The following words shall have the following meanings, when used in this chapter:
"Camp facilities"
means tents, tent-like shelters, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities.
"Camping" or "to camp"
means the establishment, occupation, operation or maintenance of a camp site and/or the activity of living temporarily in the outdoors, on public or private property, either in the open air or using camp facilities and camp paraphernalia, including the erecting, placement, pitching, storing or using, as applicable, of camp facilities or camp paraphernalia for such purposes.
"Camp paraphernalia"
means bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, or similar equipment when placed on public or private property for the purpose of camping or when used to camp. Camp paraphernalia also includes other personal effects and property, when used or stored with camp paraphernalia as described herein.
"Camp site"
means the physical area on public or private property occupied by camp facilities and/or at which camp paraphernalia is stored or used for purposes of camping.
"Establish"
means setting up or moving camp facilities, camp paraphernalia or other equipment, supplies or materials onto public or private property to camp or make ready to camp.
"Floodway"
means the area designated as "floodway" on the Flood Boundary Floodway Map issued by the Federal Emergency Management Authority ("FEMA") for the City of Point Arena, regardless of ownership, and any other area within 150 feet of the top of the bank of any creek, stream, river, pond, lake, other body of water, or drainage facility, excepting street gutters and curbs), whether naturally occurring or manmade, the purpose of which is to channel water to any creek, stream, river, pond, lake or other body of water.
"Maintain"
means keeping, storing, staging, or permitting camp facilities, camp paraphernalia or other equipment, supplies or materials to remain on public or private property to camp or make ready to camp.
"Motor vehicles"
means a self-propelled car, truck, van, or other motorized vehicle that can carry two or more persons within an enclosed or enclosable portion thereof.
"Occupy"
means to be physically present and/or reside at a camp site.
"Operate"
means participating or assisting in establishing or maintaining a camp or camp facility. "Overnight" means between the hours of 10:00 p.m. and 6:00 a.m.
"Permanent"
means when used in reference to a camp site, camp facilities, camp paraphernalia, or other equipment, supplies or materials: any camp facility, camp paraphernalia or other equipment, supplies or materials that cannot be broken down, packed up, and removed from a camp site as readily as a tent or tent-like structure, as commonly used for temporary recreational camping.
"Private property"
means real property that is not public property, including, but not limited to, streets, sidewalks, roads, and improved or unimproved land.
"Public park"
means any real property owned or leased or otherwise controlled by the city of Point Arena and which may legally be used for public recreation purposes, including camping. The term "park" is interchangeably used herein with the term "city park."
"Public property"
means all real property owned, controlled, or managed by the city of Point Arena, including, but not limited to, improved or unimproved land, roads, streets, sidewalks, and alleyways. "Public property" shall also include property owned by the state of California to the extent the State has provided its express or implied consent to the city's exercise of jurisdiction or has failed to regulate the use of its property.
"Recreational or motor vehicles used as camp facilities"
means recreational or motor vehicles when placed on public or private property to camp.
"Recreational vehicle"
means as defined in California Health and Safety Code Sections 18009.3 and 18010.
"Sidewalk"
means any area of public property adjacent to a street, or within a parking lot, whether improved or unimproved, and commonly intended or designed for pedestrian use, or other non-vehicular activity.
"Store"
means to put aside, accumulate, stage, position for immediate or future use, to put for safekeeping, to place or leave in a location.
"Street"
means a street, alley, way, road, roadway, highway, right-of-way, or place of whatever nature, publicly or privately maintained for purposes of vehicular travel.
(Ord. 240 § 1, 2021.)
(1) 
Except as provided in this section, it is unlawful and a public nuisance for any person to camp, or to establish, maintain, operate or occupy a camp site or camp facilities, including a recreational vehicle or motor vehicle used as camp facilities, or store or use camp paraphernalia in or upon the following areas, at any time:
(a) 
Any public park;
(b) 
Any sidewalk;
(c) 
Any street or road except for recreational or motor vehicles used as camp facilities that are legally parked and do not remain parked longer that the posted time limit, if any, or 12 hours, whichever is less;
(d) 
Any other public property not specifically mentioned in this section;
(e) 
Any floodway;
(f) 
Any private property, except where expressly permitted in this chapter;
(g) 
Any beach contiguous to the Pacific Ocean.
