Chapter 12.24
CAMPING ON PUBLIC AND PRIVATE PROPERTY
Sections:
12.24.040 Storage of personal property on public and private property.
12.24.050 Permit for special events required.
12.24.010 Purpose.
The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures, and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. (Ord. 475 §1(part), 2016)
12.24.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
A. "Camp" means to place, pitch, or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
B. "Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
C. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
D. "City administrator" means the city administrator or designee.
E. "Establish" means setting up or moving equipment, supplies, or materials onto public or private property to "camp" or operate camp facilities.
F. "Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.
G. "Operate" means participating or assisting in establishing or maintaining a camp or camp facility.
H. "Park" means the same as defined in Chapter 17.09.
I. "Private property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.
J. "Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.
K. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
L. "Street" means the same as defined in Chapter 17.09. (Ord. 475 §1(part), 2016)
12.24.030 Unlawful camping.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:
1. Any public property; or
2. Any private property.
B. It is not intended by this section to prohibit overnight camping on private residential property by friends, family, or guests of the property owner, so long as the owner consents and the overnight camping is limited to not more than three consecutive nights.
C. Nothing in this chapter is intended to 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, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by the zoning code or other laws, ordinances, and regulations.
D. The city administrator may, as provided in this chapter, issue a temporary permit to allow camping on public property in connection with a special event. (Ord. 475 §1(part), 2016)
12.24.040 Storage of personal property on public and private property.
A. It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
1. Any public property; or
2. Any private property without the written consent of the owner. (Ord. 475 §1(part), 2016)
12.24.050 Permit for special events required.
A. The city administrator may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility 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, charitable, or school events, marathons, or other sporting events and scouting activities. The city administrator 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 administrator 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.
B. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the city administrator in accordance with the provisions of this chapter.
C. The city administrator is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The city administrator may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises.
D. When the city administrator shall issue any permit under this chapter, the same may be revoked at any time thereafter by the city administrator if the city administrator becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety, and welfare. (Ord. 475 §1(part), 2016)
12.24.060 Violations.
A violation of this chapter is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city may institute civil actions to abate a public nuisance or invoke any remedy provided for in Chapter 1.16, 1.17, 1.18 or 1.19. (Ord. 475 §1(part), 2016)