The public areas within the city, including streets, sidewalks,
parks, public building and public land, should be readily accessible
and available to residents and the public at large for use in a safe
and healthy manner. The use of these areas for overnight camping purposes
and the use of those areas for the purposes of certain well defined
types of loitering interferes with the ability of residents and the
public at large to use the areas in the healthy and safe manner for
the uses intended. Such camping and defined loitering activity and
their attendant negative effects constitute a significant public health
and safety hazard, which adversely impacts other members of the public
and neighborhoods, as well as industrial, agricultural, and commercial
areas. The city's streets, sidewalks, parking lots, parks and other
public areas are intended for daytime use by the general public, not
for storage of personal, stolen, or abandoned property, or for overnight
occupancy. Detrimental impacts from illegal storage, dumping, or camping
in these public areas which are not designed for such storage or human
habitation include lack of proper water and sanitary facilities, safety
hazards for visitors and the inhabitants of substandard temporary
structures, presence of trash and debris, criminal activities including
illegal drug use, and other conditions which are inconsistent with
the intended use and enjoyment of these areas by the general public.
Moreover, the proliferation of lost, abandoned, or stolen shopping
carts and other personal property around the city results in the obstruction
of free access to sidewalks, streets, parking lots, and other ways;
interferes with pedestrian and vehicular traffic on public and private
streets; and impedes emergency services. A purpose of this chapter
is to maintain public and private lands, streets, sidewalks, alleys,
ways, creeks, waterways, parks, playgrounds, recreation areas, plazas,
open spaces, lots, parcels and other public and private areas within
the city, in a clean, sanitary and accessible condition. A further
purpose of this chapter is to protect the health, safety and welfare
of the community, while recognizing that, subject to reasonable conditions,
camping and camping facilities associated with certain events can
be beneficial to the cultural and educational well-being of the city.
Nothing in this chapter is intended to interfere with otherwise lawful
and ordinary uses of public or private property.
(Ord. 17-12 § 2)
As used in this chapter, the following terms shall have the
following meanings:
mean retail stores, food markets, theaters, restaurants,
drive-in restaurants, gasoline service stations, bars, hotels, motels,
or any other establishment which is open to and provides the public
with any goods or services.
means to place, pitch or occupy camp facilities; to live
temporarily in a camp facility or outdoors; to use camp paraphernalia.
mean all temporary shelters, including, but not limited to,
tents, huts, yurts, vehicles, vehicle camping outfits or temporary
shelters.
means items including, but not limited to, bedrolls, air
mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar
equipment.
means the community development director or designee.
means more than one of the following activities and when
it reasonably appears, in light of all the circumstances, that a person
is using a vehicle as a place of residence or accommodation: (1) Possessing
inside or on a vehicle items that are not associated with ordinary
vehicle use, such as a sleeping bag, tarps, bedroll, blanket, sheet,
pillow, kitchen utensils, cookware, cooking equipment, containers
of bodily fluids; or (2) obscuring some or all of the vehicle's windows;
or preparing or cooking meals inside or on a vehicle; or sleeping
inside a vehicle.
means to set up or move equipment, supplies or materials
on to public or private property to camp or operate camp facilities.
means to keep or permit equipment, supplies or materials
to remain on public or private property in order to camp or operate
camp facilities.
means to participate or assist in establishing or maintaining
a camp or camp facility.
means a citation issued pursuant to Section 9.02.030 of this
chapter that is not paid or that is under appeal.
means all private property including, but not limited to,
streets, sidewalks, alleys, and improved or unimproved land.
means any real or personal property owned or controlled by
the city and includes, but is not limited to, any publicly-owned park,
building, street, sidewalk, way, path, alley, park, parking lot or
other public property owned or controlled by the city and located
within the city of Temecula and such other publicly owned property
for which the city is authorized by contract or permit to maintain.
means all streets, avenues, highways, lanes, alleys, ways,
crossings or intersections, co-routes and cul-de-sacs.
(Ord. 17-12 § 2)
It is unlawful and a public nuisance for any person to camp,
establish, maintain, operate or occupy camping facilities, or use
camp paraphernalia in the following areas:
A.
Any
public property, improved or unimproved, including, but not limited
to, public streets and sidewalks, open space, and other property or
any private property, improved or unimproved.
(Ord. 17-12 § 2)
A.
The
city manager may promulgate regulations to establish a program pursuant
to which a permit may be issued to establish, maintain and operate
a camp or a camp facility, for overnight or day use, in connection
with a special event. A special event is intended to include, but
is not limited to, programs operated by departments of the city, events
organized by nonprofit or community-based organizations, organized
youth or school events, and sporting events. The regulations shall
be published on the city's website. Regulations promulgated by the
city manager shall have the same force and effect of law and become
effective upon date of publication.