(2) 
The prohibitions on camping do not apply to:
(a) 
Camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, that the camping is allowed under the city's municipal code, that it is not in a floodway, and the camping does not otherwise create a public or private nuisance;
(b) 
Mobile home parks and special occupancy parks, licensed campgrounds, recreational vehicle parks, governmentally controlled campgrounds or city parks for which camping is specifically an authorized public use, or other locations where camping is specifically allowed under state law;
(c) 
Camping on public or private property in connection with a special event, when authorized pursuant to any applicable city ordinance;
(d) 
Recreational or motor vehicles, used as camp facilities that are legally parked occupying a space equal to the dimensions of the vehicle, and do not remain parked longer than the posted time limit, if any, or 12 hours, whichever is less, but not overnight. The city, by resolution, may designate a specific area for recreational or motor vehicles used as camp facilities to park.
(3) 
The establishment, maintenance, operation, or occupation of a camp or camp facilities, or storage or use of camp paraphernalia, outside a vehicle is prohibited.
(Ord. 240 § 1, 2021.)
(1) 
The involuntary sitting, lying or sleeping of a homeless person with no reasonable access to alternative shelter within the county shall not be deemed to be a violation of this provision, so long as:
(a) 
The person does not establish, maintain, operate or occupy a camp facility between the hours of 6:00 a.m. and 10:00 p.m.; and
(b) 
The person does not establish, maintain, operate or occupy a camp site or camp facilities, or use camp paraphernalia within an area larger than 64 square feet per person; and
(c) 
The activities of the person do not preclude the ordinary and/or customary use of any sidewalk or other public property.
(2) 
It is prima facie evidence that a person has reasonable access to an alternative shelter when:
(a) 
The person is informed of a location of a homeless shelter or safe camping or safe parking facility, currently in operation within the county that provides reasonable accommodations for the person; and
(b) 
Such shelter is actually available to the person; and
(c) 
Such shelter is reasonably accessible from the person's current location; and
(d) 
The shelter does not require the person to engage in religious services objectionable to that person; and
(e) 
The person voluntarily refuses to utilize or sleep in such shelter.
(Ord. 240 § 1, 2021.)
The city manager or designee may issue a permit pursuant to this section authorizing camping on public or private property for a special event, provided he or she can find that the event will not cause a public or private nuisance, when conducted in accordance with reasonable conditions intended to avoid nuisance impact. "Special event," as used herein, means an event sponsored by the city or a nonprofit or community-based organization of not more than 72 hours duration which is conducted for the purpose of promoting sports, education or other charitable activities.
(1) 
The city manager or designee shall require a written application from the sponsoring organization for camping in connection with the special event. No such application shall be required for a city-sponsored event. The application shall contain such information as the city manager determines necessary in order to ensure compliance with this section.
(2) 
The sponsoring organization must agree in writing to abide by any reasonable conditions imposed in connection with the issuance of a permit, which shall include, at minimum:
(a) 
Special event insurance with coverage and policy limits determined to be adequate by the city in consultation with its liability insurer; and
(b) 
An agreement to indemnify and defend the city against any claims arising out of the event; and
(c) 
Provision for adequate sanitation and trash collection facilities; and
(d) 
Measures to control noise and other conditions which could disturb the peace and quiet of neighboring properties.
(3) 
Any failure to comply with a condition imposed on a sponsoring organization shall be considered a violation of this chapter, shall entitle the city manager to deny a future application by such organization and shall be subject to any other remedies authorized by this code or other provisions of law.
(Ord. 240 § 1, 2021.)
(1) 
The city of Point Arena contracts with the Mendocino County's sheriff's office for law enforcement within the city limits. It also utilizes code enforcement services. Either party shall enforce this chapter in a non-arbitrary and nondiscriminatory manner, without the violation of an individual's constitutional rights to due process and to be free from unreasonable search or seizure.
(2) 
The city council shall adopt by resolution procedures for removing personal property from an area used for camping in violation of this chapter and provide an opportunity and procedure for any person to claim property removed by the city from the site used for camping in violation of this chapter.
(3) 
If personal service on the individual found to be in violation of this chapter is not possible, service of the citation will be valid and proper if the notice of citation is firmly affixed to a conspicuous object in the camp site, or to a vehicle or structure.
(Ord. 240 § 1, 2021.)
A first offense of any violation of this chapter shall be deemed an infraction and punished as prescribed in Government Code Section 25132. Any second or subsequent violations of this chapter shall be a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the City Jail for not more than six months, or both. Every day any violation of this chapter continues shall constitute a separate offense. The section is not the exclusive remedy for violations of this chapter. This chapter may be enforced by any other legally available remedy.
(Ord. 240 § 1, 2021.)
The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this chapter.
(Ord. 240 § 1, 2021.)