(a) 
The public streets and 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 and/or for storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain the public streets and public areas in blight-free conditions, to secure access to public areas and to businesses, and to ensure that public property is used for its intended purposes and remains accessible to all citizens, businesses and visitors in the City of Costa Mesa.
(b) 
Large amounts of personal property are being left unattended in public areas throughout the city, and such personal property creates blight, obstructs the public rights-of-way, interferes with access to public areas and to businesses, and thus negatively affects quality of life in the city, and negatively affects the profitable operation of such businesses.
(Ord. No. 13-2, § 3, 4-2-13)
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 section.
Abandoned personal property
means personal property that the owner surrenders, relinquishes, or disclaims. Indicia of abandoned personal property shall include, but not be limited to: personal property that its owner has indicated he/she does not want; and personal property left on private real property for any period of time without the permission of the real property owner or current tenant.
Alley
shall have the same meaning as section 110 of the California Vehicle Code.
Camp
means to pitch or occupy camp facilities, to use any property set forth in section 11-304 for living accommodation or habitation purposes such as sleeping activities, or making preparations to sleep, including the laying down of bedding for purposes of sleeping, or to use or store camp paraphernalia for purposes of living accommodation or habitation purposes.
Camp facilities
include, but are not limited to, tents, huts or temporary shelters.
Camp paraphernalia
includes, but is not limited to, tarpaulins, umbrellas, cots, beds, bedding, sleeping bags, hammocks, non-city designated cooking facilities, kitchen utensils, camping stoves, portable barbeques and similar equipment, extra clothing, personal hygiene items, and/or shopping carts, strollers, wheeled suitcases or similar mobile containers used to transport and/or store other items of camp paraphernalia.
Chief of police
means the chief of police of the City of Costa Mesa, or designee.
City clerk
means the city clerk of the City of Costa Mesa, or designee.
City manager
shall have the same meaning as section 2-97 of this Code, and shall include designee.
Park
shall have the same meaning as section 12-1 of this Code.
Personal property
means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as furniture, cooking utensils, money and books.
For the purposes of this chapter, personal property shall not include real property, vehicles, bicycles, or animals.
Police department
means the Costa Mesa police department.
Public area
shall have the same meaning as section 1-21.1 of this Code.
Public services director
means the public services director of the City of Costa Mesa, or designee.
Real property
means land and anything growing on, attached to, or erected on it, excluding anything that may be severed without injury to the land. Real property includes land, buildings and easements.
Storage of personal property in public areas
means accumulating or putting aside personal property, placing it for safekeeping, or leaving it in public areas; or personal property that is left unattended in any public area lacking a guard, escort, caretaker, or other watcher.
Street
shall have the same meaning as section 591 of the California Vehicle Code.
Unclaimed personal property
means personal property that has been turned in to the chief of police pursuant to section 11-306, and that has not been claimed within a period of 90 days by its true owner or finder.
(Ord. No. 13-2, § 3, 4-2-13; Ord. No. 19-11, § 4, 4-2-19; Ord. No. 19-10, § 3, 4-16-19)
(a) 
It is unlawful for any person to camp and/or occupy camp facilities in the following areas, except as otherwise designated by the parks and recreation commission, and as permitted by the administrative services director:
(1) 
Any street or alley;
(2) 
Any public parking lot or public area, improved or unimproved;
(3) 
Any park.
(b) 
Violations of this section shall be punishable pursuant to section 1-33 of this Code.
(Ord. No. 13-02, § 3, 4-2-13; Ord. No. 19-11, § 4, 4-2-19; Ord. No. 19-10, § 3, 4-16-19)
(a) 
It is unlawful for any person to store personal property in any public area, except as otherwise approved in writing by the public services director. Personal property stored in public areas in violation of this section shall be impounded pursuant to sections 11-308 through 11-328 of this chapter.
(b) 
Any bicycles stored in public areas shall be subject to the provisions of Chapter III of Title 4 of this Code.
