Chapter 8.22
UNAUTHORIZED CAMPING, SLEEPING AND
STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY1
Sections:
8.22.010 Purpose.
The public streets and areas within the city should be readily accessible and available to residents and the public at large for use consistent with the public areas’ designated purpose. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for the purposes for which those areas were intended. The purpose of this chapter is to maintain public streets and areas within the city in a clean and accessible condition. [Ord. 2010-126 § 1 (Exh. A)].
8.22.020 Definitions.
The following definitions apply to the use of these terms for purposes of this chapter:
“Aliso Viejo Ranch” means the Aliso Viejo Ranch and its related facilities that include, without limitation, the parking lot and structures that are located at 100 and 110 Park Avenue, Aliso Viejo, California 92656.
“Camp” means to place, erect, maintain, pitch or occupy camp facilities and/or to use camp paraphernalia.
“Camp facility” includes, but is not limited to, tents, huts, or other temporary physical shelters, including, but not limited to, cots, beds, sleeping bags, hammocks or bedrolls.
“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and similar equipment.
“Public property” means any publicly owned property in the city, including any of the following: public parks, public alleyways, public parking lots, public passageways, public rights-of-way, publicly owned or maintained landscaped areas or greenbelts, sidewalks, curbs, public educational institutions, including properties owned by the Capistrano Unified School District, or other government-owned properties located within the city.
“Sleep” means sleeping at any time between the hours of 11:00 p.m. and 8:30 a.m. in or on any public property or in, on or under any parked vehicle, including any automobile, bus, or truck parked on any of the streets, sidewalks, alleys, public rights-of-way, or any other public property within the city.
“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
“Street” includes, but is not limited to, all highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. [Ord. 2021-221 § 3; Ord. 2010-126 § 1 (Exh. A)].
Cross-reference: definitions generally, AVMC 1.02.010.
8.22.030 Prohibited – Unauthorized sleeping, camping and storage of personal property on public property.
It is unlawful for any person to sleep, camp and/or store personal property on any public property within the city. [Ord. 2010-126 § 1 (Exh. A)].
8.22.040 Exceptions.
This chapter shall not apply to the following:
A. Anyone sleeping or camping in a specified camping area designated by the city. The city council may, by resolution, establish one or more specified camping areas. Such camping areas, if any, may be located on public property.
B. Any event involving camping that is approved or sponsored by the city.
C. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031.
D. The Aliso Viejo Ranch, which is subject to the regulations set forth in Chapter 11.12 AVMC. [Ord. 2021-221 § 4; Ord. 2019-208 § 2; Ord. 2010-126 § 1 (Exh. A)].
Cross-references: violations and penalties generally, Chapter 1.06 AVMC; nuisances, AVMC 8.24.010; camping or lodging in vehicles on city streets prohibited, AVMC 9.04.050; abandoned, wrecked, dismantled or inoperative vehicles, Chapter 9.06 AVMC; streets and sidewalks, AVMC Title 10; parks and public places, AVMC Title 11.