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 welfare of the public. Nothing in this chapter is intended to
interfere with otherwise lawful and ordinary uses of public or private
property, or to criminalize or regulate homelessness or criminalize
any unavoidable consequences of being homeless.
(Ord. 1967 § 3, 2022)
For purposes of this chapter, the following definitions shall
apply, unless the context clearly indicates otherwise:
means personal property that the owner abandons, surrenders,
relinquishes, or disclaims. Indicia of abandoned personal property
include, but are not limited to, personal property found where nobody
in the immediate vicinity claims ownership; and personal property
left on private real property for any period of time without the permission
of a person in possession or control of the real property.
means to place, pitch, or occupy camp facilities; to live
temporarily in a camp facility or outdoors; or to use camp paraphernalia
for the purpose of temporary or permanent human habitation.
mean and include, but are not limited to, tents, huts, vehicles,
vehicle camping outfits, or temporary shelter.
means and includes, but is not limited to, bedrolls, tarpaulins,
cots, beds, sleeping bags, hammocks, or cooking facilities and similar
equipment.
means and includes the chief of police or the person designated
by the chief of police to fulfill the responsibilities required by
this chapter.
means and includes the city manager or the person designated
by the city manager to fulfill the responsibilities required by this
chapter.
means and includes any city employee or agent of the city
authorized by this code, the city council, the city manager, or the
chief of police to enforce any provision of this code.
means setting up or moving equipment, supplies, or materials
onto public or private property to camp or operate camp facilities.
means keeping or permitting equipment, supplies, or materials
to remain on public or private property.
means participating or assisting in establishing or maintaining
a camp or camp facility.
means any natural person, business, organization, corporation,
or other legal entity.
means any and all tangible items, including, but not limited
to, goods, materials, merchandize, camp paraphernalia, luggage, backpack,
books, clothing, documents, household goods, and medication.
means all privately owned real property.
means all public agency owned, possessed, controlled, or
operated real property, including, but not limited to, streets, sidewalks,
alleys, improved or unimproved land, and parks.
means to put aside or accumulate for use when needed, to
put for safekeeping, or to place or leave in a location.
(Ord. 1967 § 3, 2022)
A.
It
is unlawful and a public nuisance for any person to: camp; establish,
maintain, allow, operate, or occupy camp facilities; or use camp paraphernalia,
in the following areas:
1.
Any
public or private street or right-of-way, including sidewalks, bus
stops, and public landscaping.
2.
Any
parking lot, yard, building setback, vacant land, open space, park,
or any other area open to, accessible to, or controlled by the public,
improved or unimproved.
3.
In,
on, under, or adjacent to any structure not intended for human occupancy.
4.
In,
on, under, or adjacent to a parked vehicle on any public or private
property, including, but not limited to, an automobile, bus, truck,
camper, trailer, or recreational vehicle.
5.
Within
10 feet of any other camp facility or camp paraphernalia.
B.
The
prohibition on camping in this section shall not apply to the following:
1.
Camping
on residential private property with consent of the person in possession
or control of the private property, and where such use does not violate
any provision of this code or state law, does not create or permit
a public nuisance, and where such use is not within view of the public
right-of-way.
2.
Camping
where specifically permitted within city-approved campgrounds or facilities.
3.
Camping
in connection with a special event as authorized by the city through
issuance of a permit pursuant to this code.
C.
The exceptions contained in subsection B of this section do not apply where camping is conducted in such a manner as to: create inadequate sanitation or other public nuisance; violate any law; constitute a use of land prohibited by zoning regulations due to the frequency, intensity, or duration of the camping; be prohibited under any other provision of this code concerning the use of mobilehomes; be contrary to any fee, charge, or other monetary consideration that is collected for the privilege of camping or for any services or the use of any facilities related thereto, other than at city-approved campgrounds or facilities.
D.
Nothing
in this chapter is intended to prohibit or make unlawful activities
of a property owner or lawful tenant of private property that are
incidental to the lawful and authorized use of private property for
residential or other approved and legal purposes. Nothing herein is
intended to prohibit or make unlawful activities of a property owner
or other lawful tenant if such activities are expressly authorized
by the city's zoning ordinances, other ordinances, or regulations.
(Ord. 1967 § 3, 2022)
A.
It
is unlawful and a public nuisance for any person to store personal
property in any of the following areas, except as otherwise approved
by the city manager's designee or as permitted by this code or state
law:
B.
Personal
property stored in violation of this section shall be subject to impoundment
and/or disposal pursuant to the procedures in this chapter.
(Ord. 1967 § 3, 2022)
The chief of police's designee shall make provisions for safekeeping
personal property received by the city. In the event the personal
property is delivered to the city by a person other than a city employee
or agent, a receipt shall be issued to that person, unless the property
was found in the course of employment by an employee of the city.
(Ord. 1967 § 3, 2022)
A.
No
Notice for Intentionally Abandoned, Dangerous, or Perishable Property,
Contraband, or Waste. Unlawfully stored personal property that is
believed in good faith to be intentionally abandoned or which presents
an immediate threat to public health or safety, is perishable, is
contraband, or which clearly constitutes waste or trash as defined
by this code may be disposed of without any notice.
B.
No
Notice for Contraband or Evidence in Criminal Case. Unlawfully stored
personal property that constitutes contraband or evidence in a criminal
investigation may be impounded without notice.
