Section
8.44.010 Purpose and intent
8.44.020 Definitions
8.44.030 Storage of personal property in public areas prohibited
8.44.040 Chief of Police to receive stored personal property
8.44.050 Notice prior to impoundment
8.44.060 Notice upon impoundment
8.44.070 Holding and disposal of stored personal property
8.44.080 Owner may claim personal property
8.44.090 Unclaimed personal property to be used by city or sold at auction-notice
8.44.100 Conduct of auction
8.44.110 Proceeds to be deposited in general fund
8.44.120 Unsalable and unusable personal property
8.44.130 Dangerous or perishable personal property; evidence
8.44.135 Prohibited camping
8.44.136 Unlawful obstructions
8.44.140 Provisions not applicable
8.44.150 Violations, penalties and enforcement
The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas, and other publicly owned or controlled property within the city should be readily accessible and available to residents, businesses, and the public at large for their intended purposes. The use of these public areas for the storage of personal property or camping interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts public offices, facilities, and services, as well as neighborhoods and commercial areas. The purposes of this chapter are to maintain these public areas within the city in a clean, sanitary, safe, and accessible condition; to adequately protect the health, safety, environment, and general welfare of the community; and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses, and visitors in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property.
(Ord. 1185, passed 10-4-16; Am. Ord. 1217, passed 10-6-20)
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.
ABANDONED PERSONAL PROPERTY. Personal property as to which it reasonably appears that the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment.
ALLEY. Shall have the meaning set forth in § 110 of the California Vehicle Code.
CAMP. To pitch or occupy camp facilities; to use camp paraphernalia.
CAMP FACILITIES. Shall include, but not be limited to, tents, huts or temporary shelters.
CAMPING PARAPHERNALIA. Shall include, but not be limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city provided cooking facilities and similar equipment.
CHIEF OF POLICE. The Chief of Police of the City of Brea, or his or her designee.
CITY CLERK. The City Clerk of the City of Brea, or his or her designee.
CITY MANAGER. The City Manager of the City of Brea, and shall include his or her designee.
COMMUNITY SERVICES DIRECTOR. The Community Services Director of the City of Brea, or his or her designee.
PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping equipment or paraphernalia, money, books, and “shopping carts” or “carts” as defined in this section.
POLICE DEPARTMENT. The Brea Police Department.
PUBLIC AREA. A publicly owned or controlled place, including, but not limited to, any public street, alley, public parking lot, public park, public rights-of-way, public parkway, public sidewalk, public recreational area, public recreational facility, the Brea Civic and Cultural Center and all public areas adjacent thereto, the Brea Library and all public areas adjacent thereto, the Curtis Theater and all public areas adjacent thereto, the Brea Community Center and all public areas adjacent thereto, the Brea Senior Center and all public areas adjacent thereto, and/or any and all other publicly-owned or controlled property in the city. “Public Area” includes places owned or controlled by the County of Orange or another government entity. “Public Area” shall not include any area designated as a public campground pursuant to federal, state or local statute, ordinance or resolution.
SHOPPING CARTS or CARTS. Shall have the meaning set forth in Business and Professions Code § 22435.
STORE, STORED or STORAGE. To place or put aside personal property in a public area or accumulate it for use when needed; to place personal
property in a public area for safekeeping; and/or to leave personal property unattended in a public area.
STREET. Shall have the meaning set forth in § 590 of the California Vehicle Code.
(Ord. 1185, passed 10-4-16; Am. Ord. 1217, passed 10-6-20; Am. Ord. 1253, passed 2-4-25)
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