(c) 
Any personal property left in any city park at the time the park is closed to the public, whether or not the personal property is unattended, shall be immediately impounded, pursuant to the provisions of sections 11-308 through 11-328 of this chapter.
(d) 
Violations of this section may be punishable pursuant to the provisions of section 1-33 of this Code.
(Ord. No. 13-2, § 3, 4-2-13)
The chief of police shall make provisions for receiving and safekeeping of personal property found unattended and coming into his or her possession. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The police department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the personal property and where it may be claimed. The police department may require the owner to pay a reasonable charge to defray the costs of storage and care of the personal property.
(Ord. No. 13-2, § 3, 4-2-13)
(a) 
In the event that the personal property is found in the course of employment by an employee of the city, the employee shall leave a notice in a prominent place for any personal property taken, including advising where the personal property is being kept and when it may be claimed by its rightful owner.
(b) 
The city shall determine what, if any, areas of the city suffer from blight due to storage of personal property in public places, parks, or streets and alleys, and erect signs in those areas so as to provide additional notice.
(Ord. No. 13-2, § 3, 4-2-13)
Found personal property shall be deposited in a safe place for a period of at least 90 days, and found money shall be deposited with the director of finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property, subject to disposal as provided in this chapter.
(Ord. No. 13-2, § 3, 4-2-13)
During the time that any found personal property is held by the city, it may be delivered or paid to the true owner as follows:
(a) 
The personal property shall be delivered upon proof of ownership satisfactory to the chief of police after 10 days' notice by mail to any others who have asserted a claim of ownership, at any address given by such persons.
(b) 
If the personal property consists of money, it shall be paid to the true owner upon written order from the chief of police to the director of finance. The chief of police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of property.
(c) 
If ownership cannot be determined to the satisfaction of the chief of police, he or she may refuse to deliver the personal property or order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.
(Ord. No. 13-2, § 3, 4-2-13)
(a) 
If the reported value of the personal property is $250 or more, and the true owner does not appear and prove his or her ownership of the personal property within 90 days, the chief of police shall cause notice of the personal property to be published once in a newspaper of general circulation, currently the Orange Coast Daily Pilot. If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the personal property, and the person who found or saved the personal property pays for the cost of publication of the notice, the title shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, wherein the personal property shall be sold at auction as provided in section 11-316 below.
(b) 
In the event the reported value of the personal property is less than $250 and no owner appears to prove his or her ownership of the personal property within 90 days, the title shall vest in the person who found or saved the personal property, unless the personal property was found in the course of employment by an employee of the city, in which case the personal property shall be sold at public auction as provided in section 11-316 below.
(Ord. No. 13-2, § 3, 4-2-13)
(a) 
Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the true owner or finder may be appropriated to the use of the City of Costa Mesa upon order of the city manager on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be sold at public auction to the highest bidder.
(b) 
All unclaimed money received by the chief of police, and not delivered to the true owner or the finder during the ninety-day period, shall thereafter be deposited in the general fund.
(c) 
Notice of the sale at auction of unclaimed personal property shall be given by the city clerk at the direction of the chief of police at least five days before the time fixed therefor by publication at least once in a newspaper of general circulation.
(Ord. No. 13-2, § 3, 4-2-13)
Any personal property advertised and offered for sale but not sold and not suitable for appropriation to the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the city manager deems appropriate.
(Ord. No. 13-2, § 3, 4-2-13)
Any personal property coming into the possession of the chief of police may be disposed of immediately and without notice, in a manner that the chief of police determines to be in the public interest, when such personal property is perishable, contraband pursuant to state or federal law, evidence in a criminal investigation, or constitutes an immediate threat to the public health or safety.
(Ord. No. 13-2, § 3, 4-2-13)
(a) 
The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.
(b) 
The provisions of this chapter shall apply to personal property or money held as evidence only where the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition.
(c) 
The provisions of this chapter shall not apply to personal property that has been abandoned by its owner. Abandoned personal property shall be disposed of forthwith.
(Ord. No. 13-2, § 3, 4-2-13)