which was introduced
at a regular meeting on the 20th day of May 2025, and was adopted at a regular meeting
held on the 3rd day of June 2025, not being less than 5 days after the date of introduction
thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No.
2022-27.
)"k -
MONIKA RADEVA, Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on the 4th day of June 2025, pursuant to Council
Resolution.
MONIKA RADEVA, ity Clerk
City of La Quinta, California