The purpose of this chapter is to protect the public health,
safety and welfare against adverse impacts caused by unlawful camping,
unlawful storage of personal property, unlawful fires, littering,
and loitering on private and public property. These activities can
lead to serious health, safety, and accessibility concerns, contribute
to conditions of blight, and deteriorate private and public property
and city facilities. This chapter is meant to create standards to
ensure that private property, public streets and public areas within
the city are used for their intended purposes and are readily accessible
and available to city residents and the general public.
(Ord. 1302, 1/23/2024)
The following definitions shall apply in this chapter:
"Available shelter"
means an indoor sleeping space or a space at a permitted
camping location where the person in question (1) would be lawfully
permitted to sleep overnight, (2) has the means to relocate to the
shelter, and (3) would not face any barriers to entering the shelter,
including, but not limited to, required fees that the person cannot
pay or required participation in religious programming to which the
person objects.
"Camp" or "camping"
means residing in or using any property for living accommodation
purposes, such as sleeping or making preparations to sleep (including
laying down bedding for the purpose of sleeping), setting up or occupying
camp facilities, storing personal property, making any fire, regularly
cooking meals, or setting up or using any camp paraphernalia. These
activities constitute camping when it reasonably appears, in light
of all the circumstances, that a person is using the property as a
living accommodation with the intent to camp.
"Camp facilities"
include, but are not limited to, tents, huts, or similar
temporary shelters consisting of any material with a top or roof or
any other upper covering or that is otherwise enclosed by sides that
are of sufficient size for a person to fit underneath or inside while
sitting or lying down, including the use of a tarp or other material
tied or affixed to a structure or bush to create an enclosed area.
"Camp paraphernalia"
means, but is not limited to, tarps, cots, beds, sleeping
bags, other bedding, hammocks, or non-city-designated cooking facilities
or heating equipment and similar equipment.
"Enforcement officer"
means a law enforcement officer, a city code enforcement
officer, or any other person authorized by the city to enforce this
code.
"Flood zones"
means flood areas as determined by the current Flood Insurance
Rate Map (FIRM) published by the Federal Emergency Management Agency
(FEMA).
"Personal property"
means any tangible property and includes, but is not limited
to, goods, materials, merchandise, tents, tarps, bedding, blankets,
sleeping bags, and personal items such as household items, luggage,
backpacks, clothing, food, documents, and medication.
"Prohibited public place"
means any of following locations:
1.
Any portion of Bonita Avenue or Arrow Highway, and any public
property located within 1,000 feet of Bonita Avenue or Arrow Highway;
2.
All city-owned or leased buildings and facilities, or those
owned or leased by the San Dimas Housing Authority, as well as the
entire parcel or parcels on which they are located, including but
not limited to:
c.
San Dimas Stanley Plummer Community Building;
d.
San Dimas Senior Citizen/Community Center;
e.
San Dimas Recreation Center;
i.
Charter Oak Estates Mobile Home Park;
3.
City parks and all structures located therein;
4.
All county-owned property within the city, including, but not
limited to, the Los Angeles County Public Library and county parks,
unless camping is authorized on the property by the county;
5.
All property owned by the Los Angeles County Metropolitan Transportation
Authority or the Metro Gold Line Foothill Extension Construction Authority,
unless camping is authorized on the property by the property owner.
6.
On, under, or within five hundred feet of bridges and highway
underpasses, with the exception of property that is part of a state
highway;
7.
Very high fire severity zones; and
"Public property"
means any city-owned property, county-owned property, all
public right-of-way, property owned by the Los Angeles County Metropolitan
Transportation Authority or the Metro Gold Line Foothill Extension
Construction Authority, and any other publicly owned, operated, or
maintained property in the city, with the exception of state highways.
"Sidewalk"
means that portion of a street between the curb line and
the adjacent property line, whether hard-surfaced or not, or an easement
or right-of-way held by the city across the front of private property,
and intended for use of pedestrians.
"Street"
means and includes all streets, highways, avenues, boulevards,
alleys, courts, places, squares or other public ways in the city which
have been or may hereafter be dedicated and open to public use, or
such other public property so designated in any law of the state.
"Store"
means, in light of all of the circumstances, to put aside
or accumulate for use when needed, to put for safekeeping, or to place
or leave in a location. "Store" does not include keeping one's
personal property next to one's person while lawfully camping,
or while lawfully sitting or standing in a public place.
"Very high fire severity zone"
means a very high fire hazard severity zone, as determined
by the Department of Forestry and Fire Protection pursuant to Government
Code Section 51178, or a very high fire hazard severity zone as indicated
on maps adopted by the Department of Forestry and Fire Protection
pursuant to
Public Resources Code Section 4202.
(Ord. 1302, 1/23/2024)
In the event camp facilities or camp paraphernalia in violation
of this chapter are found by an enforcement officer, a notice shall
be provided to the occupants of the camp facility of the city's
intent to remove the camp facility or paraphernalia at least twenty-four
hours in advance of any action. Notice shall be provided in writing
and shall be served personally on the occupant(s) of the camp facility
present when the enforcement officer attempts to serve notice. In
addition, the enforcement officer shall post the notice in a prominent
place on or near the facilities, so as to reasonably communicate the
notice to persons living at the camp who are not present during the
attempt to serve notice. The notice shall contain the following information:
A. A statement that the camp facility and/or paraphernalia are in violation
of this chapter.
B. An advisement that the city will remove the camp facility and/or
paraphernalia twenty-four hours after the date and time of the notice,
or any longer period of time determined by the city.
C. The date and time notice was served and posted.
D. The address and phone number of where any removed personal property
will be stored and the hours of when the property can be retrieved.
E. That the camp facility and/or paraphernalia will be stored for ninety
days and will be discarded thereafter if not claimed.
F. Information about any housing or shelter and unhoused services available
for the occupants of the camp and contact information for obtaining
the housing, shelter, or other health services.
(Ord. 1302, 1/23/2024)
Prior to taking any enforcement action against any person under
this chapter, the enforcement officer shall offer information to such
person regarding any available housing or shelter and other health
and human services that the enforcement officer reasonably believes
are relevant to the person's individual circumstances. However,
failure to offer such information shall not be grounds to invalidate
or challenge any enforcement action.
(Ord. 1302, 1/23/2024)
The provisions of this chapter shall not apply in the event
of an emergency, including a city-declared emergency or natural disaster,
such as a fire or earthquake, nor to any persons participating in
city-authorized recreational activities in parks within the city,
the Civic Center area, or any other public place or facility, nor
to camping in public areas legally established and clearly designated
for camping purposes, nor to any employee of the city or any public
utility or governmental agency who is required to enter or be in said
areas in the course of their employment.
(Ord. 1302, 1/23/2024)