B.
It is
unlawful for any person to establish, maintain, conduct or carry on
any camp or camp facility unless a permit pursuant to this section
has been issued. The permit 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.
(Ord. 17-12 § 2)
A.
No person
or persons shall stand, sit, linger, idle, or loiter on any street,
alley, sidewalk, park or other public place, or in or about the entrance
or exit of any business establishment or public building, either on
foot or in an automobile or other vehicle, in such a manner as to
obstruct or hinder the free passage of persons along such public way,
or obstruct or hinder persons entering and exiting from any business
establishment or public building, or in such a manner as to create
a health or safety hazard for the community or for the patrons of
such public place.
B.
No person
in violation of this prohibition shall refuse or fail to disperse
or move on when directed to do so by a police officer or city employee.
(Ord. 17-12 § 2)
No person shall:
A.
Walk,
stand, sit, or lie upon any monument, vase, decorative fountain, drinking
fountain, bike rack, trash receptacle, median, fire hydrant, street-tree
planter, berm, utility cabinet, railing, fence, planter, stairwell,
parking lot or parking structure, or upon any other public property
not designed or customarily used for such purposes;
B.
Walk,
stand, sit, or lie upon any public lawn or planted area that is posted
with signs that forbid such conduct; or
C.
Walk,
stand, or lie upon any public bench.
(Ord. 17-12 § 2)
No person shall urinate or defecate on private property in any
area exposed to the public view, or on any public street, roadway,
boulevard, alley, parking lot, sidewalk, or any other property owned,
controlled and/or operated by the city, county or any public agency,
except when using a urinal, toilet, or commode located in a bathroom,
restroom, or other structure specifically designated for the purpose
of urination and defecation.
(Ord. 17-12 § 2)
The city council finds and determines that encampments located
on private property have at least the same health, safety, and welfare
concerns as encampments on public property and find the same to constitute
a public nuisance. The city manager is authorized to promulgate all
regulations necessary to provide for city clean-up and removal of
encampments located on private property and for the recovery of all
costs and expenses associated therewith consistent with the provisions
of the Temecula Municipal Code and applicable law. The regulations
shall be published on the city's website. Regulations promulgated
by the city manager shall have the same force and effect of law and
become effective upon date of publication.
(Ord. 17-12 § 2)
A.
Persons
and groups who wish to routinely distribute free meals and other food
to needy people in the city are encouraged to participate in programs
which provide meals indoors in conjunction with other services intended
to help needy people find housing and jobs. Information on how to
participate in such programs may be obtained from the department of
community services.
B.
Any
person or group that serves or distributes food to the public in city
parks or on public property shall comply with the following regulations:
1.
All
applicable State and Riverside County health and safety standards
regulating food service and distribution, including, but not limited
to, the requirements of obtaining and displaying a valid permit from
the Riverside County Department of Environmental Services, or its
successor agency, for distributing food at a location approved by
the city;
2.
All
applicable requirements of the Temecula Municipal Code regarding the
issuance of a vending permit, temporary use permit, or event permit;
and
3.
All
applicable requirements of the Temecula Municipal Code regarding protection
of park facilities and foliage and clean-up of parks and public areas.
C.
No person
shall distribute or serve food to the public on a public street or
sidewalk without issuance of a city vending permit, temporary use
permit, or event permit. However, no permit or license shall be required
for a noncommercial food distribution that does not hinder or interfere
with the free use of the sidewalk or street by pedestrian or vehicular
traffic.
(Ord. 17-12 § 2)
A.
No person
shall use a parked vehicle for dwelling as follows:
1.
Between
the hours of nine p.m. and six a.m. on any street or public property
in the city; or
2.
At
any time within a five hundred foot radius of any edge of a parcel
or group of parcels containing a park or public or private school
for children in grades between kindergarten and twelfth grade or a
licensed pre-school or daycare facility.
B.
Nothing
herein precludes the enforcement of any other laws such as parking
restrictions, including, but not limited to, prohibitions on overnight
parking, storage of vehicles, littering, illegal discharge or dumping
of materials, and parking for more than seventy-two hours.
C.
The
city manager may, in writing, suspend the enforcement of all or a
portion of this section in designated locations in connection with
special events or holidays.
D.
The
director of public works shall post signs at the entrances to the
city describing such restrictions.
(Ord. 17-12 § 2)
