The following definitions apply to the interpretation of this
chapter.
Any full- or part-time employee of the City or an independent
contractor retained by the City for the purpose of implementing this
chapter.
Any and all personal property cumulatively not more than
four cubic feet in volume or an amount of property capable of being
carried within a large capacity backpack, whichever is greater.
Any and all personal property that cumulatively exceeds the
amount of property defined as essential personal property.
Has the meaning as defined in Section 1.04.110 of this Code. However, for purposes of this Chapter, personal property does not include:
Property that is owned, managed, or maintained by the City,
including, but not be limited to, any public street, sidewalk, plaza,
parking lot, park, beach, building, or structure.
To put aside or accumulate for use or to put for safekeeping, or to place or leave for more than four hours. Placement of personal property for collection and disposal by a franchise waste hauler in accordance with Chapter 7.16 of this Code is not considered storing or storage as used in this chapter. Authorized placement of personal property in accordance with posted rules and regulations for use of public areas is not considered storing or storage as used in this chapter. Moving personal property to another location in the same or adjacent public area within any 24 hour period, or returning personal property to the same block on a daily or regular basis, shall be considered storing and shall not be considered to be removing the personal property from a public area.
Any facility, whether operated by a public, non-profit, or
private provider, that allows and has capacity for voluntary storage,
free of charge, of essential personal property.
Personal property is unattended when there is no person present
who asserts or claims ownership over the personal property. Indicia
of unattended personal property includes, but is not limited to, the
act of leaving the personal property in a public area so that it may
be appropriated by the next comer. Conversely, property is considered
"attended" if a person is present with the personal property and the
person claims ownership over the personal property.
(Ord. 6113, 2023)
A.
It is
unlawful to do any of the following:
1.
Store
any unattended personal property in a public area;
2.
Store
any attended excess personal property in a public area that cannot
be immediately moved;
3.
Leave
attended or unattended for any period of time any personal property
in a crosswalk; curb ramp; pedestrian pathway; on-or off-street area
designed or designated for parking of vehicles of any type; business
entryway; bicycle lane; travel lane of any street; landscaped or planted
area of a street or sidewalk; area within 10 feet of a fire hydrant;
railroad crossing; bus stop; or public area so as to obstruct City
operations, including street or sidewalk maintenance, repair or cleaning;
4.
Leave
attended or unattended for any period of time any personal property
in a public area in such a manner that interferes with an accessible
pathway for persons with disabilities established under federal or
state law, including the Americans with Disabilities Act of 1990 (Pub.
L. No. 101-336), and California Civil Code Sections 54 and 54.1;
5.
Store
any personal property within five feet of any operational and utilizable
entrance, exit, driveway or loading dock;
6.
Leave
attended or unattended for any period of time any personal property
in a public area in such a manner that obstructs or interferes with
any activity in the area for which the City has issued a permit;
7.
Attach,
chain, or tie any personal property to any public property, including,
but not limited to, a pole, bench, news rack, bicycle rack, trash
can, sign, tree, mailbox, or fence;
8.
Leave
any personal property in a public park, building, parking lot, or
other facility during any time that the facility is closed to the
public.
B.
Nothing
in this section precludes storage of personal property on private
property or on public areas when the storage is authorized by a permit
or license issued by the City.
(Ord. 6113, 2023)
A.
Personal property stored in violation of Section 9.96.030 is a public nuisance and may be abated as provided in this section.
1.
With
pre-removal notice as specified in Section 9.96.050.A, the City may
impound any unattended personal property stored in a public area in
violation of Section 9.96.030.A.1.
2.
With
pre-removal notice as specified in Section 9.96.050.A, the City may
impound any attended excess personal property stored in a public area,
stored in violation of Section 9.96.030.A.2.
3.
Without
pre-removal notice, the City may move and/or impound any personal
property that is left attended or unattended in violation of Section
9.96.030.A, paragraphs 3, 4, 5, 6, 7, or 8.
B.
Nothing
in this chapter is intended to preclude any peace officer or City
employee from immediately removing or otherwise disposing of any personal
property in a public area when the officer has reasonable cause to
believe from the totality of the circumstances that the property presents
an immediate threat to public safety, is evidence of a crime, is evidence
in a criminal investigation, or is contraband.
(Ord. 6113, 2023)
A.
Pre-Removal Notice. Except when immediate removal is authorized by Section 9.96.040, unattended personal property stored in violation of this chapter shall be impounded only after a pre-removal notice is left at or near the location of the personal property. Pre-removal notice shall be deemed provided if a written notice is directly delivered to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property and the actual removal commences no less than four hours after the pre-removal notice is posted. The written notice shall contain the following:
1.
A
general description of the personal property to be removed;
2.
The
location from which the personal property will be removed;
3.
The
date and time the notice was posted;
4.
A
statement that the personal property has been stored in violation
of the specific code section;
5.
A
statement that the personal property may be impounded if not removed
from public areas within four hours;
6.
A
statement that moving personal property to another location in a public
area shall not be considered removal of personal property from a public
area;
7.
The
address where the removed public property will be located and may
be recovered, including a telephone number and the internet website
of the City through which a person may receive information as to impounded
personal property as well as information as to voluntary storage location(s);
8.
A
statement that impounded personal property may be discarded if not
claimed within 90 days after impoundment.
B.
Post-Removal
Notice. Upon the removal of stored personal property, written notice
shall be conspicuously posted in the area from which the personal
property was removed. The written notice shall contain the following:
1.
A
general description of the personal property removed;
2.
The
date and approximate time the personal property was removed;
3.
A
statement that the personal property was stored in a public area in
violation of the specific code section;
4.
The
address where the removed personal property will be located and may
be recovered, including a telephone number and internet website of
the City through which a person may receive information regarding
recovery of impounded personal property;
5.
A
statement that impounded personal property may be discarded if not
claimed within 90 days after impoundment.
C.
A notice required by this section shall be printed or written on durable paper or card stock not less than five inches by seven inches. The pre-removal notice required by subsection A of this section shall be in English and Spanish. The post-removal notice of the address where the removed property will be located and may be recovered, including a telephone number and internet website of the City through which a person may receive information regarding recovery of the impounded personal property, and the warning that property not recovered may be destroyed or discarded shall be in English and Spanish.
(Ord. 6113, 2023)
A.
Except
as specified herein, the City shall move personal property to a storage
facility.
B.
Except
as specified herein, the City shall store impounded personal property
for 90 days, after which time, if not claimed, it may be discarded.
The City shall not be required to undertake any search for, or return,
any impounded personal property stored for longer than 90 days.
C.
Any
personal property may be disposed of immediately and without notice
when such property is perishable or is contraband, or constitutes
an immediate threat to the public health or safety.
(Ord. 6113, 2023)
The owner of impounded personal property may repossess the personal
property prior to its disposal upon submitting satisfactory proof
of ownership. A person may establish satisfactory proof of ownership
by, among other methods, describing the location from and date when
the personal property was impounded from a public area, and providing
a reasonably specific and detailed description of the personal property.
Valid, government-issued identification is not required to claim impounded
personal property.
(Ord. 6113, 2023)
