RANCHO SANTA MARGARITA – Anyone found sleeping in their vehicle on city property could face a fine of $1,000 or six months in jail.

The City Council in Wednesday voted 4-1 to pass an ordinance that the city’s Chief of Police Lt. Brian Schmutz said will give his deputies greater control in responding to ‘suspicious person in car’ calls.

Schmutz told the council in the last year his department has responded to 330 calls for such service. At least a couple dozen have been found to be “sleeping in cars” calls, he said. Others, he said, residents voiced concerned about people doing drugs in their vehicles or casing a neighborhood.

Schmutz said he asked the council to take a look at this law after doing an analysis of training needs and patrol schedule for his deputies.

“One tool used to enforce neighborhood safety would be this ordinance,” Schmutz said.

He also pointed to cities such as Lake Forest, Aliso Viejo, Mission Viejo Tustin, San Juan Capistrano, San Clemente Laguna Niguel, Costa Mesa and Irvine, who already have the law on their books. In some cases, the laws are more stringently enforced allowing no sleeping in cars at any time, he added.

Schmutz also cited an arrest of a man found sleeping in his car last year near a school zone. In this case, the man arrested for possession of a loaded firearm. During their investigation deputies also found police insignia and handcuffs. Later, the located the keys for the handcuffs in the man’s socks, Schmutz said.

The ordinance, which will go to a second reading on March 14 to allow for more public input, would prohibit anyone from sleeping in a car, trailer, camper or tent traveler parked on a city maintained street or alley between 11 p.m. and 7 a.m. It will not be enforced on private property. If passed then it will go into effect 30 days later.

Councilman Jesse Petrilla said he was not in favor of the law citing safety concerns such as a tired driver.

“When the 241 Toll Road is complete travelers may be passing through from as far away as San Diego,” he said. If they feel they may fall asleep, this could be dangerous. If someone is down on their luck, I believe the last thing they need is a $1,000 fine or six months in jail.”

“I believe in private property rights and limited government,” he said. “This goes a little bit farther than I feel comfortable with.”

The council discussed issues regarding a tired driver and homelessness as well as the possibility of an intoxicated driver.

Schmutz pointed out that homeless people could still sleep at other locations such as commercial centers, restaurants or camp grounds. He pointed out that someone sleeping in their car in a neighborhood would not be fair to residents and reminded the council there are no bathroom facilities in such a case. He also added that a sleeping person is vulnerable when sleeping in public.

As far as motorists sleeping off a hangover, Schmutz said a person can still be arrested for DUI if they are found behind the wheel with keys in their car, even if they’re asleep.

“Our City Council is committed to providing every possible tool to our police department to ensure the streets and neighborhoods of Rancho Santa Margarita always remain the safest in the state of California, Mayor Tony Beall said.

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