Overnight sleeping also a pre-summer target

As summer nears, San Diego’s beach cities will be the point of destination for many travelers — especially Ocean Beach. Though Ocean Beach lacks public campgrounds and paid overnight parking, the community continues to be a hot spot for oversize vehicles serving as a home away from home. But that attraction is also bringing with it stepped-up law enforcement of the codes, cracking down on the nuisances and abuses. With limited parking options, favorite places for oversize vehicle overnight parking are city-owned and/or operated parks and their adjacent parking lots, as well as residential streets around the immediate beach areas. Two of the heavily frequented streets are the 5100 block of Saratoga Avenue and on Abbott Street. Both streets corner Saratoga Park next to the beach and next to the main lifeguard tower parking lot. Beachfront properties with several units in that area recently sold for $4 million, according to Sunset Pacific Realty Group, which manages property in the 5100 block on Saratoga Avenue. Recently, some oversize vehicles have been parked in the area for several days and nights, raising concern for residents and homeowners. Among those oversize vehicles is a sky-blue, 30-foot former diesel school bus powered solely by vegetable oil and converted into a house-trailer. A 10-foot horse trailer is attached to the vehicle. The consensus of several residents and homeowners in the area seems to be that smaller vehicles are generally not a bother, but larger campers and RVs are viewed as much more problematic. Residents and homeowners complain of trash being raided, discarded cigarette butts littering the area, sidewalks and lawns being used as restrooms and, as one local put it, “24-hour activity, running cars, overwhelming exhaust fumes and the distinct smell of marijuana.” Another consensus is also clear. As some of the oversize vehicle owners seemingly flaunt their takeover of the streets, residents and homeowners alike wonder aloud if there is even a city ordinance against recreational vehicles in beach, park and residential areas. The answer, of course, is yes. Conversely, some travelers interviewed said they were baffled by the lack of options in Ocean Beach when it comes to paid parking for oversize vehicles overnight. Among them is Patrick Kensington of Newark, N.J. He and his wife, Doris, travel the country for eight months out of the year with their 4-year-old and 6-year-old daughters and the family dog in their “camp mobile.” The family is staying in Ocean Beach for the third time around. The Kensingtons said they enjoy the scenery, the nearby beach — particularly the area around Saratoga Park that offers barbeque stations and public restrooms/-showers at the lifeguard station. Doris Kensington said the park area offers a place where her daughters and the dog can play in the mornings. Patrick Kensington said he would prefer a more secure camp lot over street parking, however. “We’ve been trying to figure out why Ocean Beach doesn’t offer an overnight lot,” Patrick Kensington said. “I would gladly pay a reasonable amount to have more safety at night. Other cities offer night lots for $10 or $15 a night. That’s an affordable rate, I think. “But, by law, I am allowed to park on these streets for up to 72 hours before anybody can take action against me and make me move my vehicle,” he said. Interpretations of the ordinances, however, tend to put travelers and residents — and the police officers who enforce the code — at odds. According to the city’s Municipal Code (Chapter 8, Article 6, Division 0, paragraph 86.19.2), “No person shall park a vehicle for more than 72 hours on city-owned streets.” It is this point that seems to cause confusion for many people. Sgt. Jack Knish is the on-site supervisor for the Western Division’s Task Force Unit in Ocean Beach. He said this particular Municipal Code applies to vehicles owned by residents or companies on that street, not to vehicles used as temporary housing or as a residence. As a result, travelers and overnight sleepers don’t qualify as a resident or company vehicle owner on that public street, making them subject to immediate ticketing. “People need to understand the difference,” said Knish. “The 72-hour timeframe does not apply if someone lives in a vehicle and uses it as a residence. Living and sleeping in a vehicle falls under the code for illegal lodging and sleeping, and results in a citation or ticket.” Such citations are $52.50, including city fees. He refers to the Municipal Code (Chapter 8, Article 6, Division 0, paragraph 86.23 (f)), which says “it is unlawful to use a vehicle while it is parked or standing on any street as either temporary or permanent living quarters, abode or place of habitation either overnight or day by day.” Knish urged residents to report oversize vehicles parked on residential streets, especially when the vehicles appear to serve as housing. “We’re heavily addressing those code violations this summer before it gets out of hand,” Knish said. “MCs [Municipal Codes] will be strictly enforced.” He said officers look for typical signs of inhabited vehicles. “We look for trash by the vehicle, overflow tanks, installed A/C units and generators,” he said. “Pulled blinds usually are a typical indicator of people residing in the unit.” Another problem occurs at the parks and adjacent parking lots in Ocean Beach. The Municipal Code (Chapter 6, Article 3, Division 1, paragraph 63.0102 (12) prohibits camping, lodging and sleeping overnight on park premises. This also includes people on foot. The violation could draw a fine of $52.50. Knish explained the mission of the Task Force Team for Ocean Beach. “First of all, we’re here to help and find solutions,” he said. “Unfortunately, people [transients] make it look like we’re intentionally picking on the homeless. That is not the case. We don’t automatically arrest individuals just because they don’t have a permanent residence. “The standard procedure on a first encounter is for the officers to collect the individuals’ personal information and further to inform about the breach of code,” he said. “This is considered a first written warning, nothing more.” The Task Force Team also offers help on the spot, and can call for assistance from the department’s Homeless Outreach Team (H.O.T.) or access to local housing and rehabilitation facilities. “Our H.O.T unit can be called to the site in less than 20 minutes,” Knish said. “The second time we encounter the same individuals at the same spot or vicinity, we have to write a citation for violation of the city code. This is where people need to pay their fine or go to court if they so choose. “Unfortunately, people often ignore the initial warning and the citation,” he said. “Most likely, we run into them a third time at the same location. Then, we are obligated by law to arrest the individuals.” Knish said police would prefer to see people in that situation accepting help, rather than getting arrested and possibly having their vehicle impounded. “The drawback is, people don’t want to be helped,” he said. “They rather act as if they’re entitled to sleep on city property.” To learn more about city codes, visit www.sandiego.gov and go to the Municipal Code/City Clerk link. For problems with oversize vehicles or campers blocking residential streets, call the Western Division Mondays through Fridays from 8 a.m. to 5 p.m. at (619) 692-4800.