(A) Declaration of legislative intent - purpose. Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public areas for the storage of personal property interferes with the rights of other members of the public to use public areas for their intended purposes and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this section is to maintain public areas in clean, sanitary and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses.
(B) Definitions. The definitions contained in this section shall govern the construction, meaning and application of words phrases used in this section.
ALLEY. Any highway having a roadway not exceeding 25 feet in width which is primarily for access to the rear or side entrances of abutting property.
BIKEWAY. All facilities that provide primarily for, and promote, bicycle travel.
BULKY ITEM or BULKY ITEMS. Any item, with the exception of a rent, that is too large to fit in one of the city's 60 gallon trash containers with the lid closed, including but not limited to a mattress, couch, chair or other furniture or appliance.
HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
PARKWAY. The area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
PERSON. Any individual, group, business, business trust, company, corporation, joint venture, joint stock company, partnership, entity, association, club or organization composed of two or more individuals (or manager, lessee, agent servant, officer or employee).
PERSONAL PROPERTY. Any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, personal items such as luggage, backpacks, clothing, documents and medication, and household items.
PUBLIC AREA or PUBLIC AREAS. All property that is owned, managed or maintained by the city, including all property under the jurisdiction of the Department of Parks and Recreation, and shall include, but not be limited to any street, medial strip, space, ground, building or structure.
ROADWAY. That portion of a highway improved, designed or ordinarily used for vehicular travel.
SIDEWALK. That portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel.
STORE, STORED OR STORING. To put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location.
STREET. Includes every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curbs, bikeway or other public way in this city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENT. Any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter.
TRAIL. A path, track or unpaved lane or road whether used for working, cycling, horseback riding or vehicle traffic.
(C) Impoundment of stored personal property; discard of stored personal property.
(1) No person shall store personal property in public areas.
(2) All stored personal property in public areas may be impounded by the city.
(3) Personal property placed in public areas shall be deemed to be stored personal property if it has not been removed from public areas within 24 hours of service of written notice, requiring such removal. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall not be considered to be removing the personal property from a public area. The city may remove and impound such stored personal property after providing 24 hours written notice. This section shall not apply to personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored on property that is owned or controlled by the city.
(4) Personal property placed in public areas within ten feet of any operational and utilizable entrance, exit, driveway or loading dock may be removed and impounded at any time without prior notice. Post-removal notice shall be provided as set forth in division (D)(2) below.
(5) Personal property placed in a public area which has a clearly posted closure time may be removed and impounded after the closure time, without prior notice. Post-removal notice shall be provided as set forth in division (D)(2) below.
(6) In the event personal property placed in a public area poses an immediate threat to the health or safety of the public, it may be removed without prior notice and discarded.
(7) Bulky items placed in a public area may be removed without prior notice and discarded.
(8) Evidence of a crime or contraband may be removed from a public area without prior notice.
(D) Notice.
(1) Pre-removal notice. The written notice required by division (C)(3) shall be deemed to have been served if a written notice is served on the person storing the personal property, or is posted conspicuously on or near the personal property. The written notice shall contain the following:
(a) A general description of the personal property to be removed.
(b) The location from which the personal property will be removed.
(c) The date and time the notice was posted.
(d) A statement that the personal property has been stored in violation of division (C)(1).
(e) A statement that the personal property will be impounded if not removed from public areas within 24 hours.
(f) A statement that moving stored personal property to another location in a public area shall not be considered to be removing personal property from a public area.
(g) The location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s).
(h) A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
(2) Post-removal notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
(a) A general description of the personal property removed.
(b) The date and approximate time the personal property was removed.
(c) A statement that the personal property was stored in a public area in violation of division (C)(3).
(d) The location where the removed personal property will be located, including a telephone number and internet website of the city through which a person may receive information as to impounded personal property.
(e) A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.
(E) Failure to remove attended personal property. It shall be unlawful to fail to remove attended stored personal property within 24 hours of receiving written notice pursuant to division (C)(3).
(F) Storage and disposal.
(1) Except as specified herein, impounded personal property shall be moved to a place of storage.
(2) Except as specified herein, impounded personal property shall be stored by the city for 90 days pursuant to Eureka Police Department Policy 804, after which time, if not claimed, it may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days.
(3) The city shall maintain a record of the date any impounded personal property was discarded.
(G) Repossession. The owner or any other person entitled to the impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish proof of ownership by, among other methods, describing the location and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property.
(H) Illegal dumping, littering or unlawful disposal. Nothing herein precludes the enforcement of any law prohibiting illegal dumping, littering, or unlawful disposal, including but not limited to Cal. Penal Code § 374.3, and Eureka Municipal Code § 51.41, or any successor statutes proscribing illegal dumping, littering, or unlawful disposal.
(I) Penalties. Any person who violates any provision of this section shall be subject to the provisions of § 10.99 and may be charged with an infraction or misdemeanor at the discretion of the City Attorney.
(Ord. 844-C.S., passed 8-2-16)