CHAPTER 9.04: SAN BENITO RIVER REGULATIONS

Section

   9.04.001   Definitions

   9.04.002   Prohibition; encampment on private property

   9.04.003   Prohibition; encampment on public property in the San Benito River

   9.04.004   Storage of personal property in the San Benito River Area

   9.04.005   Enforcement

§ 9.04.001 DEFINITIONS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CAMP. To pitch or occupy camp facilities, or to use camp paraphernalia, for living purposes in an outdoor area.

   CAMP FACILITIES. Include, but are not limited to tents, huts, tarpaulin shelters, unapproved shacks, or temporary shelters.

   CAMP PARAPHERNALIA. Includes, but is not limited to tents or tent-like structures, cots, beds, sleeping pads, hammocks, or personal cooking facilities and similar equipment.

   PERSONAL EFFECTS. For the purposes of § 9.04.004, personal property consisting of the following items:

      (1)   Medication, medical devices, eyeglasses, or other prescription lenses;

      (2)   Sleeping bag or bed roll which is sanitary and non-verminous;

      (3)   Tents in usable and reasonably good condition;

      (4)   Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous.

      (5)   Non-perishable food items; and

      (6)   Personal property with an estimated individual fair market value of at least $50.

   SAN BENITO RIVER or the SAN BENITO RIVER AREA. All portions of the San Benito River, as shown on United States Geological Survey Quadrangle Maps, located in the unincorporated County of San Benito which is designated as a 100-year flood zone by the Federal Emergency Management Agency (FEMA). The precise boundaries are depicted on the San Benito County's Geographic Information System (GIS), available at https://cosb.maps.arcgis.com/home/index.html.

   STORE. To put aside or accumulate for use when needed, to place for safekeeping, or to put, place, or leave in a particular place, whether attended or unattended.

(Ord. 1,025, § 2)

§ 9.04.002 PROHIBITION; ENCAMPMENT ON PRIVATE PROPERTY.

   It is unlawful for any person to camp in or on any occupied or unoccupied private property without the express written permission of the owner or person in current lawful possession of the property.

(Ord. 1,025, § 2)

§ 9.04.003 PROHIBITION; ENCAMPMENT ON PUBLIC PROPERTY IN THE SAN BENITO RIVER.

   (A)   It shall be unlawful for anyone to camp, sleep, shelter, or reside on any public property in the San Benito River.

   (B)   No person shall have any fire or campfire, propane, gasoline or kerosene stove on public property in the San Benito River, except as otherwise allowed by this Code or by license or permit, or in an area designated for such purposes by the county.

   (C)   Division (A) shall not be enforced unless there is space for the individual(s) at an alternative shelter location as set forth in § 9.04.005. Due to the high fire danger, division (B) may be enforced at any time.

(Ord. 1,025, § 2)