The public parks, public streets and alleys, public beaches,
public parking lots, public rights-of-way, parkways, public sidewalks,
recreational areas and other publicly-owned or controlled property
within the city should be readily accessible and available to residents,
businesses and the public at large for their intended purposes. The
use of these public areas for the storage of personal property interferes
with the rights of others to use and enjoy these public areas as they
are intended. Such activity can constitute a public health and safety
hazard which adversely impacts neighborhoods and commercial areas.
The purpose of this chapter is to maintain these public areas within
the city in a clean, sanitary, safe and accessible condition, to adequately
protect the health, safety, environment and general welfare of the
community, and to ensure that these public areas are used for their
intended purposes and remain accessible to all citizens, businesses
and visitors in the city. Further, this chapter is designed to provide
a reasonable process for notification and disposition of unclaimed
property that comes into the possession of the city. Nothing in this
chapter is intended to interfere with otherwise lawful and ordinary
uses of public property.
(Ord. 1660 § 5, 2021)
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 chapter.
means personal property to which the owner surrenders, relinquishes
or disclaims all right, title, claim and possession, with intention
of not reclaiming it or resuming its ownership, possession or enjoyment.
Indicia of abandoned personal property shall include, but not be limited
to, the act of leaving the personal property in a public area so that
it may be appropriated by the next corner.
shall have the meaning set forth in Section 110 of the California
Vehicle Code.
means the chief of police of the city of Laguna Beach, or
designee.
means the city clerk of the city of Laguna Beach, or designee.
means the city manager of the city of Laguna Beach, and shall
include designee.
means the community development director of the city of Laguna
Beach, or designee.
means the Laguna Beach police department.
means a public place, including, but not limited to, any
public streets, alleys, public parking lots, public parks, public
beaches, public rights-of-way, parkways, public sidewalks, recreational
areas or other publicly-owned or controlled property.
means tangible personal belongings or possessions, which
shall include any movable or tangible thing that is subject to ownership;
property or chattels that can be seen, weighed, measured, felt, or
touched, including, but not limited to, furniture, appliances, sleeping
bags, beds, umbrellas, money, books, and shopping carts or carts.
Personal property excludes trash or refuse.
means to put aside personal property in a public area or
accumulate it for use when needed; to place personal property in a
public area for safekeeping; and/or to leave personal property unattended
in a public area.
shall have the meaning set forth in Section 590 of the California
Vehicle Code.
means any canopy or cover that is open on all sides, consists
of pliable tentlike material such as canvas, nylon or other synthetic
fabric, and that is held aloft by one or more supporting metal, plastic
or wooden poles.
means personal property that has been turned in to the police
department and that has not been claimed within a period of ninety
days by its owner.
(Ord. 1660 § 5, 2021)
(a)
It
shall be unlawful and a public nuisance for any person to store personal
property in any public area, except as otherwise approved in writing
by the chief of police, the community development director or by resolution
of the city council. Personal property stored in public areas in violation
of this section shall be impounded pursuant to the provisions of this
chapter.
(b)
Any
personal property left in any park or beach at the time it is closed
to the public, whether or not the personal property is unattended,
shall be immediately impounded, pursuant to the provisions of this
chapter.
(Ord. 1660 § 5, 2021)
The chief of police is authorized to impound personal property
pursuant to the provisions of this chapter, and shall make provisions
for the receipt and safekeeping of personal property coming into his
or her possession pursuant to this chapter. 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 chief of police shall notify the owner of the personal property
if his or her identity is reasonably ascertainable, or, if the identity
of the owner is not reasonably ascertainable, cause a notice to be
left in a prominent place on or near the location of the personal
property for any personal property impounded pursuant to this chapter,
advising that the chief of police is in possession of the personal
property and the location where it may be claimed.
(Ord. 1660 § 5, 2021)
(a)
Stored
personal property may be impounded without notice if there is a reasonable
belief that it is abandoned, presents an immediate threat to public
health or safety, is evidence of a crime, is evidence in a criminal
investigation, or is contraband.
(b)
The
city may erect signs in public areas stating that any personal property
stored in those areas will be impounded. Those signs shall serve to
provide the notice required by this section.
(c)
If neither subsection (a) nor subsection (b) apply, personal property unlawfully stored in public areas shall be impounded only after a notice is left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed, which shall be at least twenty-four hours after the notice is left.
(Ord. 1660 § 5, 2021)
If, after any notice required by Section 8.32.050 is given, personal property remains unlawfully stored in a public area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.
(Ord. 1660 § 5, 2021)
Personal property coming into possession of the chief of police
pursuant to this chapter shall be deposited in a safe place for a
period of at least ninety days. If the personal property consists
of money, it shall be deposited with the city's director of
finance for a period of not less than ninety days, unless sooner claimed
by its owner. In the event the personal property or money is not claimed
within ninety days, it shall be deemed to be unclaimed personal property,
subject to disposition as provided in this chapter.
(Ord. 1660 § 5, 2021)
During the time that any personal property is held by the city,
it may be delivered or paid to its owner as follows:
(a)
The
personal property shall be delivered upon proof of ownership satisfactory
to the chief of police after ten days' notice by mail to any
other person(s) who have asserted a claim of ownership at any address
given by such person(s). The city may require payment of a reasonable
charge to defray costs of storage and care of the property.
(b)
If
the personal property consists of money, it shall be paid to the 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 personal 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 refuse
to order the payment of such money to anyone until ordered to do so
by a court of competent jurisdiction.
(Ord. 1660 § 5, 2021)
(a)
Upon
expiration of the ninety-day period, any personal property received
by the city, and not delivered to the owner may be appropriated to
the use of the city of Laguna Beach 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 for 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 owner during the ninety-day period, shall thereafter be deposited
in the general fund.
(c)
Notice
of the public auction of such 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. 1660 § 5, 2021)
An auction for the sale of unclaimed personal property shall
be conducted by the city manager.
(Ord. 1660 § 5, 2021)
After any auction for unclaimed personal property is completed,
the proceeds of the auction shall be delivered to the director of
finance for deposit in the general fund.
(Ord. 1660 § 5, 2021)
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. 1660 § 5, 2021)
Subject to the provisions of this chapter, 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, evidence of a crime, evidence in a criminal
investigation, or constitutes an immediate threat to the public health
or safety.
(Ord. 1660 § 5, 2021)
(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 of a crime, evidence
in an ongoing criminal investigation and/or civil proceeding pursuant
to state or federal law.
(b)
The
provisions of this chapter shall not apply to abandoned personal property,
which shall be disposed of forthwith.
(c)
Shopping
carts or carts shall be subject to release to the owners and operators
of businesses which provide shopping carts for the convenience of
their customers or abatement and/or disposal thereof in accordance
with the provisions of chapter, as the case may be.
(d)
Notwithstanding
the regulations set forth in this chapter, the city manager and/or
chief of police are hereby authorized to promulgate additional rules
and policies for the implementation of this chapter in a manner consistent
with state and federal law.
(Ord. 1660 § 5, 2021)
Notwithstanding any other provision in this code, each violation
of the provisions of this chapter may be enforced alternatively as
follows:
(a)
A
violation of this chapter may be punishable as a misdemeanor or an
infraction;
(b)
A
violation of this chapter may be punishable by issuance of an administrative
citation;
(c)
The
city attorney may institute an action in any court of competent jurisdiction
to restrain, enjoin or abate the condition(s) found to be in violation
of the provisions of this chapter, as provided by law.
(Ord. 1660 § 5, 2021)
