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)