This Chapter is adopted pursuant to the City's police powers as set forth in the California Constitution and Government Code Section 37359 for the following purposes:
A. 
To protect public health and safety by ensuring public property is used for its intended purpose by all members of the community. This includes, without limitation, protecting the personal constitutional rights of all individuals to access and use public property safely and freely in the manner for which it was intended.
B. 
To maintain and improve the City's aesthetics to promote public welfare and economic development.
C. 
To balance freedom of expression with reasonable time, place, and manner restrictions for protecting public health, safety, and welfare.
D. 
To avoid creation of public nuisances when solid or liquid waste is intentionally or unintentionally discarded upon public property.
E. 
To balance the needs of individuals with that of the general public when utilizing public property.
F. 
Nothing in this Chapter is intended to, nor does it, restrict recreational activities on public property at the times and places available for such use.
(Ord. 1379 § 2, 10/28/19)
The City Manager is authorized to promulgate administrative policies and procedures ("AP&P") that may be needed to implement this Chapter, including, without limitation, such "best practices" that are needed to facilitate enforcement of this Chapter in accordance with the OCCW Settlement.
(Ord. 1379 § 2, 10/28/19)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter.
"Camper"
means a structure designed to be mounted on a motor vehicle and to provide facilities for human habitation or camping purposes.
"Camp facilities"
includes one or more of the following items: tents, huts, other unpermitted physical shelters, cots, beds, sleeping bags, hammocks, or bedrolls.
"City"
means the City of Bellflower and its agents including, without limitation, sworn law enforcement officials employed by the Los Angeles County Sheriff's Department acting on City's behalf in accordance with applicable law.
"City Manager"
means the City Manager or designee.
"Encampment"
means a location consisting of camp facilities, cooking facilities, and other evidence of human habitation.
"Entrance"
means the entire area between the outer edge of an entrance to a building and the exterior door and includes the entry way, doorway or vestibule.
"Groom"
means hair cutting; shaving; washing or rinsing parts of one's body other than one's hands, forearms and face; thoroughly washing or rinsing any garment; or any other similar act related to personal hygiene.
"Homeless person"
has the same meaning as set forth in 42 U.S.C. Section 11302.
"House car"
means a motor vehicle originally designed, or permanently or temporarily altered and equipped, for human habitation, or to which a camper is permanently or temporarily attached.
"Human habitation"
means the use of a vehicle for a dwelling. Evidence of human habitation includes activities such as sleeping, setting up housekeeping or cooking, and/or any other activity where it reasonably appears, in light of all the circumstances, that one or more persons are using the vehicle as a living accommodation. The use of a vehicle for six or more consecutive hours for eating, resting, recreating and/or sleeping per se constitutes "human habitation" for purposes of this Chapter.
"OCCW Settlement"
means that settlement agreement entered by the court on September 23, 2019 in the case captioned Orange County Catholic Worker, et al. v. Orange County, et al. (filed January 29, 2018) United States District Court, Central District of California, Case No. 8:18 cv-00155-DOC-JDE.
"Overnight shelter"
means a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for homeless persons at no charge. A shelter is not available when the homeless person cannot occupy the space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If a homeless person cannot utilize the overnight shelter space due to voluntary actions including, without limitation, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space is "available" for purposes of this Chapter.
"Personal effects"
means personal property consisting of at least the following items:
1. 
Medication, personal documents, identification, prescriptions, eyeglasses, or other medical devices;
2. 
Sleeping bag or bed roll which is sanitary and non-verminous;
3. 
Tents in usable and good condition;
4. 
Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous; and
5. 
Such additional personal property identified in AP&P.
"Public right-of-way"
means any City street, sidewalk, pedestrian path, bike path or any other "public way," as defined by Streets and Highways Code Section 18609.
"Restricted area"
means any public right-of-way and public property including, without limitation, parks, parking lots, and the "Trail" as defined by Section 12.44.010 of this Code.
(Ord. 1379 § 2, 10/28/19; Ord. 1396 § 1, 8/24/20)
A. 
Except by permit issued in accordance with this Chapter, it is unlawful for persons to use, occupy, or allow the use or occupancy of any house car for human habitation within the City.
B. 
Except as otherwise provided by this Chapter or other applicable law, it is unlawful for any person to sleep, camp, or store personal property, including camp facilities and paraphernalia, in or on restricted public property.
C. 
Except with a valid special events or park permit, it is unlawful for any person to be present upon restricted public property in manner that interferes with the ordinary flow of pedestrian or vehicle traffic.
D. 
It is unlawful for persons to disrobe or personally groom themselves in any restroom owned or operated by the City for public use where a sign giving notice of such restrictions is posted in the restroom.
