The City Council finds as follows: (1) a principal threat to
the public health, safety, and welfare is the potential destruction
of, damage to, or interference with, infrastructure that is critical
to the provision of public services such as law enforcement, fire
prevention, transportation, and utilities including communication,
water, wastewater, stormwater, and waste disposal; (2) destruction
of, damage to, or interference with, critical infrastructure is caused
by fire, contamination, obstructing access, or other causes; and (3)
destruction of, damage to, or interference with, critical infrastructure
is often caused by persons whose activities are not permitted or authorized
in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire
and other potential causes of destruction and damage to, and interference
with, critical infrastructure, in order to protect the health, safety,
and welfare of the public, by authorizing the removal of persons and
their personal property in, on, or near critical infrastructure.
(Ord. 2022-09-27-1202 C.S. § 1)
When used in this chapter, the following words and phrases have
the following meanings:
means to place, pitch or occupy camp facilities; to live
temporarily in a camp facility or outdoors; to use camp paraphernalia.
include, but are not limited to, tents, huts, vehicles, vehicle
camping outfits or temporary shelter.
includes, but is not limited to, bedrolls, tarpaulins, cots,
beds, sleeping bags, hammocks, cooking facilities, and similar equipment.
means each of the following:
Levees;
Sloughs, rivers, canals, and waterways; or
Real property or a facility, whether privately or publicly owned,
as approved by action of the City Council, that the City Manager designates
as being so vital and integral to the operation or functioning of
the City that its damage, incapacity, disruption, or destruction would
have a debilitating impact on the public health, safety, or welfare.
Critical infrastructure may include, but is not limited to,
government buildings, such as fire stations, police stations, jails,
or courthouses; hospitals; structures, such as antennas, bridges,
roads, train tracks, or drainage systems; or systems, such as computer
networks, public utilities, electrical wires, natural gas pipes, telecommunication
centers, or water sources; and parks.
means building and construction materials, garbage, refuse,
wreckage, spoiled or ruined household goods, and similar material.
means a building, structure, equipment, system, or asset.
means discarded household items, objects, or materials for
which there is no use or reuse intended.
has the same meaning as in California Public Resources Code
Section 40141.
has the same meaning as in California Code of Regulations,
Title 14, Section 17225.36.
means all putrescible and non-putrescible solid, semisolid,
and liquid wastes, including garbage; ashes; industrial waste; demolition
and construction waste; discarded home and industrial appliances;
abandoned vehicles and vehicle parts; dewatered, treated, or chemically
fixed sewage that is not hazardous waste; manure; dirt; soil, rock,
gravel, sand, or other aggregate material; and other discarded solid
and semisolid waste.
has the same meaning as in California Code of Regulations,
Title 24, Part 9, Section 202.
(Ord. 2022-09-27-1202 C.S. § 1)
A.
It
is unlawful and a public nuisance for any person to camp, occupy camp
facilities, or use camp paraphernalia, or for a property owner to
allow such activity to occur, at the following locations:
1.
Critical
infrastructure;
2.
Within
30 feet of critical infrastructure;
3.
Within
30 feet of the property line of any parcel enclosing critical infrastructure;
4.
Within
30 feet of a vehicular or pedestrian entrance or exit of critical
infrastructure;
5.
On
those portions of a right-of-way that are required by local, State,
or Federal law to be free of obstruction to first responders, including,
but not limited to, members of law enforcement, fire prevention, or
emergency medical services agencies; or
6.
In
a wildfire risk area.
B.
It
is unlawful and a public nuisance for any person to store personal
property, including camp facilities and camp paraphernalia, in the
following locations without the written consent of the owner, except
as otherwise provided by action of the City Council:
1.
Critical
infrastructure;
2.
Within
30 feet of critical infrastructure;
3.
Within
30 feet of the property line of any parcel enclosing critical infrastructure;
4.
Within
30 feet of a vehicular or pedestrian entrance or exit of critical
infrastructure;
5.
On
those portions of a right-of-way that are required by local, State,
or Federal law to be free of obstruction to first responders, including,
but not limited to, members of law enforcement, fire prevention, or
emergency medical services agencies; or
6.
Wildfire
risk area.
C.
Nothing
in this chapter is intended to prohibit or make unlawful the activities
of an owner of private property or other lawful user of private property
that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes;
and nothing is intended to prohibit or make unlawful the activities
of a property owner or other lawful user if such activities are expressly
authorized by the Stockton Development Code or other laws, ordinances,
and regulations.
(Ord. 2022-09-27-1202 C.S. § 1)
A.
Any violation of Section 8.100.030 may be abated by the City upon 24 hours of prior notice by way of posting notice conspicuously on or in front of property; but a violation of Section 8.100.030 may be abated immediately by the City without prior notice, if the violation poses an imminent threat to public health or safety.
B.
Abatement pursuant to subsection A may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
(Ord. 2022-09-27-1202 C.S. § 1)
No person shall willfully prevent, delay, resist, obstruct,
or otherwise interfere with a City official, employee, contractor,
or volunteer in their execution of an abatement pursuant to this chapter.
(Ord. 2022-09-27-1202 C.S. § 1)
A.
In addition to any other remedy allowed by law, any person who violates a provision of this chapter is guilty of a misdemeanor and subject to criminal sanctions pursuant to Chapter 1.08.
B.
Violations
of this chapter are hereby declared to be a public nuisance.
C.
Any
person who violates a provision of this chapter is liable for civil
penalties in the minimum amount of $250.00 and a maximum amount of
$25,000.00 for each day a violation continues.
D.
Any person who violates a provision of this chapter is subject to administrative penalties to reimburse the City for all costs, including time, services, and materials, needed to abate a violation of this chapter and hold violator(s) accountable unless the City waives such reimbursement in whole or in part. The hourly rate used to compute the time spent to investigate, document, and abate a violation for purposes of reimbursement shall be the actual costs. Costs may be assessed against the violator and the owner of property where the violation occurred as a personal obligation, lien against the subject premises, or both. Administrative penalties may be appealed within 10 calendar days from the date of a notice of violation in accordance with Chapter 1.44.
E.
All
remedies prescribed under this chapter are cumulative and the election
of one or more remedies does not bar the City from the pursuit of
any other remedy to enforce this chapter.
(Ord. 2022-09-27-1202 C.S. § 1)