C.
Pre-Removal Notice. Where personal property not subject to subsection A or B of this section is found by an enforcement official, the enforcement official shall leave a written 24-hour notice in a conspicuous place at or near where the personal property is found. Such notice shall state that the storage of personal property is in violation of this chapter and may be subject to impoundment and disposal if not removed within the 24-hour period.
D.
Notice Upon Impoundment. If personal property has not been removed after 24 hours of providing any required notice under subsection C of this section, the city may impound the personal property. The city shall provide a written notice, in a conspicuous place at or near where the personal property was located, advising where the personal property is being kept and when and where it may be claimed by the owner.
E.
Notice
Signs. The city may erect signs in commonly affected areas to provide
the notices required under this section.
(Ord. 1967 § 3, 2022)
It is unlawful and a public nuisance to fail to remove personal
property within 24 hours of receiving written notice requiring removal.
Moving personal property to another location where storage is prohibited
by this chapter shall not constitute compliance with removal.
A.
Personal
property coming into possession of the chief of police's designee
pursuant to this chapter shall be deposited in a safe place for a
period of at least 90 days. In the event such personal property is
not claimed within the 90 days, it shall be deemed abandoned personal
property, subject to disposition as provided in this chapter or as
otherwise permitted by law.
B.
The
owner of the personal property may repossess the personal property
upon submitting satisfactory proof of ownership during the 90-day
holding period. A person may establish ownership by, among other methods,
describing the location where the personal property was found and
providing a specific and detailed description of the personal property.
If ownership cannot be determined to the satisfaction of the chief
of police's designee, the chief of police's designee may refuse to
return the personal property. If the chief of police's designee refuses
to return personal property, the city shall continue to hold the personal
property for the remainder of the 90-day period. During that time,
if the chief of police's designee is given notice that a legal action
has been instituted to reclaim the personal property, then the personal
property shall continue to be held until that legal action is resolved.
C.
If
ownership is determined, the owner shall be required to pay the reasonable
costs incurred by the city for impoundment and storage prior to the
return of the personal property, unless a financial hardship waiver
is submitted to the city by the owner on forms authorized by the city
and such waiver is approved by the chief of police's designee.
(Ord. 1967 § 3, 2022)
Notwithstanding Section 12.46.080 of this chapter, where personal property is impounded for use as evidence in a criminal case, such personal property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code Section 1417 et seq.
(Ord. 1967 § 3, 2022)
Upon the expiration of any holding period for received personal
property required pursuant to this chapter, any remaining personal
property not claimed by or returned to the owner may be appropriated
to the city upon order of the city manager's designee that the personal
property is needed for a public use. Any personal property not appropriated
to the city may be sold at a public auction or disposed of in such
a manner as deemed appropriate by the city manager's designee. If
personal property constitutes money, such money shall be deposited
into the city's general fund to offset the cost of administering this
section.
(Ord. 1967 § 3, 2022)
A.
Any
violation of this chapter is hereby declared to be unlawful and a
public nuisance.
B.
Any
person who engages in a violation of this chapter shall be subject
to the penalties and remedies provided by this section.
C.
Each
person shall be deemed guilty of a separate offense for each and every
day, or portion thereof, during which any violation of, or failure
to comply with, any of the provisions of this chapter is committed,
continued, or permitted by such person, and each instance shall be
deemed punishable.
D.
The
provisions of this chapter shall not be construed as permitting conduct
not proscribed herein and shall not affect the enforceability of any
other applicable provisions of law.
E.
The
city may enforce any violation of this chapter by any and all means
available by law, including, but not limited to, a restraining order,
preliminary or permanent injunction, or criminal or administrative
enforcement.
G.
Except as provided in subsection H of this section, no citation for a violation of Section 12.46.030 of this code, whether criminal or administrative, shall be issued to any person unless, at the time in question, the enforcement official, in his or her reasonable discretion, is able to make an affirmative determination that there is a sleeping space practically available to such person in a shelter, based on the information known to the enforcement official at the time. In determining whether a sleeping space in a shelter is practically available to a person, the enforcement official shall consider the specific circumstances of the person and the specific policies and requirements of the shelter, including the following:
1.
The
means of transportation available to such person.
2.
The
distance between the homeless shelter and the location of the person.
3.
The
opening, closing, and check-in times of the homeless shelter.
4.
Limitations
on the amount of consecutive nights a person can stay at the shelter,
or other similar requirements.
5.
Any
other circumstance of the person, or any policy or requirement of
the homeless shelter, known by the enforcement official, that would
make the shelter practically unavailable to the person, even if the
shelter would be practically available to someone else.
6.
A
shelter shall not be considered to be practically available under
this subsection if it requires a person to participate in religious
activities as a condition of receiving a sleeping space.
7.
A
shelter shall not be considered unavailable under this subsection
if the person is precluded from accessing the shelter solely based
on their refusal to comply with the reasonable requirements of the
shelter or the person is excluded from the shelter due to past violations
of the shelter's requirements.
H.
Notwithstanding subsection G of this section, no person may obstruct any public or private right-of-way either with their person, or with their personal property, in a way that creates a risk to the health and safety of passersby, or significantly impedes pedestrian traffic, or interferes with the use and enjoyment of public parks or facilities. Upon notice by an enforcement official, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this chapter.
(Ord. 1967 § 3, 2022)
