The city council finds as follows:
A. 
A principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, stormwater, and waste disposal;
B. 
Destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, impeding safe access for pedestrians and vehicles, or other causes; and
C. 
Destruction of, damage to, or interference with critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on, or near wildfire risk areas and critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near designated wildfire risk areas and critical infrastructure, and as necessary to keep public rights-of-way clean and available for public use.
(Ord.749-2022 § 4 (Exh. A), 2022)
When used in this chapter, the following words and phrases have the following meanings:
"Camp"
means to reside in the outdoors for living accommodations purposes, including sleeping or making preparation to sleep (such as laying down bedding for the purpose of sleeping), storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, luggage, backpacks, kitchen utensils, cookware, and similar items), or erecting a tent or other temporary shelter.
"Critical infrastructure"
means real property or a facility, whether privately or publicly owned, as designated by resolution of the city council, that the city council designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
"Debris"
means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.
"Facility"
means a building, structure, equipment, system, or asset.
"Fire prevention official"
means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer with jurisdiction over the city.
"Garbage"
means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any nonputrescible material mixed in the same container with or contaminated by putrescible waste. Garbage does not include source-separated recyclables or yard waste.
"Hazardous waste"
has the same meaning as in California Public Resources Code Section 40141.
"Infectious waste"
has the same meaning as in 14 CCR Section 17225.36.
"Waters of the state"
has the same meaning as in California Water Code Section 13050(e).
"Wildfire risk area"
means land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by a fire code official, as defined in 24 CCR Part 9, Section 202, and approved by resolution of the city council.
(Ord.749-2022 § 4 (Exh. A), 2022)
A. 
It is unlawful and a public nuisance for any person to camp at the following locations:
1. 
Critical infrastructure;
2. 
Within fifty feet of critical infrastructure;
3. 
Within fifty feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. 
Wildfire risk area;
5. 
Within one hundred fifty feet of the high water mark of the waters of the state; and
6. 
Within five hundred feet of a well site.
B. 
No person shall camp or obstruct a street, sidewalk, or other public rights-of-way by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property:
1. 
In a manner that impedes pedestrian passage on any sidewalk or walkway;
2. 
Within ten feet of any driveway or loading dock; or
3. 
Within ten feet of any building entrance or exit.
C. 
No person shall occupy or use an area greater than ten feet by ten feet for storage of unattended personal property on any city-owned parcel.
D. 
No person shall dump gray water, which includes wastewater from baths, sinks, washing machines, and other kitchen appliances, or black water, including sewage water, onto sidewalks, streets, parks, open spaces, storm drains, waterways, or any other facilities not intended for gray water or black water disposal.
E. 
No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public rights-of-way open to use by bicycles, by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public rights-of-way, as specified.
F. 
This section does not prohibit camping on private residential property with the consent of the property owner.
G. 
Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful users of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the planning and development code or other laws, ordinances, and regulations.
(Ord.749-2022 § 4 (Exh. A), 2022)
A. 
Any violation of Section 9.35.030 occurring on city-owned property may be abated by the city upon seventy-two hours of prior notice posted at the location of the violation, or may be abated immediately by the city without prior notice, if the violation poses an imminent threat to public health or safety.
B. 
Abatement by the city pursuant to subsection A of this section may include, but is not limited to, removal of personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
C. 
Any violation of Section 9.35.030 occurring on private property may be abated by the city in accordance with Chapter 1.15 or 1.20.
D. 
Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law, and is liable for violations thereof.
E. 
The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 1.14.
(Ord.749-2022 § 4 (Exh. A), 2022)
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of abatement pursuant to this chapter.
(Ord.749-2022 § 4 (Exh. A), 2022)
A. 
Violations of this chapter shall be punishable as a misdemeanor.
B. 
In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapters 1.12, 1.14, and 1.18.
C. 
All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(Ord.749-2022 § 4 (Exh. A), 2022)