ARTICLE XX. REGULATIONS ON CAMPING

SEC. 7-318. FINDINGS.

   The city council finds that the public areas 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 action can constitute a public health and safety hazard which adversely impacts public property and the use thereof. The purpose of this article is to maintain public places within the city in a clean and accessible condition, to prevent the accumulation of trash and debris, and to prevent the spread of disease and other potential health hazards.

(Ord. No. 2966)

SEC. 7-319. DEFINITIONS.

   For the purposes of this article, the following definitions shall apply.

   (A)   CAMP or CAMPING - One or more of the following activities: pitching or occupying camp facilities, or the use of camp paraphernalia. These activities constitute camping when it reasonable appears, in considering all the circumstances, that the individual, in conducting these activities, is in fact using the area as a living accommodation, regardless of the intent of the individual or the nature of any other activities in which they may be engaging. The act of sleeping, on its own, does not constitute camping.

   (B)   CAMP FACILITIES - Include, but are not limited to, tents, huts, temporary shelters, or other similar facilities.

   (C)   CAMP PARAPHERNALIA - Includes, but is not limited to, tarpaulins, cots, beds, mattresses, sleeping bags, hammocks, cookware, cooking equipment, kitchen utensils, or other similar equipment.

   (D)   CENTRAL BUSINESS DISTRICT - An area in the city that is bounded by: Magnolia Avenue to the north and the north side of Wooley Road to the south. The area is bounded to the west by the west side of C Street from West 1st Street to West 3rd Street; the west alley of C Street from West 3rd Street to West 6th Street, and the west side of C Street from West 6th Street to Wooley Road to the west. The area is bounded to the east by the Oxnard Transit Center property’s easternmost edge, and east alley of Meta Street; the east alley of Oxnard Boulevard from East 7th Street to Driffill Boulevard, and the west side of Donlon Avenue from Driffill Boulevard to the north side of Wooley Road.

   (E)   CITY MANAGER - The city manager or his or her designee.

   (F)   COMMUNITY CENTER PARK EAST - A municipal park in the city, also known to some as Lions Park, that is bordered by West 7th Street to the north; West 9th Street to the south; G Street to the east; and Hobson Way to the west.

   (G)   COMMUNITY CENTER PARK WEST - A municipal park in the city that is bordered by West 7th Street to the north; West 9th Street to the south; Hobson Way to the east; and the east side of Kingfisher Way to the west.

   (H)   OXNARD TRANSIT CENTER - The property located within the Central Business District at 201 East 4th Street, its parking lots and their entrances on both Meta Street and East 5th Street.

   (I)   PERSONAL EFFECTS - Personal property consisting of the following items: medication, medical devices, eyeglasses or other prescription lenses; identification records such as identification cards, birth certificates, social security cards or medical records; sleeping bags or bed rolls which are sanitary and non- verminous; tents in usable and reasonably good condition; clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous; and non-perishable food items.

   (J)   PERSONAL PROPERTY - Tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as furniture, cooking utensils, and books. For the purposes of this article, personal property shall not include real property, vehicles, or animals.

   (K)   PLAZA PARK - A municipal park in the city that is bordered by North 5th Street to the north; South 5th Street to the south; B Street to the east; and C Street to the west.

   (L)   POLICE CHIEF - The chief of police of the city police department or the designee thereof.

   (M)   PUBLIC AREAS - The Central Business District, the Oxnard Transit Center, Community Center Park East, Community Center Park West, Wilson Park, the area of K Street between 2nd Street and 5th Street, and the train tracks abutting Mercantile Street, the are encompassing 25.94 meters to the east and west of the train tracks abutting Mercantile Street bound by fencing, bounded to the north by the south of East Wooley Road and bounded to the south by the north of the Pacific Coast Highway.

   (N)   PUBLIC PLACE - Public property, improved or unimproved, including, but not limited to, open space, parks, plazas, parking lots, streets, bridges, alleys, driveways, sidewalks, and walkways.

   (O)   STORE - To put aside or accumulate for use when needed; to put for safekeeping; to place or leave in a location.

   (P)   UNCLAIMED PERSONAL PROPERTY - Personal property that has been turned into the city and that has not been claimed within a period of 90 days by its true owner or finder.

   (Q)   WILSON PARK - A municipal park in the city that is bordered by the south alley of Deodar Drive to the north; Palm Drive to the south; C Street to the west; and the west alley of A Street to the east.

(Ord. No. 2966, 3044)

SEC. 7-320. CAMPING IN PUBLIC AREAS PROHIBITED.

   (A)   It is unlawful for any person to camp and/or occupy camp facilities in public areas without a permit issued by the city.

   (B)   It is unlawful to cook food in public areas, except as otherwise allowed by this code or by specific permit. This section shall not prohibit cooking in areas designated for such purposes.

   (C)   A violation of this article may be enforced according to the provisions of section 1-10 of the city code.

(Ord. No. 2966)

SEC. 7-321. REMOVAL AND STORAGE OF PERSONAL PROPERTY.

   (A)   Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public place, improved or unimproved, except as otherwise provided by the city manager. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

   (B)   Property removal. The city may remove personal property unlawfully stored or found on public places as follows.

      (1)   The location of any personal property, including camp facilities and camp paraphernalia, shall be noticed as follows:

            “It is illegal to store personal property on a public place such as public open space, parks, and parking lots. If this personal property is not removed within 48 hours of the date of this posting, THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.”

      (2)   The city may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

      (3)   Personal property which has been intentionally abandoned poses an imminent threat to public health or safety, is contraband, or which is evident of a crime, shall not be subject to the above notice requirements and shall be removed immediately by the city and stored or destroyed according to the provisions below.

   (C)   Personal effects. At the time of removal of unlawfully stored personal effects, the city shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information: a general description of the personal effects removed; a telephone number where the personal effects are temporarily stored; and the length of time during which the personal effects may be claimed.

   (D)   Following the removal of unlawfully stored or remaining personal property, including personal effects, the city shall do the following: maintain an inventory identifying the personal property and where the personal property was approximately located; place the personal property in containers labeled in a manner facilitating identification by the city and owner and which reasonably protects such property from damage or theft; and store removed personal property in an area designated by the city for a period of 90 days.

   (E)   Personal property, including personal effects, stored by the city which is claimed within 90 days from removal shall be released to the person claiming ownership provided they identify the property and the approximate location where the property was left.

   (F)   Disposition of property. Personal property which remains unclaimed after 90 days may be dedicated for public use, may be given to a local nonprofit agency for charitable use, or may be destroyed. Intentionally abandoned property may be summarily abated and destroyed.

(Ord. No. 2966)

ARTICLE XXI. PARK AND PARK FACILITY EXCLUSION

SEC. 7-323. FINDINGS.

   The city council finds as follows:

   (A)   City parks and park facilities should be open to use and enjoyment by all city residents, businesses, and visitors during specific hours that the city parks and facilities are open to the public;

   (B)   Violators of local park laws, rules, or regulations infringe upon the enjoyment and use of city parks and park facilities; and

   (C)   In adopting this article, the city council has specifically exempted conduct and activities involved the exercise of First Amendment rights from its application, purpose, and intent.

(Ord. No. 2966)