Public streets and other 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 in
a manner they were intended.
The purpose of this article is to maintain public streets and
other public areas within the city in a clean, safe and accessible
condition for residents and the public at large.
(Ord. 724 (Exh. A), 2007)
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 article.
"Camp"
means to pitch, erect, maintain, sleep in or occupy camp
facilities temporarily or to use camp paraphernalia for the purposes
of cooking, sleeping, and/or living accommodation.
"Camp Facilities"
include, but are not limited to, tents, huts or temporary
shelters, trailers and any other vehicle.
"Camp Paraphernalia"
includes, but is not limited to, collapsible shelters, tarpaulins,
cots, beds, sleeping bags, hammocks or non-city authorized cooking
facilities and similar equipment.
"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 California
Vehicle Code Section
590, or any successor provision thereto.
"Public Property"
means any publicly owned property in the city, including
any of the following: public parks, public alleyways, public parking
lots, public passageways, public rights-of-way, publicly owned landscaped
areas or greenbelts, sidewalks, curbs, public education institutions,
including properties owned by the Del Norte County Unified School
District, or any government owned properties located within the city.
(Ord. 724 (Exh. A), 2007)
It shall be unlawful and a public nuisance for any person to
camp, sleep in or occupy camp facilities or use camp paraphernalia
in the following areas, except as otherwise provided:
D. Any
public passageways, right-of-way;
E. Any
publicly owned landscaped areas or greenbelts;
F. Any
parking lot, public area or open spaces, improved or unimproved;
G. Any
private property.
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 does
not conflict with this code.
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Nothing in this chapter is intended to prohibit or make unlawful
activities of any 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. Furthermore, nothing is intended to prohibit or
make unlawful activities of a property owner or other lawful user
of the activities that are expressly authorized by the city's comprehensive
zoning ordinance or other laws, ordinances, and regulations.
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(Ord. 724 (Exh. A), 2007)
It shall be unlawful for any person to store, put aside, gather,
collect, stockpile, or accumulate for use when needed any personal
property, including camp facilities and camp paraphernalia, in the
following areas, except as otherwise provided:
C. On any
private property, without the written consent of the owner, and provided
that the written consent is in their possession at the time and is
shown upon demand of any peace officer;
D. Any
parking lot, public area or open spaced, improved or unimproved.
(Ord. 724 (Exh. A), 2007)
Except as otherwise provided for herein, and upon a showing
of necessity, a person may sleep in a vehicle and store personal belongings
therein within the city limits for not more than seventy-two hours
in any three-month period without being in violation of this chapter.
The provisions of this chapter shall not apply to any regularly
scheduled activities sponsored by the city, any political subdivision
of the state, or special district, or any activities being held on
land owned or controlled by the city, political subdivision of the
state, or special district.
(Ord. 724 (Exh. A), 2007)
In addition to all other remedies and penalties available under this chapter, under other sections of this code or under other laws, any person, firm or corporation who violates the provisions of this chapter shall be guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in Section
9.16.070 of this chapter.
(Ord. 724 (Exh. A), 2007)
Any person who violates any section in this chapter is guilty
of a misdemeanor, which shall be punishable by a fine of not more
than one thousand dollars, or by a prison term not exceeding six months,
or both. The city attorney or district attorney shall have the authority
to prosecute any violation of this section as an infraction in the
interests of justice. An infraction is punishable by (1) a fine not
exceeding one hundred dollars for a first violation; (2) a fine not
exceeding two hundred dollars for a second violation; (3) a fine not
exceeding five hundred dollars for each additional violation of this
provision. A person is guilty of a separate offense for each and every
day during which a violation occurs.
(Ord. 724 (Exh. A), 2007)