The public parks, streets, sidewalks and other public areas
within the city should be readily accessible and available to residents
and the public at large for their intended purposes. The purpose of
this chapter is to maintain public areas within the city in a clean,
sanitary, safe, attractive and accessible condition and to protect
the health, safety, environment and general welfare of the community.
In addition, the use of public areas for camping and sleeping interferes
with the rights of others to use and enjoy those areas as they are
intended.
(Ord. 3058-15 § 1)
For purposes of this chapter:
means the erecting of or occupying camp facilities for the
apparent purpose of overnight occupancy, or to use camp paraphernalia.
include, but are not limited to, tents, huts, or other temporary
shelters.
includes, but is not limited to, tarpaulins, mattresses,
lanterns, stoves, or non-city designated cooking facilities and similar
equipment.
means any publicly-owned park or recreation area, playground,
athletic field, bike trail, hiking trail, or publicly-accessible open
space that is used and devoted to active or passive recreation within
the city of Sunnyvale, including buildings and facilities thereon,
whether or not such areas have been formally dedicated to such purpose.
means to put aside or accumulate for use when needed, to
put for safekeeping, to place or leave unattended in a location.
means any personal property which appears to have been abandoned,
discarded, or disregarded by its owner; or property which has been
left unattended for an unreasonable amount of time. An "unreasonable"
amount of time may be any amount of time; however, any property left
unattended for twelve hours or more shall be considered unattended
per se.
includes avenues, highways, lanes, alleys, crossings or intersections,
and courts which have been dedicated and accepted according to law,
or which have been in common and undisputed use by the public for
a period of not less than five years next preceding the effective
date of the ordinance codified in this chapter.
means all publicly owned real property, including, but not
limited to, any street, alley, sidewalk, pedestrian or transit mall,
public parking lot, bike path, greenway, creek, waterway, lots, parcels,
open space, any other forms of improved or unimproved land or real
property or any other structure or area encompassed within the public
right-of-way; any park, parkway, mountain park, or other recreation
facility; or any other grounds, buildings, or other facilities owned
or leased by the city or by any other public owner, regardless of
whether such public property is vacant or occupied and actively used
for any public purpose.
(Ord. 3058-15 § 1)
It is unlawful for any person to camp, occupy camp facilities,
use camp paraphernalia, or cause a disturbance or nuisance, in any
park, street, or other public property, except as otherwise authorized
by the Sunnyvale Municipal Code.
(Ord. 3058-15 § 1)
It is unlawful for any person to store personal property or
unattended property, including camp facilities and camp paraphernalia,
in any park, street, or other public property, except as otherwise
authorized by the Sunnyvale Municipal Code.
(Ord. 3058-15 § 1)
No officer of the department of public safety shall issue a
citation, make an arrest or otherwise enforce this chapter against
any person unless:
(a)
The
officer first orally requests or orders the person to refrain from
the alleged violation of this chapter.
(b)
If
the person fails to comply after receiving the oral request or order,
the officer tenders a written warning stating that if the person fails
to comply, he or she may be cited or arrested for a violation of this
chapter.
(c)
If
the person refuses to cooperate after receiving the oral and written
warning, the officer may proceed to arrest or criminally cite the
person for a violation of this chapter.
(d)
Where
individuals are not present to remove unattended property pursuant
to this chapter, the area shall be posted at least seventy-two hours
before such property is removed. The property shall thereafter be
removed and stored by the city in a manner consistent with the city's
administrative procedures regarding encampment removals and applicable
state and federal law. Owners of personal property shall have ninety
days to recover such property, after which time the city may destroy
the property.
(Ord. 3058-15 § 1)
(a)
Violations
of this chapter shall constitute an infraction and may be subject
to an administrative citation, fine, criminal prosecution, or any
other civil or criminal remedies available under the Sunnyvale Municipal
Code or other legal authority.
(b)
Subsequent
violations of this chapter within two years subsequent to the date
of the initial violation may, at the discretion of the city attorney,
be prosecuted as a misdemeanor, punishable by a fine of not less than
five hundred dollars, nor more than one thousand dollars, by imprisonment
in the county jail for not more than six months, or by both such fine
and imprisonment. This remedy is in addition to any other legal remedy,
civil or criminal, available under the Sunnyvale Municipal Code or
other legal authority.
(c)
Each
such person is guilty of a separate offense for each and every day
during any portion of which any violation of the ordinances of the
city is committed, continued or permitted by any such person, and
may be cited or punished accordingly.
(Ord. 3058-15 § 1)
