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.
(Ord. 1592 § 2, 2016)
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.
"Exigent circumstances"
means any emergency situation requiring swift action to prevent imminent danger to the health, safety, or life of a person or serious damage to property or to forestall the imminent escape of a suspect or destruction of evidence.
"Government-issued identification card"
means any identification card issued by a county, state, or federal government.
"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 12.12.020 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 for safekeeping, to place or leave in a location.
"Street"
means the same as defined in the California Vehicle Code.
(Ord. 1592 § 2, 2016)
It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
A. 
The Manteca Transit Center located at 220 Moffat Boulevard in Manteca, California;
B. 
The Moffat Community Center located at 580 Moffat Boulevard in Manteca, California;
C. 
Any public property except when the person is sitting or lying on public property between the hours of eleven p.m. and six a.m. of the following day; or
D. 
Any private property.
1. 
It is not intended by this section 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.
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 properly 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 city's comprehensive zoning ordinance or other laws, ordinances and regulations.
3. 
The city manager may, as provided in Section 12.20.050 of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.
4. 
The police chief may issue a permit to allow camping in a motor home or trailer on public property in an R-1 district provided the health, safety or welfare of the public is not affected. The permit will be valid for a period not to exceed five consecutive days. Upon expiration of the permit issued under this section, the applicant may apply for and be granted additional temporary camping permits; if the applicant still qualifies under the conditions set forth herein. In no event will temporary camping permits be issued to an applicant for a total period in excess of ten days within any ninety-day period.
5. 
A permit must be denied if the police chief finds that:
a. 
The applicant is not a bona fide resident of the city of Manteca;
b. 
The proposed location is not on a street adjacent to the applicant's residence;
c. 
The out-of-town visitor is not the applicant's guest;
d. 
Information submitted by the applicant is materially false.
A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
This section does not affect Section 12.12.100, which prohibits remaining, staying, or loitering on any public park between the hours of eleven p.m. and six a.m. of the following day, but does not prohibit sleeping in a public park during hours of operation.
(Ord. 1592 § 2, 2016)
It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
A. 
Any public property; or
B. 
Any private property without the written consent of the owner.
A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
Law enforcement shall not remove personal property from any public property without providing seventy-two hours written notice unless there are exigent circumstances. After providing written notice, any personal property removed from public property shall be stored for ninety days from the date of removal except for government-issued identification cards, which shall be stored for one year from the date of removal. Personal property that is removed from public property can be reclaimed by contacting the telephone number listed on the written notice or appearing personally at the Manteca police department located at 1001 West Center Street in Manteca, California during regular business hours.
(Ord. 1592 § 2, 2016)
The city manager, in his or her discretion, may 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.
Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
(Ord. 1592 § 2, 2016)
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 12.20.050 of this chapter.
(Ord. 1592 § 2, 2016)
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 12.20.050 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.
(Ord. 1592 § 2, 2016)
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.
(Ord. 1592 § 2, 2016)