It is unlawful for any person to camp, or to place, erect, or maintain any tents, house trailers, mobile homes, campers, or any other camping facilities of any kind whatsoever on any public property of this City. It is unlawful for any person to sleep out of doors on any public property, including City parks and beachlands, between the hours of sunset and sunrise.
(Ord. 72 N.S. § 1, 1947; Ord. 226 N.S. § 1, 1956; Ord. 280 C.S. § 1, 1972; Code 1975 § 639.6)
As used in this chapter, the following words and phrases have the meaning set forth in this section:
A. 
"Camp"
shall have the same meaning as in CMC § 1.04.010(B).
B. 
"Camp paraphernalia"
includes, but is not limited to, tents, huts, pillows, tarps, cots, beds, sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that are used to create temporary shelters and accommodations.
C. 
"Enforcement Officer"
shall include any individual designated as such pursuant to CMC § 18.04.050 or any sworn law enforcement officer.
D. 
"Personal effects"
means personal property consisting of the following items:
1. 
Medication, eye glasses, or other medical devices;
2. 
Sleeping bag or bed roll which is sanitary and nonverminous;
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; and
5. 
Personal property with an individual fair market value of $50.00.
E. 
"Public place"
means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public parking lots and private parking lots open to the general public, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place" also includes any public right-of-way, and includes any public streets, sidewalks, alleyways, or passageways that are open to vehicular, bicycle or pedestrian traffic.
F. 
"Store" or "storage"
means to put aside or accumulate for later use or safekeeping, to place or leave in a location.
(Ord. 2025-01 § 2 (Exh. B), 2025)
A. 
An Enforcement Officer may remove personal property unlawfully stored or found in a public place in violation of Chapter 12.32 or this chapter, or CMC Title 17 as follows:
1. 
The location of any personal property, including camping paraphernalia, will be tagged and dated with a notice including the following:
It is illegal to store personal property in public places. If this personal property is not removed by [specify date at least 48 hours from posting], this personal property will be deemed intentionally abandoned and subject to removal and possible destruction.
2. 
The Enforcement Officer may remove any personal property still unlawfully stored or remaining in the public place after the posting period has expired.
B. 
If the unlawful camping or storage of personal property in a public place presents an immediate threat to the public health or safety, an Enforcement Officer may immediately remove the personal property without prior notice.
C. 
Enforcement Officers shall comply with Carmel-by-the-Sea Police Department policies regarding the personal property of the unhoused.
(Ord. 2025-01 § 2 (Exh. B), 2025)
A. 
At the time of removal of any unlawfully stored or remaining personal effects, the Enforcement Officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:
1. 
A list of personal effects removed;
2. 
A telephone number for information on retrieving personal effects;
3. 
The address and hours of operation where personal effects may be collected; and
4. 
The period of time during which the personal effects may be claimed.
B. 
Following removal of unlawfully stored or remaining personal effects, an Enforcement Officer must:
1. 
Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;
2. 
Place the removed personal effects in containers labeled in a manner facilitating identification by the officer and owner and which reasonably protect such property from damage or theft; and
3. 
Store the removed personal effects in a location designated by the City for a period of 90 days.
C. 
If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, the City will release the stored property to the owner upon the following:
1. 
The person claiming ownership identifies the property and approximate location where the property was left by the owner.
(Ord. 2025-01 § 2 (Exh. B), 2025)
A. 
Unlawfully stored or found personal effects removed from a public place and remaining unclaimed at the end of 90 days from removal may be disposed of by the City.
B. 
All other unlawfully stored or found personal property removed from a public place pursuant to this chapter is deemed intentionally abandoned and may be summarily abated and destroyed.
(Ord. 2025-01 § 2 (Exh. B), 2025)