This chapter is not intended to limit or prohibit the rights of any property owner over property, including but not limited to rights of a property owner to enforce trespassing laws or to maintain hours of operation. The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.
Public Place. "Public place" includes any of the following:
1. Any area inside a city or school district building that is open to the public during its normal operating hours;
2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;
3. Any unenclosed area outdoors, owned or occupied by the city and used for public purposes, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure or other lawful purpose: this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, trails and parks.
Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians; any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian’s destination; and outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.
Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.
City Building/City Property. "City property or city building" means any property or building which is owned or occupied by the city or any of its agencies and which is used for public purposes.
School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes.
School. "School" means any public or private elementary school, junior high school, four-year high school, or continuation high school.
Available Shelter. "Available Shelter" means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
Basin or Basins. "Basin or basins" mean drainage basins or swales intended to collect intermittent flows of water, including but not limited to stormwater, flood control, or water placed into basins for purposes of groundwater recharge. This does not include dual purposes basins that are identified as parks and recreation areas and landscaped with turf improvements but can also serve as drainage basins to collect water, those areas are subject to applicable park rules and regulations.
Camp, Camping or Camping Facilities. "Camp," "camping" or "camping facilities" means placing, setting up or utilizing a camp or camping equipment or camping paraphernalia for living accommodation or lodging purposes in the outdoors. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
Camping Equipment or Camping Paraphernalia. "Camping equipment" or "camping paraphernalia" means tents, tarpaulins, temporary shelters whether commercially produced or improvised, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors.
Ditch Bank. "Ditch bank" means an embankment built to prevent the overflow of a ditch or built to allow travel along the ditch for the operation and maintenance of the ditch.
Levee. "Levee" means an embankment built to prevent the overflow of a river or stream and includes manmade embankments and naturally occurring ridges of sediment deposited alongside the river or stream by water flows.
Riparian Setback Area. "Riparian setback area" shall mean the space owned or managed by the city under applicable policies, regulations, rules of development, or consist of an area designated by the city as space that cannot be developed due to its proximity to the waterway, these areas include but are not limited to areas where the city has installed recreational trails along with protecting, restoring, and enhancing corridors of native riparian vegetation in the areas around waterways, although these trails are also subject to applicable park rules and regulations. This does not include pocket parks or greenbelt areas with turf or other grass areas that similar to a traditional park, these types of facilities are governed by the rules and regulations for parks and recreational areas. It also does not include private property or property owned by the city that is fenced to prevent access or posted indicating that trespassing is prohibited, such areas are closed to the public at all times.
Waterway. "Waterway" shall mean a river, stream, a man-made ditch, or an altered watercourse. Acknowledging that the streams and watercourses do not typically flow over the entire course of the year the term waterway shall be applied at all times regardless of whether the waterway is dry or containing water. These provisions are not intended to restrict or impact the rights of the persons to utilize navigable waters of California.
(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)