Saratoga News Saratoga considers getting tough on sleeping in autos New ordinance up for discussion at October meeting By Michelle Alaimo Sleeping in vehicles in Saratoga, for any reason other than being a bona fide guest of a city resident, may soon become illegal. The Public Safety Commission is slated to discuss the proposed ordinance at its October meeting. "Sleeping or living out of a vehicle promotes blight, and constitutes an attractive nuisance promoting health and sanitation violations and public safety issues," the city's community service officer Rebecca Spoulos wrote earlier this month in a report to the City Council. Until a few years ago, there wasn't a need for the ordinance Spoulos said. She said she has noticed an increased number of complaints from residents and the Santa Clara County Sheriff's Department Westside Substation about people sleeping in their vehicles. While she adds that most of those sleeping in their cars aren't transients, the word is getting out that Saratoga has no law against it, and it's beginning to attract more transients. "These aren't hardened criminals," Spoulos said. She thinks the reason the city is seeing more transients sleeping in their vehicles is because surrounding cities, including Cupertino and San Jose, have laws prohibiting it. Saratoga currently has an ordinance that states vehicles on public property must be moved every three days and that vehicles on private property must be moved every five days. The ordinance says nothing about sleeping in vehicles. The sheriff's office reported to Spoulos that in June, three people were homesteading on a regular basis in the Argonaut Shopping Center, and there was basically nothing deputies could do about it other than making sure the vehicles were moved every five days. Capt. Robert Wilson added that the center owners would have to tell the Sheriff's Department that the homesteaders were trespassing. Spoulos said that owners would need to post "no overnight parking" signs before the homesteaders could be cited for anything. The proposed ordinance, drafted by City Attorney Michael Riback, reads: "No vehicle, including any boat, bus, trailer, motor home, van, camper (whether or not attached to a pickup or other vehicle), camp trailer, automobile, truck, pickup, airplane, haul trailer, truck trailer, utility trailer, or any device by which any person or property may be propelled, moved or drawn, shall be used for living or sleeping quarters." The proposed ordinance's one exception is the trailers, campers or recreational vehicles. These can be used by a guest of a resident for up to 72 hours when the vehicle, camper or trailer is on the resident's property. Spoulos said the Public Safety Commission is faced with the task of coming up with any questions or problems with the ordinance, such as how to determine who is a bona fide guest. Once the commission is finished fine-tuning the draft, it will be sent back to the City Council for a public hearing and then a second hearing before any action is taken, Spoulos said. [ Back to Contents Page | Saratoga News Home Page | Archives ] This article appeared in the Saratoga News, August 26, 1998. ©1998 Metro Publishing, Inc. All rights reserved.