Chapter 9.38
UNLAWFUL CAMPING
Sections:
9.38.030 Temporary seizure of property.
9.38.010 Definitions.
As used in this chapter, the following terms shall have the following meaning:
A. “Day care center” means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.
B. “Camp” or “camping” means to engage in any of the following activities at a single camping area within the City for a period longer than twenty-four (24) consecutive hours: place, pitch, or occupy camp facilities; live temporarily in a camp facility or camping area or outdoors; and/or to use camp paraphernalia.
C. “Camping area” includes the primary physical area of occupation of a single camping person.
D. “Camp facilities” includes, but is not limited to, tents, huts, vehicles, or temporary shelter.
E. “Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.
F. “City” means the City of Elk Grove, including its employees and agents.
G. “City Manager” means the City Manager of the City of Elk Grove or their designee.
H. “Encampment” means four (4) or more persons camping together within fifty (50' 0") feet of each other and without permitted electrical power, permitted running water, and/or permitted bathroom facilities that serve that encampment.
I. “Housing support services” means housing support services intended to connect a person with temporary or permanent housing resources.
J. “Playground” means any recreational area specifically designed to be used by children which has play equipment installed, including, without limitation, public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on City, County, or State parks.
K. “Public property” means any real property located in the City and owned in fee title, or its equivalent, by the City or any Federal, State, or local government agency.
L. “Public facility” means any building, structure, or area enclosed by a fence located on public property, whether secured, unsecured, locked, unlocked, open, or enclosed.
M. “Private property” means any real property located in the City and owned in fee title, or its equivalent, by a private person or entity. The fact that private property may contain an easement, lien, or other interest less than fee title, or its equivalent, by a governmental or public agency does not negate the status of the property as private property.
N. “School” means the buildings and grounds of any public or private school used for the purposes of the education of children in kindergarten or any of the grades one (1) through twelve (12) inclusive.
O. “Sidewalk” means any area in the City provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property.
P. “Youth center” means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. [Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.020 Prohibitions.
A. It shall be unlawful and a violation of this chapter for any person or persons to do any of the following on any public property within the City:
1. Camp within five hundred (500' 0") feet of the grounds of any day care center, school, playground, or youth center.
2. Occupy a camping area greater than one hundred fifty (150 ft2) square feet measured from the center of the primary living area of the total camping area.
3. Occupy any encampment.
4. Fail to keep any camping area clean and free of garbage, debris, waste, including without limitation, hazardous waste and/or human waste.
5. Camp in any structure or structures that an authorized City official finds is unsafe for human occupation.
6. Break or damage any lock on any public facility in order to access the public facility, and/or to camp within a public facility.
7. Lock or otherwise impair or impede access of public employees or agents to any public facility.
8. Block, obstruct, or otherwise interfere with access to a public facility, sidewalk, and/or other public right-of-way.
B. It shall be unlawful and a violation of this chapter for any person to camp on private property without the consent of the owner of the private property.
C. Notwithstanding the foregoing, it shall not be a violation of this section or this chapter for a person to camp on public or private property with the express permission of the owner of the property. [Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.030 Temporary seizure of property.
A. Subject to EGMC Section 9.38.050, any person who violates EGMC Section 9.38.020 shall be subject to having their personal property temporarily seized by the City pursuant to this section.
B. Prior to any seizure of personal property pursuant to this section, the City shall provide the owner/possessor of the personal property not less than seventy-two (72) hours’ written notice, on a form prescribed by the City Manager. The written notice may be personally served on the owner of the personal property or posted at the location where the personal property is stored or located.
C. Upon seizure of any personal property pursuant to this section, the City shall provide the owner/possessor with a written receipt itemizing the personal property seized, advising that the personal property will be held by the City for not less than ninety (90) days, that the owner/possessor of the seized property may retrieve such personal property within that ninety (90) day period at an address provided on the receipt, during normal business hours, and that the City may destroy or otherwise dispose of that personal property if not reclaimed and retrieved by the owner/possessor within that ninety (90) day period. Nothing herein shall require the City to store or maintain personal property that is determined by the City to present a health or safety hazard, is soiled by human waste or other contamination, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs.
D. Following seizure of any personal property pursuant to this section, the City shall secure and store the personal property seized, at the City’s expense, for a period of not less than ninety (90) days. Such personal property shall be returned to the owner/possessor upon presentation of the receipt identified in subsection (C) of this section, or such other proof satisfactory to the City that person seeking return of the property is the owner or otherwise has a viable claim to reclaim the personal property. Any personal property not reclaimed within ninety (90) days of its seizure may be destroyed or disposed of by the City, in its discretion. [Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.040 Administration.
The City Manager shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter, to administer the provisions of this chapter. [Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.050 Violations.
A. Any person violating this chapter shall be subject to the following penalty:
1. Temporary seizure of personal property, as set forth at EGMC Section 9.38.030.
2. Prior to the City pursuing the remedy set forth at subsection (A)(1) of this section, the City shall provide the violator, orally or in writing, with information about housing support services. Nothing in this section or this chapter shall require the City to provide housing to such violator.
B. Notwithstanding subsection (A) of this section:
1. Any violation of this chapter may be remedied by a civil action brought by the City Attorney.
2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City by any lawful means.
C. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.
D. Notwithstanding any other provision of this chapter or this code, a person violating a provision of this chapter shall not be subject to any monetary fine or fines. [Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]