A. 
The courts and the State Legislature have expressly recognized the power of a city to regulate conduct on streets, sidewalks, or other public places, and has specifically authorized local ordinances governing the use of municipal parks and public property. Recent court decisions have prohibited state and local governments from imposing criminal penalties on homeless persons camping on public property, but the courts have explicitly upheld the authority of state and local governments to enact and enforce ordinances that maintain and protect public safety and public health.
B. 
In accordance with these court decisions, this chapter prohibits certain conduct on public property which will adversely affect the public health and public safety on public property, including a prohibition on the storage and accumulation of trash, debris, and hazardous materials on public property. This conduct has resulted in significant adverse health and safety issues for the people in Pico Rivera.
C. 
The public areas within the city, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for storage and accumulation of trash, debris and personal property interferes with the ability of residents and the public at large to use these areas in a healthy and safe manner for the intended uses. Such storage of trash, debris and personal property and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial and commercial areas. The city's streets, sidewalks, parking lots, parks and other public areas are intended for use by the general public, not for storage of personal, stolen, or abandoned property. Detrimental impacts from illegal storage, or dumping in these public areas which are not designed for such storage include lack of proper water and sanitary facilities to maintain storage areas, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, harborage of disease-carrying rodents and vectors, criminal activities including illegal drug use, deposit and dumping of biological materials, hazardous substances, or hazardous waste, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts or wheeled carts around the city results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public areas within the city, in a clean, sanitary and accessible condition. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property.
(Ord. 1185, 7/9/2024)
The following definitions apply to this chapter.
"Abandoned personal property"
means unattended, but not stored, personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence or location, causes a reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto. In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and lacks objective signs of abandonment. Examples of objective signs of abandonment include, but are not limited to, items located in gutters, placed adjacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings, or a bag of clothes that is open and strewn across a sidewalk. Notwithstanding the foregoing, personal property covered by Section 9.56.060 (B)(1) (Property Associated with Camping) shall not be considered abandoned.
"Critical infrastructure"
means fire or law enforcement stations; hospitals; structures such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water resources. Critical infrastructure also includes real property or a facility, whether privately or publicly owned, that the city manager or designee designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruptions, or destruction would have a debilitating impact on the public health, safety, or welfare.
"Critical use area"
means any of the following areas of city property:
1. 
Within ten feet of any operational or utilizable entrance, exit, driveway, service area, or loading dock, or within, on, or obstructing, any stairway, passageway, hallway, or corridor leading to such areas.
2. 
Within ten feet of critical infrastructure.
3. 
Within five feet of any parking space, whether delineated with space markings or otherwise.
4. 
Any areas upon a sidewalk or other public right-of-way that the American with Disabilities Act requires to be clear of obstructions for purposed of pedestrian and disabled pedestrian traffic.
"Essential personal property"
means tents, tarpaulins, bedding, blankets, sleeping bags, bicycles, trailers, carts, clothing, identification, medical papers or devices, medications, personal items (e.g., photographs and documents) and items necessary to acquire assistance for, or achieve, instrumental activities of daily living. Essential personal property does not include any items intended for commercial purposes, such as items, consumable or, otherwise, for sale, trade, barter, or in consideration of donations.
"Non-essential personal property"
means all items other than essential personal property.
"Person"
means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals.
"Personal property"
means all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, bicycles, shopping carts, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.
"Public property"
means any real or personal property owned or controlled by the city and includes, but is not limited to, any publicly owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within the city of Pico Rivera and such other publicly owned property for which the city is authorized by contract or permit to maintain.
"Store, stored, storage or storing"
means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Tent"
means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.
(Ord. 1185, 7/9/2024)
Except as may otherwise be expressly permitted by the Pico Rivera Municipal Code, no person shall erect any barrier against or join any wires, ropes, chains or otherwise attach any personal property to any public property including any trees or plants including, but not limited to, a building or a portion thereof, playground equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the city's prior written consent.
(Ord. 1185, 7/9/2024)
In the event personal property placed on public property poses an immediate threat to the health or safety of the public, including, without limitation, a threat arising from the personal property containing biological materials, hazardous substances, or hazardous waste, the city may remove and discard it subject to post-removal notice requirements in subsection 9.56.060 (B)(4)(b).
(Ord. 1185, 7/9/2024)
A. 
