Note: Prior ordinance history: Ord. 168.
Public property 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,
and is deleterious to the public peace, health, safety and welfare,
in that it obstructs intended uses for the public at large, contributes
to blight and can cause damage to public property. The purpose of
this chapter is to maintain public property within the City as accessible
to the public at large, to keep such areas in a clean and accessible
condition, and to maintain the public peace, health, safety and welfare.
(Ord. 245 § 2, 6-19-2012)
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. Any terms not defined in this section shall be the same as defined in Section 1.01.170 of this Code. To the extent conflicts exist between definitions herein and elsewhere in this Code, the definitions in this section shall control for purposes of this chapter.
means to pitch or occupy camp facilities and/or to use "camp
paraphernalia."
includes, but is not limited to, tents, huts, or other temporary
shelters, as well as, cots, beds, sleeping bags, hammocks or bedrolls.
includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, hammocks, or non-City designated cooking facilities
and similar equipment.
means any publicly owned property in the City, improved or
unimproved, including, but not limited to, any of the following: public
alleyways; public parking lots; public passageways; public streets;
public rights-of-way; publicly owned, maintained or operated parks;
publicly owned, maintained or operated landscaped areas or greenbelts;
publicly owned, maintained or operated open spaces, including, but
not limited to, public facilities or buildings of any kind; public
sidewalks, curbs and gutters; public educational institutions; or
other government owned, maintained or operated properties located
within the City.
means the same as defined in Section 1.01.170 of this Code.
means to put aside or accumulate for use when needed, to
put for safekeeping, to place or leave in a location.
means the same as defined in Section 1.01.170 of this Code.
(Ord. 245 § 2, 6-19-2012)
It is unlawful for any person to camp, occupy camp facilities
or use camp paraphernalia on any public property within the City,
except as otherwise provided herein or mandated by applicable law.
(Ord. 245 § 2, 6-19-2012)
It is unlawful for any person to store personal property, including
camp facilities and camp paraphernalia on any public property within
the City, except as otherwise provided herein or mandated by applicable
law.
(Ord. 245 § 2, 6-19-2012)
This chapter shall not apply to any person camping, occupying
camp facilities or using camp paraphernalia, or to any person storing
personal property, including camp facilities and camp paraphernalia,
on any public property designated by the City for such purposes. The
City Council may, by resolution or ordinance, establish one or more
specified areas of public property for such purposes. Absent exigent
circumstances relating to immediate threats to the public health,
safety, or welfare, the provisions 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. 245 § 2, 6-19-2012; Ord. 315 § 3,
2019)
