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A. Except as otherwise provided in this Chapter, it is unlawful and a public nuisance for any person to camp on any public property or any private property which is not operated and maintained as a campground in conformance with the regulations set forth in Title 19 of this code. It is a violation of this section to set up provisions for the purpose of camping whether or not a full night is actually spent at the location.
B. The prohibition of this section shall not apply:
1. In the event of an emergency, including a city declared emergency or natural disaster, such as a flood or earthquake.
2. To events that are approved or sponsored by the city.
(Ord. 2369; Ord. 2567 (part))
Nothing in this chapter shall prohibit overnight camping in a recreational vehicle which is parked on a public street when the occupants of the recreational vehicle are guests of the owners or occupants of an adjacent residential property, and:
A. The recreational vehicle is legally parked directly adjacent to the residential property where the occupants are guests;
B. The overnight camping in the recreational vehicle at that location does not extend for a period of more than seven (7) consecutive days; and
C. The recreational vehicle is self-contained and does not require hook-ups to the adjacent residential property.
(Ord. 2369; Ord. 2567 (part))
A. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council or by valid license or permit:
1. Any park;
2. Any street;
3. Any public parking lot or public property, improved or unimproved; and
4. On or adjacent to any waterway as defined in Section 9.20.050 of this code.
B. Moving personal property to another location upon public property or returning personal property to the same block of public property on a daily basis shall be considered storing and shall not be considered to be removing the personal property from public property. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored with permission of the city or state on real property that is owned or controlled by the city.
C. No person shall store any personal property upon public property in such a manner as to obstruct city operations, including street or sidewalk maintenance or cleaning, or park or landscaping maintenance, repair or irrigation. Without prior notice, the city may temporarily move personal property, whether attended or unattended, which is obstructing city operations upon public property during the time necessary to conduct the city operations.
D. No person shall store any personal property upon public property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act of 1990 as amended from time to time (ADA). Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property in such a manner that it does not allow for passage as required by ADA.
E. No person shall store any personal property within ten feet of any operational and useable entrance, exit, driveway or loading dock. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property within ten feet of any such area.
F. No person shall store any personal property upon public property that has clearly posted closure time, after the posted closure time. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored upon public property within ten feet of any such area.
(Ord. 2466 §2; Ord. 2567 (part))
City employees as designated by the City Manager may remove personal property unlawfully stored or found on public property as outlined in Section 9.20.050 as follows:
A. Written notice shall be posted at the location whereupon any personal property, including camp facilities and camp paraphernalia, is unlawfully stored. Such written notice shall advise of the violation of Section 9.20.050 and provide warning that property not removed within 24 hours shall be deemed abandoned and subject to removal and possible destruction.
B. City personnel may remove any personal property unlawfully stored or remaining on public property after the posting period has expired. City personnel shall offer the person claiming ownership of the personal property, if any, a shelter space, as defined by Section 9.20.020.
C. Personal property which poses an imminent threat to public health or safety, is contraband or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by City personnel or police and stored or destroyed according to the provisions below.
D. At the time of removal of unlawfully stored or remaining personal property, City personnel shall conspicuously post and date a notice either at the exact location from which the personal property was removed or at another nearby location giving the following information:
1. A general description of the personal property removed;
2. The date and approximate time the personal property was removed;
3. A statement that the personal property has been stored in violation of section 9.20.050;
4. The address where removed personal property will be located, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property;
5. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
E. Following removal of unlawfully stored or remaining personal property, City personnel shall do the following:
1. Maintain an inventory identifying the personal property, where the personal property is approximately located, and a reasonable estimate of value for such personal property;
2. Place the removed personal property in containers labeled in a manner facilitating identification by City personnel and owner and which reasonably protect such property from damage and theft;
3. Store removed personal property in an area designated by City for a period of 90 days.
F. Personal property stored by the City which is claimed within 90 calendar days from removal shall be released to the person claiming ownership provided that person identifies the property and the approximate location where the property was left.
G. Personal property which remains unclaimed after 90 calendar days is deemed intentionally abandoned and may be summarily abated and destroyed.
(Ord. 2567 (part))
Violation of this chapter shall be a misdemeanor or an infraction and may be enforced by the filing of a criminal action by the city attorney or the issuance of an administrative citation in accordance with Chapter 1.15 of this code.
This section is not applicable to unsheltered individuals when there is no available shelter space, as defined in Section 9.20.020, for the unsheltered individual otherwise in violation of Chapter 9.20.
(Ord. 2479 §§5, 6; Ord. 2567 (part))
Before issuing a citation or making an arrest to enforce this chapter, an officer charged with its enforcement who observes a violation must:
1. Orally notify the person engaged in the prohibited conduct that he or she is in violation and order them to cease the prohibited conduct;
2. Inform the person that resources and shelter space are available; and
3. Offer the person engaged in conduct prohibited by this chapter an available shelter space, provide information regarding any other health and human services that said officer reasonably believes are relevant to the individual and their circumstances, and offer to provide transportation for the individual to the available shelter space.
It is an affirmative defense to a prosecution under this section that any person so notified as described in this section promptly ceased, within a time reasonable under the circumstances, to engage in the prohibited conduct following such notification.
(Ord. 2567 (part))