As used in this chapter, the following terms have the following definitions:
A. 
"Abandoned personal property"
means personal property that the owner abandons, surrenders, relinquishes, or disclaims. Personal property that is not claimed during the time period set forth in this chapter is considered abandoned.
B. 
"Alcoholic beverage"
means and includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of one percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances.
C. 
"Automotive dwelling"
means that a person's use of a vehicle reasonably appears, in light of all the circumstances, to constitute a place of residence, human habitation, or accommodation based on more than one of the following activities:
1. 
Possessing camp paraphernalia that is not associated with ordinary vehicle use, such as, but not limited to, a sleeping bag, blanket, sheet, pillow, kitchen utensils, cookware, or cooking equipment on the inside of or on a vehicle;
2. 
Obscuring some or all of the vehicle's windows;
3. 
Preparing or cooking meals inside or on a vehicle; or
4. 
Sleeping inside a vehicle.
D. 
"Bulky item"
includes any item that is separately or cumulatively too large or heavy to store such as a mattress or shed.
E. 
"Camp"
means to place, pitch, sleep in, or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile in camp facilities or outdoors. "Camp" encompasses sleeping activities, including lying down or sleeping with or without camping facilities.
F. 
"Camp facilities"
means all temporary or semi-permanent shelters, including, but not limited to, tents, huts, sheds, or structures, for the purposes of sheltering one or more persons.
G. 
"Camp paraphernalia"
means items including, but not limited to, collapsible shelters, cots, air mattresses, sleeping bags, beds, hammocks, bed rolls, blankets, or any similar equipment or materials for the purpose of sleeping, lying, or sheltering one or more persons, or open fires, barbecues, portable stoves or other cooking equipment not provided or approved by the city.
H. 
"Personal property"
means any and all personal tangible items, including, but not limited to, goods, materials, merchandise, camp paraphernalia or facilities, luggage, backpacks, books, clothing, documents, and household goods.
I. 
"Public park"
means any property owned and controlled by the city for general use of the public for passive and/or active recreation purposes.
J. 
"Public property"
means any property owned and controlled by the city that is not a public park, including, but not limited to, buildings, facilities, sidewalks, parking lots, bike paths, trails, and such other publicly owned property for which the city is authorized by contract or permit to maintain. "Public property" shall not include improved rights-of-way, streets, highways, or alleys.
K. 
"Soiled items"
mean any hazardous, toxic, unsanitary, verminous, or perishable items; items soiled by human waste, bodily fluids, or other infectious materials; or items infested by rodents or insects, that would present a health or safety risk if stored.
L. 
"Unattended personal property"
means any tangible property found on public property where no individual present in the immediate vicinity claims or asserts ownership.
M. 
"Vehicle"
refers to nonrecreational automobiles, but does not include motorized recreational vehicles, nonmotorized recreational vehicles, and recreational vehicles as those terms are defined under HMC § 10.28.030.
(Ord. 297 § 2, 2005; Ord. 473 § 1, 2025)
A. 
Parking is prohibited in public parks and on public property between the hours of 10:00 p.m. to 6:00 a.m. except in areas for which different hours are posted and/or adopted by resolution of the city council.
B. 
Parking is permitted only in designated parking areas in public parks for the limited purpose of making use of the public park for passive and/or active recreation activities.
C. 
Parking in public yards and on public property shall be restricted to parking for the purpose of conducting business at a related public facility and/or during the regular business hours of that facility. Parking is prohibited on all public property which is vacant and which does not have a designated parking area.
(Ord. 297 § 2, 2005; Ord. 428 § 1, 2018)
Except as provided in this chapter, it shall be unlawful for any person within the limits of any park or other recreation facility owned or operated by the city to:
A. 
Lead or let loose any animal except:
1. 
Dogs or cats on a leash of not more than six feet long, which are under the full control of a person of at least 13 years old;
2. 
Horses, ponies or the like which are ridden or led on bridle trails or other areas designated for such purposes;
B. 
Light or maintain any fire, except in a stove, fire circle or other place provided for that purpose;
C. 
Throw, project or propel any object capable of causing serious personal injury or damage to property, except that baseball, basketball, football and other games where a ball is used may be played in areas designated for such purposes;
D. 
Park or stand any vehicle in other than a designated parking area, except pursuant to a permit issued by the city;
E. 
Drive any vehicle other than on roads, trails or driveways provided for that purpose, except pursuant to a permit issued by the city;
F. 
Drive any vehicle at a speed in excess of five miles per hour;
G. 
