A. It is unlawful and a public nuisance for any person to do the following in an encampment located on any public or private property:
1. Camp, occupy camp facilities, or use camp paraphernalia; or
2. Accumulate or fail to properly dispose of waste including, but not limited to hazardous waste, human waste, garbage, debris, and used needles.
B. This section does not prohibit encampments on private residential property by friends or family of the property owner, so long as the owner consents and the encampment is limited to not more than one consecutive night.
C. This section does not prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, this section does not prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Planning and Development Code or other laws, ordinances, and regulations.
D. The city manager may, in his or her discretion, issue a permit to establish, maintain, and operate an encampment in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events, and scouting activities. The city manager may consult with various city departments, the health officer, and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial, or conditioning of the permit. A reasonable fee, to be set by the city council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
E. Notwithstanding the provisions of section 12.100.030, subsection A of this section may be enforced to prohibit encampments on public or private property without regard to the provisions of section 12.100.020.
F. A violation of this section is a misdemeanor. In addition to the remedies set forth in California Penal Code section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter. (Ord. 2022-0011 § 2)12.100.040