[Ord. No. 1242-16 § 1.]
The streets and public areas within the City should be readily
accessible and available to residents and the public at large. The
use of these areas for camping purposes or storage of personal property
interferes with the rights of others to use the areas for which they
were intended. Such activity can constitute a public health and safety
hazard which adversely impacts neighborhoods and commercial areas.
Camping on private property without the consent of the owner, proper
sanitary measures and for other than a minimal duration adversely
affects private property rights as well as public health, safety,
and welfare of the City. The purpose of this article is to maintain
streets, parks and other public and private areas within the City
in a clean, sanitary and accessible condition and to adequately protect
the health, safety and public welfare of the community, while recognizing
that, subject to reasonable conditions, camping and camp facilities
associated with special events can be beneficial to the cultural and
educational climate in the City. Nothing in this article is intended
to interfere with otherwise lawful and ordinary uses of public or
private property.
[Ord. No. 1242-16 § 1.]
Unless the particular provisions or the context otherwise requires,
the definitions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this article.
(a)
CAMP — To place, pitch or occupy camp facilities; to live temporarily
in a camp facility or outdoors; to use camp paraphernalia.
(b)
CAMP FACILITIES — Include, but are not limited to, tents, huts,
vehicles, vehicle camping outfits or temporary shelter.
(c)
CAMP PARAPHERNALIA — Includes, but is not limited to, bedrolls,
tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities
and similar equipment.
(d)
CITY MANAGER — The City Manager or designee.
(e)
ESTABLISH — Setting up or moving equipment, supplies or materials
on to public or private property to "camp" or operate camp facilities.
(f)
MAINTAIN — Keeping or permitting equipment, supplies or materials
to remain on public or private property in order to camp or operate
camp facilities.
(g)
OPERATE — Participating or assisting in establishing or maintaining
a camp or camp facility.
(i)
PRIVATE PROPERTY — All private property including, but not
limited to, streets, sidewalk, alleys, and improved or unimproved
land.
(j)
PUBLIC PROPERTY — All public property including, but not limited
to, streets, sidewalks, alleys, improved or unimproved land and parks.
(k)
STORE — To put aside or accumulate for use when needed, to
put for safekeeping, to place or leave in a location.
[Ord. No. 1242-16 § 1.]
It is unlawful and a public nuisance for any person to camp,
occupy camp facilities, or use camp paraphernalia in the following
areas:
(a)
Any public property; or
(b)
Any private property.
(1)
It is not intended by this section to prohibit overnight camping
on private residential property by friends or family of the property
owner, so long as the owner consents and the overnight camping is
limited to not more than five consecutive nights.
(2)
Nothing in this article is intended to prohibit or make unlawful,
activities of an owner of private property or other lawful user of
private property that are normally associated with and incidental
to the lawful and authorized use of private property for residential
or other purposes; and provided further, nothing is intended to prohibit
or make unlawful, activities of a property owner or other lawful user
if such activities are expressly authorized by the City's comprehensive
zoning ordinance or other laws, ordinances and regulations.
(3)
The City Manager may issue a temporary permit to allow camping
on public or private property in connection with a special event.
A violation of this section is a misdemeanor. In addition to
the remedies set forth in Penal Code Section 370, the City Attorney
may institute civil or administrative actions to abate a public nuisance
under this article.
[Ord. No. 1242-16 § 1.]
It is unlawful and a public nuisance for any person to store
personal property, including camp paraphernalia, in the following
areas, except as otherwise provided by resolution of the City Council:
(a)
Any public property; or
(b)
Any private property without the written consent of the owner.
A violation of this section is a misdemeanor. In addition to
the remedies set forth in Penal Code Section 370 the City Attorney
may institute civil or administrative actions to abate a public nuisance
under this article.
[Ord. No. 1242-16 § 1.]
The City Manager may, in his or her discretion, issue a permit
to establish, maintain and operate a camp or a camp facility in connection
with a special event. A special event is intended to include, but
not be limited to, programs operated by the City departments, youth
or school events, marathons or other sporting events and scouting
activities. The City Manager may consult with various City departments,
the health officer and the public prior to issuing any temporary permit.
Each department or person consulted may provide comments regarding
any health, safety or public welfare concerns and provide recommendations
pertaining to the issuance, denial or conditioning of the permit.
A reasonable fee, to be set by the City Council shall be paid, in
advance, by the applicant. The fee shall be returned if the application
is denied. In exercising his or her discretion to issue a temporary
permit, the City Manager may consider any facts or evidence bearing
on the sanitary, health, safety and welfare conditions on or surrounding
the area or tract of land upon which the proposed temporary camp or
camp facility is to be located.
Any person who establishes, maintains or operates a camp or
camp facility without a permit is guilty of a misdemeanor and constitutes
a public nuisance. In addition to remedies provided in Penal Code
Section 370 the City Attorney may institute civil or administrative
actions to abate a public nuisance under this article.
[Ord. No. 1242-16 § 1.]
It is unlawful for any person to establish, maintain, conduct
or carry on any camp or camp facility unless there shall be at all
times posted in a conspicuous place upon the area or tract of land
upon which the camp or camp facility is located a permit obtained
from the City Manager where a special event camp permit is required.
[Ord. No. 1242-16 § 1.]
The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of § 19-160 of this article, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
[Ord. No. 1242-16 § 1.]
Neither the adoption of the ordinance codified in this article
nor the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provision applicable
to any violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance, and all rights and obligations thereunder
appertaining shall continue in full force and effect.