Ride or use playground equipment posted for use by children under the age of 14 years, unless under the age of 14 years;
H. 
Throw, discard, place or dispose of any garbage or refuse upon the ground, or in any place other than a garbage can or other receptacle maintained for such purposes;
I. 
Bring garbage or refuse from outside the limits of the park or recreation facility and deposit the same in garbage cans or receptacles;
J. 
Hold or engage in a musical concert or other musical event without a permit issued by the city;
K. 
Fly fuel-power-driven model airplanes, except in areas designated for such purposes;
L. 
Molest, injure, or kill any animal, or disturb its habitat;
M. 
Play any radio, tape recorder or other electronic sound-producing device at such volume as to be audible at a distance of more than 50 feet;
N. 
Sell or offer for sale any merchandise, article or thing of any kind or nature, except as specifically authorized by written permit issued by the city, or otherwise authorized by agreement of the city council. If the city permits the selling of such product, the seller must obtain the necessary business license and/or permit and such license/permit must be displayed or presented for inspection upon request.
(Ord. 297 § 2, 2005)
A. 
The provisions of HMC § 12.06.030(A)(1) requiring all dogs to be on leash while in public parks within the city, and any similar requirement contained in the city's animal control regulations, shall not apply to the following:
1. 
Any dog used by a law enforcement agency;
2. 
Any dog while participating in a formal dog obedience training program, or any dog participating in a dog show or other program expressly permitted or sponsored by the city;
3. 
Any dog within a posted leash-optional area of any city-owned park, as established by resolution of the city council; provided, however, that nothing herein shall relieve the owner or person having charge, custody, care and/or control of such dog from the responsibility to maintain proper control over the dog. Furthermore, nothing herein shall be construed as relieving such person from any liability for any damages arising out of his or her use of a leash-optional area.
In order to be subject to the exemption set forth in subsection (A)(3) of this section, all persons must comply with all requirements of law and the following rules and regulations when utilizing any leash-optional area:
a. 
No dog is permitted in a leash-optional area, except when in the care, custody and control of a person at least 13 years old. Any person under 13 years of age must be accompanied by and be under the direct supervision of an adult. No person may have more than two dogs in a leash-optional area at any one time. All dogs must be under the voice control of their caretakers at all times. Dogs are permitted in a leash-optional area between dawn and dusk only;
b. 
All dogs must be at least four months of age, vaccinated for rabies, and currently licensed by the city's animal control authority. No dog that is sick, in heat, injured, less than four months of age, licensed, or which displays aggressive behavior toward other dogs or humans is permitted in any leash-optional area. Food or treats for dogs may not be brought into any leash-optional area;
c. 
Any person having care, custody or control of a dog in a leash-optional area shall quiet or remove the dog if it barks excessively;
d. 
Any person having care, custody or control of a dog shall promptly remove and properly dispose of any waste deposited by such dog;
e. 
No animals other than dogs are permitted in any leash-optional area. Dog obedience classes may not be conducted in a leash-optional area without a permit having first been obtained from the city;
f. 
The use of a leash-optional area shall constitute an agreement by any such dog owner or person having the care, custody or control of the dog, to strictly follow the rules in subsection (A)(3) of this section and to assume all risks and to indemnify, defend and hold harmless the city, including its elected officials, officers and employees, with respect to any liabilities, claims, injuries, or other damage to persons or property arising out of, or connected with, such person's use of the leash-optional area.
B. 
The provisions of HMC § 12.06.030 shall not apply to city employees and/or agents, or to the employees or agents of other public entities, who are engaged in the performance of their official duties.
(Ord. 297 § 2, 2005; Ord. 428 § 2, 2018)
The city council may adopt rules and regulations for the issuance of any permit permitted hereunder. Any such permit shall be issued by the city manager or his/her designee.
(Ord. 297 § 2, 2005)
The city manager or his/her designee, pursuant to rules and standards adopted by the city council, may issue permits authorizing exclusive temporary use of specified recreational areas or other areas for groups desiring to engage in specified activities.
(Ord. 297 § 2, 2005)
A. 
For the purposes of this chapter, any person possessing an open container containing an alcoholic beverage, and having an odor of alcoholic beverage on the person's breath, is presumed to be drinking or consuming or attempting to drink or consume an alcoholic beverage at the place where such person is located. This presumption is a presumption affecting the burden of producing evidence, as that term is used in Sections 603 and 604 of the California Evidence Code.
B. 
It is unlawful for any person or persons to drink or consume or attempt to drink or consume any alcoholic beverages while such person or persons are in or upon any public park, street, alley, highway, or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law.
