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 storage of personal property 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 storage of personal property and its 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 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. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
(Ord. 17-12 § 3)
As used in this chapter, the following terms shall have the following meanings:
"Administrative procedure"
means the city's administrative procedure for the removal of personal property approved by the city manager as established pursuant to Section 9.75.120.
"Bulky item"
means any personal property that is too large to be handled by normal collection, processing or disposal methods which means personal property that is too large to be placed in a garbage receptacle with a ninety-six-gallon capacity.
"Notice to remove personal property"
means the form of notice provided in the administrative procedure.
"Person"
means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals.
"Personal property"
means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.
"Public property"
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.
"Store," "Stored," "Storage" or "Storing"
means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Tent"
means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.
(Ord. 17-12 § 3)
Except as may otherwise be expressly permitted by the Temecula City Code, no person shall erect any barrier against or join any wires, ropes, chains or otherwise attach any personal property to any public property including any trees or plants including, but not limited to, a building or a portion thereof, playground equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the city's prior written consent.
(Ord. 17-12 § 3)
In the event city employees or agents determine that property is being stored on public property, notice of the city's removal of personal property shall be provided as set forth in the administrative procedure.
(Ord. 17-12 § 3)
Personal property which is not removed by the date of scheduled removal set forth on the notice posted pursuant to this chapter may be removed and stored or disposed of in accordance with the administrative procedure.
(Ord. 17-12 § 3)
As set forth in the administrative procedure, the owner or other person entitled to possession of personal property removed and stored by the city may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the administrative procedure is deemed abandoned.
(Ord. 17-12 § 3)
Nothing in this chapter precludes the enforcement of any law, ordinance or regulation of any governmental entity relating to illegal dumping or deposit of hazardous substances.
(Ord. 17-12 § 3)
This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.
(Ord. 17-12 § 3)
The city manager is hereby authorized and directed to establish the administrative procedure for the removal of personal property ("administrative procedure"). The administrative procedure shall provide the procedures necessary to implement the requirements of this chapter. The city manager shall post the administrative procedure on the city's website. The city manager is authorized to delegate to other city officials the duty and authority to implement the administrative procedure.
(Ord. 17-12 § 3)
A. 
Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Temecula Municipal Code. The violation may be charged as an infraction with the consent of the city attorney.
B. 
Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of the Temecula Municipal Code.
C. 
Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.12 of the Temecula Municipal Code.
(Ord. 17-12 § 3)