As used in this chapter:
"Beach"means those areas as defined in Carlsbad Municipal Code Section
11.32.020.
"Camp"means to use camping implements in an outdoor area or to erect or occupy a camp facility for living accommodations purposes such as sleeping activities, preparations to sleep (including the laying down of bedding for the purpose of sleeping), storing personal property, or making a campfire. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in these activities are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" does not include picnicking, sitting, lying, or sleeping in an outdoor area or in a camp facility that is not being used for living accommodations purposes. This definition shall not limit enforcement of Chapter
8.38 "Obstruction of Property, Trespass and Disorderly Conduct."
"Camp facility"means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping, living accommodations purposes, or carrying on cooking activities. "Camp facility" also includes a vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping or living quarters.
"Camping implements"means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets, luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel"means the Police Department and its third-party contractors and any other city employees or third-party contractors designated by the City Manager.
"Highway"means a way or place of whatever nature, publicly maintained and open to public use for purposes of vehicular travel.
"Open space"means any parcel of land or water which is unimproved and devoted to an open space use, and which is designated as an Open Space Zone in Title 21 of this code.
"Park"means those areas as defined in Carlsbad Municipal Code Section
11.32.010.
"Parkway"means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
"Person"is defined as any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights or duties.
"Personal property"includes the following items:
1. Medication, medical devices, eyeglasses, or other prescription lenses;
2. Sleeping bag or bed roll which is sanitary and non-verminous;
3. Tents in usable and reasonably good condition;
4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous;
5. Nonperishable food items; and
6. Personal property with an estimated individual fair market value of at least $50.00.
"Public place"means any property in the city-owned, leased, licensed, or operated by a public entity that is accessible to the public, including any of the following: parks, beaches, alleyways, parking lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space, sidewalks, curbs, and public educational institutions.
"Shelter"means a structure designed to provide homeless persons and unstably housed individuals with overnight sleeping accommodations and relief from the elements. The "shelter" may offer meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include a safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity.
"Sidewalk"means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation, for pedestrian travel.
"Store"means to put aside or accumulate for use when needed, to place for safekeeping, or to put in place or leave in a particular place, whether attended or unattended.
"Street"means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in the city dedicated and open to public use, or such other public property so designated by state law.
"Tent"means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric.
"Unattended personal property"means no person is present with an item or items of personal property who asserts or claims ownership over the personal property. Indicia of unattended personal property includes, but is not limited to, the act of leaving the personal property in a public place so that it may be appropriated by the next comer. Personal property is not considered "unattended" if a person is present with the personal property and the person claims ownership over the personal property.
"Vehicle"has the same meaning as in California Vehicle Code Section
670, as it may be amended from time to time.
(Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021; Ord. CS-487, 3/18/2025)