The streets and public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the City. The purpose of this chapter is to maintain streets, parks and other public and private areas within the City in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
(3964-12/12, 4119-5/17)
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.
"Camp"
means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
"Camp facilities"
include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
"Camp paraphernalia"
includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
"City Manager"
means the City Manager or designee.
"Establish"
means setting up or moving equipment, supplies or materials on to public or private property to "camp" or operate camp facilities.
"Maintain"
means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
"Operate"
means participating or assisting in establishing or maintaining a camp or camp facility.
"Park"
means the same as defined in Section 12.72.010 of this title.
"Private property"
means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.
"Public property"
means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
"Store"
means to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.
"Stored personal property"
means any tangible property a person may deposit in a location with an intent to recover at a later time. Tangible property includes, but is not limited to goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items. Stored personal property excludes intentionally discarded refuse, trash, and/or tangible property.
"Street"
means the same as defined in Section 12.16.180 of this title.
(3964-12/12, 4119-5/17, 4228-3/21)
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. 
Any public property; or
B. 
Any private property.
1. 
It is not intended by this chapter to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night. In addition, it is not intended by this chapter to prohibit overnight camping on public property as required by State or Federal law.
2. 
Nothing in this chapter is intended to prohibit or make unlawful, 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 provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Huntington Beach Municipal Code or other laws, ordinances and regulations.
3. 
The City Manager may, as provided in Section 13.10.050 of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.
(3964-12/12, 4119-5/17)
It shall be unlawful and a public nuisance for any person to leave stored personal property on public property or private property without the consent of the property owner or except as otherwise approved by the Police Chief, the Community & Library Services Director, the Public Works Director, or any of their designees.
Stored personal property left on public or private property in violation of this section may be impounded pursuant to the provisions of this chapter.
(3964-12/12, 4119-5/17, 4228-3/21)
A. 
The Police Chief, or his or her designee, is authorized to impound stored personal property located on public property or private property pursuant to the provisions of this chapter. The Police Chief is authorized to adopt written policies and procedures to implement provision of this chapter. Nothing in this chapter shall be construed to limit or otherwise interfere with State law regarding the impounding of evidence related to a crime.
B. 
Stored personal property may be impounded and disposed of without notice if there is a cause to reasonably believe that the stored personal property is:
1. 
Perishable;
2. 
Contaminated with feces, urine or bodily fluid;
3. 
Infested with insects;
4. 
Contaminated with mold or mildew;
5. 
Intentionally discarded;
6. 
An immediate threat to public health or safety.
C. 
Stored personal property may be impounded without notice if there is a cause to reasonably believe that the stored personal property is:
1. 
Evidence of a crime; or
2. 
Evidence in a criminal investigation; or
3. 
Unlawful to possess.
D. 
Except as provided above, stored personal property located on public or private property may be impounded after providing 24 hours actual or posted notice as provided in this section.
E. 
Actual notice shall be deemed provided by placing on or near the stored personal property a writing containing the following information:
1. 
A general description of the stored personal property;
2. 
The location of the stored personal property;
3. 
The date and time the notice was placed; and
4. 
A statement that the stored personal property has been deposited in violation of this Chapter 13.10, and will be impounded by the City if the stored personal property is not removed within 24 hours of issuance of actual notice.
F. 
Posted notice shall be deemed provided by erecting at least one sign in a conspicuous place providing notice that any stored personal property found in a described area may be removed, and impounded if not claimed and removed within 24 hours after being discovered. The sign shall provide a phone number and address where a person may receive information to recover his or her personal property.
G. 
After the notice period has expired, the stored personal property shall be deemed abandoned and may be impounded. Prior to impounding stored personal property, the City will provide notice in a conspicuous place at or near where the stored personal property was located with the following information:
1. 
A general description of the stored personal property;
2. 
The location of the stored personal property;
3. 
The date and time the notice was placed; and
4. 
A statement that the stored personal property has been impounded by the City and the process to re-claim.
(4228-3/21)
Notwithstanding Section 13.10.041, any stored personal property located in any area that is posted with conspicuous signs indicating the area is closed to the public may be immediately impounded without notice. The posted signs must contain language indicating that all stored personal property found during the hours the area is closed will be impounded. The sign shall describe where the stored personal property will be stored, including a telephone number and the address where a person may receive information regarding how to recover the personal property.
(4228-3/21)
A. 
Stored personal property that is impounded pursuant to this chapter shall be stored by the City for a period of 90 days. If the owner of the stored personal property is reasonably ascertainable, the Police Chief, or his or her designee, shall promptly notify the owner of the procedure to claim his or her personal property.
B. 
The Police Chief, or his or her designee, shall return the stored personal property to its owner upon presentation of satisfactory evidence of ownership.
C. 
In the event the stored personal property is not claimed within 90 days, it may be subject to disposition as provided in Huntington Beach Municipal Code (HBMC) Chapter 2.96.
(4228-3/21)
Subject to the provisions of Sections 13.10.041 and 13.10.042, stored personal property 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 stored personal property is perishable, contaminated with feces, urine or bodily fluid, infested with insects, contaminated with mold or mildew, constitutes an immediate danger to the public health or safety, or is infectious waste as defined in HBMC Section 8.21.040.
(4228-3/21)
The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the City, youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various City departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
(4119-5/17)
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the City Manager in accordance with the provisions of Section 13.10.050 of this chapter.
(4119-5/17)
The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of Section 13.10.050 of this chapter, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
(4119-5/17)
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
(4119-5/17)
Notwithstanding any other provision in this Code, each violation of the provisions of this chapter shall be enforced alternatively as an infraction.
(4228-3/21)
If any provision of this chapter is rendered illegal or invalid or unenforceable, all other parts of this chapter shall remain in full force and effect.
(4119-5/17)