C. 
It is unlawful for any person or persons while in or upon any public park, street, alley, highway or other public place, except in or upon those public places where the drinking or consuming of alcoholic beverages is expressly permitted by law, to offer or furnish or give, or cause to be offered or furnished or given, any alcoholic beverage to any other person or persons with the intention that such person or persons are in or upon any public park, street alley, highway or other public place, except in or upon these public places where the drinking or consumption of alcoholic beverages is expressly permitted by law.
D. 
The city manager is directed to post, or to cause to be posted, as of the effective date of the ordinance codified in this section, or upon the later opening of any new city park, at each entrance to such city park a sign stating, substantially, as follows:
Possession, offering and/or consumption of alcoholic beverages in the City park are a misdemeanor – Highland Municipal Code Section 12.06.070.
(Ord. 297 § 2, 2005)
A park shall be open to the public between the hours of 6:00 a.m. and 10:00 p.m. unless the city council, by resolution or agreement, adopts alternate hours. The city manager shall cause the posting of the park hours upon adoption of a resolution by the city council. The provisions of this section shall not apply to city employees and/or its agents who are engaged in the performance of their duties.
(Ord. 297 § 2, 2005)
A. 
Any person who violates any provision of this chapter shall be guilty of a misdemeanor, unless such an action or failure to act is designated as an infraction or is subsequently prosecuted as an infraction at the discretion of the city attorney or the district attorney, in which case such person is guilty of an infraction.
B. 
Regardless of being guilty of a misdemeanor or an infraction, any person who violates any provision of this chapter may be issued an administrative citation pursuant to Chapter 2.56 HMC for another offense.
C. 
Each person shall be guilty of a separate offense for each and every day during which any violation of this chapter is committed, continued or permitted by any such person, and he or she shall be punishable accordingly.
D. 
All remedies provided under this chapter shall be cumulative. The use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of the Highland Municipal Code.
(Ord. 428 § 3, 2018)
It is unlawful and constitutes a public nuisance for any person to camp, sleep, lay down, or shelter; establish, maintain, occupy, operate, or use camp facilities or camp paraphernalia, including open fires or unapproved cooking equipment; or kindle an open fire, except as permitted under HMC § 12.06.030 on public property, or in any public park or right-of-way, street, highway, or alley.
(Ord. 473 § 2, 2025)
A. 
No person or persons shall stand, sit, linger, idle, loiter, or lay down on any street, alley, highway, right-of-way, sidewalk, park, or other public property, or in or about the entrance or exit of any public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place, or in a manner that impedes passage within the meaning of the American with Disabilities Act.
B. 
No person in violation of this section shall refuse or fail to disperse or vacate when directed by a police officer or designated city officials or any agent acting on their behalf.
(Ord. 473 § 3, 2025)
A. 
It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public park, or on any public right-of-way, street, highway, alley, or other public property.
B. 
The city may collect and impound any unlawfully stored personal property including, but not limited to, unattended personal property, in any public park, or on any public right-of-way, street, highway, alley, or public property.
C. 
Prior to removing an item, the city shall serve a written notice on the personal property owner at their last known address by personal service or certified mail, or if the person or address cannot be reasonably identified or located, post the notice prominently and conspicuously on the stored personal property. The pre-removal notice shall contain the following information:
1. 
A general description or reference photograph of the personal property.
2. 
The location where the personal property was found.
3. 
The date and time the notice was posted.
4. 
The section of the Highland Municipal Code that is being violated.
5. 
A statement that the personal property will be impounded if not removed within 48 hours.
6. 
The location where the personal property will be moved to and stored if it is not removed within 48 hours.
7. 
A statement that impounded personal property will constitute abandoned personal property, subject to disposition in a manner deemed appropriate by the chief of police or community development director, if not claimed within 30 days after impoundment.
8. 
A statement that the owner shall be responsible for all costs of removal, storage, and disposal of the personal property, unless the owner obtains an advance hardship waiver as set forth in subsection G of this section.
9. 
A notice that the city may sell, donate, or otherwise dispose of the impounded personal property if not claimed within the prescribed time period.
D. 
The city may waive the pre-removal notice provisions set forth in subsection C in the following exigent circumstances where immediate removal without 48-hour notice is necessary:
1. 
The city must immediately remove or dispose, as appropriate, a soiled item, or any other item that poses a public health, welfare, and safety risk. Such unsafe items include, but are not limited to, needles, sharp tools, chemicals, moldy items, controlled substances, contraband, trash, debris, items that pose a fire or explosion risk, or other personal property that has been commingled with soiled items.
