Public streets and public areas should be readily available
and accessible to residents and the public for their intended purposes.
The purpose of this chapter is to maintain public streets and other
public areas in the city in a clean and accessible condition. Camping
and storage of personal property in those areas interferes with the
rights of others to use those areas for the purposes for which they
were intended.
(Ord. 1485 § 1, 2013)
As used in this chapter:
"Camp"
means to pitch or occupy camp facilities; to use camp paraphernalia.
"Camp facilities"
include, but are not limited to, tents, huts, or temporary
shelters.
"Camp paraphernalia"
includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, hammocks, or non-city designated cooking facilities
and similar equipment.
"Public area"
means any public place, including, but not limited to:
(1)
Streets, sidewalks, and alleyways, whether publicly or privately
owned;
(2)
Parking lots, whether publicly or privately owned;
(3)
Parking structures, whether publicly or privately owned;
(4)
Landscaped areas, whether publicly or privately owned;
(5)
Privately owned parks and playgrounds;
(6)
Privately owned plazas and marketplaces; and
(7)
Other publicly owned or publicly managed property, whether the
property is open to the public or not.
"Public area"
shall not include any area designated as a public campground
pursuant to federal, state, or local law and shall also not include
privately owned residential property.
"Store"
means to put aside or accumulate for use when needed, to
put for safekeeping, or to place or leave in a location.
"Street"
means the same as defined in the California Vehicle Code.
(Ord. 1485 § 1, 2013)
It is unlawful for any person to camp in any public area.
(Ord. 1586 § 1, 2022)
It is unlawful for any person to store personal property, including
camp facilities and camp paraphernalia, in any public area.
(Ord. 1586 § 2, 2022)
Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, Section
8.55.030 (Unlawful camping) and Section
8.55.040 (Unlawful storage of personal property in public areas) of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in
Martin v. City of Boise (9th Cir. 2018) 902 F.3d
1031.
(Ord. 1586 § 3, 2022)
It is unlawful for any person to violate any provision of this chapter. Each day a person violates any provision of this chapter shall constitute a new and separate violation. A violation of any provision of this chapter is punishable as provided in Chapter
1.16 of this code.
(Ord. 1485 § 1, 2013)