(A) Violation of the San Benito River Regulations shall be deemed a public nuisance, and a misdemeanor subject to criminal or civil enforcement, including administrative citations, in accordance with San Benito County Code.
(B) Before issuing a citation or making an arrest to enforce § 9.04.003(A), an officer charged with its enforcement who observes a violation must:
(1) Notify the person engaged in the prohibited conduct that he or she is in violation;
(2) Inform the person that resources are available through the Homeless Outreach Coordinator; and
(3) Offer the person engaged in conduct prohibited by § 9.04.003(A) an available shelter space or a voucher for a participating hotel or motel to provide shelter at no cost to them and offer to provide transportation for the individual to the shelter or hotel/motel.
(C) It is an affirmative defense to a prosecution under this section that any person so notified as described in division (B)(1) promptly ceased, within a time reasonable under the circumstances, to engage in the prohibited conduct following such notification.
(Ord. 1,025, § 2)