Abandoned Personal Property. Enforcement personnel may remove and immediately discard any abandoned essential and non-essential personal property located on city property without complying with the pre-removal notice, post-removal notice, storage, and retrieval requirements set for in subsections (B)(4), (B)(5) and (B)(6) below. Notwithstanding the foregoing, any essential or non-essential personal property covered by subsection (B1) (Property Associated with Camping) shall not be considered abandoned.
B. 
Stored Personal Property. Enforcement personnel may remove unattended stored essential and non-essential personal property on city property subject to the following procedures:
1. 
Property Associated with Camping. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare and subject to subsection (B)(2)(Critical Use Areas) below, all essential and non-essential personal property located within a fifteen foot radius of any location where an unhoused individual is camping in accordance with Martin v. City of Boise (9th Cir. 2019) 920 F. 3d 584 shall not be considered abandoned and may be removed subject to the pre-removal notice, post-removal notice, storage, and retrieval requirements set forth in subsections (B)(4)(a), (B)(4)(b), (B)(5), and (B)(6) below.
2. 
Critical Use Areas. Essential and non-essential personal property, including property covered by subsection (B)(1) (Property Associated with Camping) above, that is blocking access to any critical use area and that cannot be moved aside may be removed subject to the post-removal notice, storage, and retrieval requirements set forth in subsections (B)(4)(b), (B)(5) and (B)(6) below. If personal property can be moved aside to not block access to the critical use area, then such property shall be removed in accordance with subsections (B)(1) (Property Associated with Camping) or (B)(3) (All Other Areas), as applicable.
3. 
All other Areas. Essential and non-essential personal property that is not covered by subsections (B)(1)(Property Associated with Camping) or (B)(2)(Critical Use Areas) may be removed in accordance with the following:
a. 
Essential Personal Property. Essential personal property may be removed subject to the pre-removal notice, post-removal notice, storage, and retrieval requirements set forth in subsections (B)(4)(a), (B)(4)(b), (B)(5), and (B)(6) below.
b. 
Non-Essential Personal Property. Non-essential personal property may be removed subject to the post-removal notice, storage, and retrieval requirements set forth in subsections (B)(4)(b), (B)(5), and (B)(6) below.
4. 
Notice to Remove Personal Property.
a. 
Pre-Removal Notice. In instances where pre-removal notice is required, such notice shall:
i. 
Be posted no less than twenty-four hours prior to the removal.
ii. 
Be posted at the site of the personal property.
iii. 
Include the date and time by which the personal property must be removed.
iv. 
Explain that the city will remove and impound the personal property if it is not removed from the city property.
v. 
Detail the procedures for retrieving personal property.
b. 
Post-Removal Notice. In instances where post-removal notice is required, such notice shall:
i. 
Be posted immediately after the removal of personal property.
ii. 
Be posted at the site from which the personal property was removed.
iii. 
Detail the procedures for retrieving personal property.
5. 
Storage.
a. 
Manner and Timing. In instances where storage is required, the city or sheriff shall store removed personal property for ninety days from the date of removal.
b. 
Location. The removed personal property shall be stored at a location or locations in the city that reasonably facilitate retrieval. Personal property will be stored outside subject to weather elements, the city is not liable for any damage.
c. 
Records. The city or sheriff shall keep written records, maintained for at least ninety days following removal, of any personal property stored. The records shall include the date that the personal property was removed, the location from which the personal property was removed, and a general description of the personal property.
6. 
Retrieval. During business hours, the city or sheriff shall within a reasonable time following a retrieval request assist any person seeking to retrieve property stored pursuant to subsection (B)(5) above.
7. 
Unclaimed Property. All unlawfully stored personal property pursuant to this chapter remaining unclaimed at the end of ninety days from removal shall be deemed intentionally abandoned and may be summarily abated or destroyed, or shall be dedicated for public use or may be given for charitable use to a local nonprofit agency, or placed for sale.
8. 
Exceptions. The notice, storage, and retrieval regulations set forth in subsections (B)(4), (B)(5), and (B)(6) above shall not apply to the following:
a. 
Items that present a health and safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and perishable food. Such items need not be stored and may be discarded.
b. 
Items that constitute evidence of a crime or contraband, which may be seized and discarded as permitted by law.
(Ord. 1185, 7/9/2024)
Nothing in this chapter precludes the enforcement of any law, ordinance or regulation of any governmental entity relating to illegal dumping or deposit of hazardous substances.
(Ord. 1185, 7/9/2024)
This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.
(Ord. 1185, 7/9/2024)