The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts the community. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.
(Ord. 2369; Ord. 2567 (part))
As used in this chapter, the following words and phrases have the meanings set forth in this section, unless the context in which any such word or phrase is used clearly requires another meaning:
A. “Camp” means to place, pitch or occupy camp facilitiesfor, in light of all the circumstances, the apparent purpose of overnight occupancy, in a public park or other public property. Apparent overnight occupancy includes sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping). The act of sleeping on its own does not constitute camping.
B. “Camp facilities” include, but are not limited to, tents, huts, vehicles, recreational vehicles, or temporary shelters.
C. "Camp paraphernalia" means, but is not limited to, tarpaulins, cots, beds, bed rolls, sleeping bags, hammocks.
D. "Personal Property" means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, blankets, sleeping bags, personal items such as household items, luggage, and backpacks.
E. "Public property" means any publicly owned property in the city, including but not limited to, a public park, public street, alley, lane, public right-of-way, or any public parking lot or public area whether improved or unimproved, located within the city.
F. “Recreational vehicle” means any of the following:
1. “Travel trailer” means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for camping, travel, recreational, and vacation uses permanently identified as a travel trailer by the manufacturer;
2. “Camper” means a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render as suitable for use as a temporary dwelling for camping, travel, recreational and vacation purposes;
3. “Motorized home” means a portable, self-contained dwelling designed and constructed as an integral part of a self-propelled vehicle; and
4. “Full tent trailer” means a canvas folding structure mounted on wheels and designed for camping, travel, recreational, and vacation use.
G. "Shelter space" means any temporary and available housing shelter that offers free overnight sleeping accommodations to an unsheltered individual. Shelter space shall be considered available if:
1. A shelter space is open and accessible;
2. The shelter space is within the City boundaries;
3. In the case of a family unit, the shelter space is open and accessible, and the shelter space requires adult men and women to sleep separately.
Shelter space shall not be considered available if:
1. In the case of a family unit, the family would have to be separated into two or more different shelter spaces;
2. The individual would be disqualified from accessing the shelter space due to any restrictions, rules or covenants beyond their use or control; or
3. The shelter space requires mandatory participation in a program or act as a prerequisite to access or use the shelter space.
H. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property.
I. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.
J. "Unsheltered individual" means an individual that lacks a fixed, regular and nighttime residence and lives in a recreational vehicle, tent, van or on the street or in any other makeshift shelter.
(Ord. 2369; Ord. 2567 (part))
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))
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