2. 
The city must immediately remove personal property that restricts emergency response personnel and vehicle access or otherwise obstructs free passage on public property as necessary to protect public health, safety, or welfare.
3. 
The city must protect the public from any other imminent threat to life, safety, health, or infrastructure.
E. 
The city will not store bulky items, soiled items, or any other unsafe items as set forth in subsection D of this section.
F. 
Following removal of personal property, the city shall leave or post a notice for a minimum of 10 days at or as near as possible to the location where the personal property was collected, or on the city's website if the city cannot post a notice.
This notice shall include the following information:
1. 
A general description of the personal property that was removed;
2. 
The date and approximate time the personal property was removed;
3. 
A statement that the item was removed because it was unlawfully stored in violation of the Highland Municipal Code;
4. 
The address where the personal property is being stored;
5. 
The process by which the personal property owner may claim the item, including contact information for the storage location and hours a person may claim ownership; and
6. 
The date on which stored items will be disposed if not claimed within 30 days.
G. 
A property owner whose personal property was impounded may request an advance hardship waiver from the city finance department within 10 days of the pre-removal notice date. The city shall stay the requirement to pay associated costs until the city finance department determines whether to issue the waiver.
The city finance department may waive the payment requirement and issue the advance hardship waiver only if the person submits a sworn affidavit, along with any supporting documents or materials demonstrating the person's financial inability to pay the full amount of the costs, to the satisfaction of the finance department. If the finance department determines not to issue the waiver, the person shall remit the deposit to the city within 10 days of the decision date or the first business day following the service of that decision, whichever is later. The city shall provide a written determination with reasons to issue or not issue the waiver, and shall make reasonable efforts to serve the decision upon the person who applied for the waiver. The owner may appeal the city finance department's decision to the city manager by submitting a new request for a hardship waiver within 10 days from the date of service of the finance department's determination; otherwise, the city finance department's written determination shall be final. If the city manager issues a written determination to deny the waiver, the person shall remit the deposit to the city within 10 days of the date or the first business days thereafter, whichever is later. The city manager's written determination, which shall provide the city manager's reasoning, shall be final upon appeal.
H. 
Unless the owner obtains an advance hardship waiver subject to the process set forth in subsection G of this section, the owner of the impounded personal property shall be assessed actual moving, storage, appraisal, advertising, disposal, or other related expenses, and may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership or entitlement and payment of all such unpaid charges. Additionally, the owner of impounded personal property shall bear responsibility for the risk of any loss or damage to the impounded personal property.
I. 
The city shall deduct all fees, unpaid debts, pending charges, and all expenses of handling, storage, appraisal, advertising, and other incurred sale expenses from the proceeds of any sale of the impounded personal property. Any amount remaining shall be held in trust for the owner of the personal property for 30 days after sale, after which time the proceeds shall be paid into the general fund.
J. 
The city shall maintain a record of the date and method of disposal of the impounded personal property, including the consideration received for the property, if any, and the name and address of the person taking possession of the personal property.
K. 
The city and its officers, employees, and agents shall not be liable to the owner of impounded personal property for the disposal of any personal property pursuant to this chapter.
L. 
The provisions of this section shall not apply to any personal property or money subject to confiscation pursuant to state or federal laws or to personal property or money that constitutes evidence in an ongoing criminal investigation or civil proceeding pursuant to state or federal law.
(Ord. 473 § 4, 2025)
A. 
It is unlawful to use a vehicle as an automotive dwelling.
B. 
Nothing herein precludes the enforcement of any other laws such as parking restrictions including, but not limited to, prohibitions on overnight parking pursuant to HMC § 12.06.020 and permitting requirements for recreational vehicles under Chapter 10.28 HMC.
(Ord. 473 § 5, 2025)
A. 
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of the chapter is deemed guilty of a misdemeanor subject to HMC § 1.24.010.
B. 
Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed a punishable offense as provided in this chapter.
C. 
Any violation of this chapter may result in the issuance of an administrative citation subject to Chapter 2.56 HMC.
D. 
The provisions of this chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.
(Ord. 473 § 6, 2025)
This chapter shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the city:
A. 
Where the city has designated the area for such purposes and the activity has been permitted as a temporary use or special event pursuant to the provisions of this code regulating temporary special events; or
B. 
Where a gathering, meeting or event is sponsored or conducted by the city.
(Ord. 473 § 7, 2025)