(Ord. 1379 § 2, 10/28/19; Ord. 1396 § 2, 8/24/20)
A. 
This Chapter must be enforced in accordance with the OCCW Settlement and the AP&Ps implementing this Chapter.
B. 
This Chapter does not apply to registered guests, campers, or residents at mobile home or recreational vehicle parks validly existing in accordance with this code. Further, sleeping in a parked vehicle for a limited time, not to exceed four hours, under bona fide conditions of emergency, or in the interest of public safety, does not constitute a violation of this Chapter.
C. 
This Chapter does not apply to persons sleeping, camping, or storing personal property in areas designated for such purposes that are permitted by a governmental entity or in a caretaker's residence.
(Ord. 1379 § 2, 10/28/19)
A. 
After first obtaining an overnight parking permit for recreational vehicles or campers pursuant to this Code, any resident or owner of land within the City also may obtain a second permit to use that recreational vehicle or camper as temporary human habitation; this use will only be permitted on a street within 300 feet of the permittee's residence or land, and only for a period not exceeding 72 consecutive hours at any one time.
B. 
A resident or owner of land within the City may receive such permits for not more than a total of 10 days within any one calendar year.
C. 
The applicant for such permit must provide such information as the City Manager determines is necessary to implement the provisions of this Chapter including, without limitation: (1) the proposed location of the camper or recreational vehicle; (2) the requested time period for the permit; (3) the status of the applicant as a resident or owner of land within the City; (4) the license plate number of the recreational trailer or recreational vehicle, or such other information as is determined by the City Manager to be sufficient to identify the camper or recreational vehicle for which the permit will be issued.
D. 
If the use requested by the resident or owner complies with the provisions of this Chapter, then the permit may be issued without charge.
E. 
In addition to displaying the overnight parking permit for recreational vehicles or recreational trailers, the temporary human habitation permit must be prominently displayed on the camper or recreational vehicle at all times when the recreational trailer or recreational vehicle is being used for temporary human habitation on a street.
(Ord. 1379 § 2, 10/28/19)
Notwithstanding any provision of this Chapter to the contrary, the City Manager may prohibit or restrict a permit being issued to use a recreational vehicle or camper for temporary human habitation on any particular street or any portion thereof, or may designate a specific location for any particular permit which exceeds the 300-foot limit if he or she determines such prohibition, restriction, or designation is required for the public health, safety or welfare.
(Ord. 1379 § 2, 10/28/19)
Except with a permit as provided elsewhere in this Code, it is unlawful for any person to place an electrical, water, gas, telephone, or other utility connection so as to encroach on a sidewalk or other public right-of-way.
(Ord. 1379 § 2, 10/28/19)
The City Manager is authorized to construct, maintain, and post such markings and signs as are determined necessary or desirable to give public notice of this Chapter.
(Ord. 1379 § 2, 10/28/19)
A. 
Unless otherwise authorized in this Chapter, any personal property stored or found in restricted public places or as part of an encampment, is deemed abandoned property.
B. 
The City Manager is authorized to remove personal property on restricted public places or in encampments in accordance with this Chapter.
(Ord. 1379 § 2, 10/28/19)
The City Manager may remove personal property from restricted public places or from an encampment as follows:
A. 
The City Manager may remove any personal property stored or remaining in restricted public places or from an encampment.
B. 
Except for personal effects, the City Manager may dispose of such abandoned personal property in any reasonable manner including, without limitation, destruction.
(Ord. 1379 § 2, 10/28/19)
A. 
The City Manager must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:
1. 
A list of personal effects removed;
2. 
A telephone number for information on retrieving personal effects; and
3. 
The length of time during which the personal effects may be claimed.
B. 
The City Manager must maintain an inventory identifying personal effects as follows:
1. 
The approximate location of the property; and
2. 
The nature of items removed.
C. 
Removed personal effects must be placed in containers labeled in a manner facilitating identification by the City Manager and owner and which reasonably protects such property from damage or theft.
D. 
Removed personal effects must be stored in an area designated by the City Manager for a period of 90 days.
E. 
If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, the City Manager must release the stored property to the owner upon the person claiming ownership identifying the property and approximate location where the property was left.
(Ord. 1379 § 2, 10/28/19)
A. 
Personal effects remaining unclaimed at the end of 90 days from removal may be dedicated public use and may be given for charitable use to a local nonprofit agency or placed for sale pursuant to this Code.
B. 
All other personal property is deemed intentionally abandoned and may be summarily abated and destroyed.
(Ord. 1379 § 2, 10/28/19)