Chapter 9.27


9.27.010    Purpose.

9.27.020    Definitions.

9.27.030    Unlawful camping.

9.27.040    Permitted camping.

9.27.050    Unlawful storage of personal property in public places.

9.27.060    Public nuisance declared – Removal of property authorized.

9.27.070    Sleeping in a vehicle, camper, recreational vehicle, or trailer.

9.27.080    Penalty.

9.27.090    City manager administrative authority.

9.27.010 Purpose.

The streets and public areas within the city should be readily accessible and available to residents, businesses and the public at large. The use of these areas for camping purposes or extended 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 that adversely impacts the neighborhoods, commercial property, and general welfare of the city. Camping on private property without the consent of the property owner, the taking of proper sanitary measures, and for a time period other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare. The purpose of this chapter is to maintain streets, parks, creeks and other public and private areas, whether paved or unpaved, within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community. [Ord. 18-1444 § 3, 2018.]

9.27.020 Definitions.

As used in this chapter, the following terms or phrases shall have the indicated meanings:

A. “Camp” or “camping” means to pitch or occupy camp facilities; to live temporarily outdoors; or to use camp paraphernalia.

B. “Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits, or temporary shelters.

C. “Camp paraphernalia” includes, but is not limited to, bed rolls, tarpaulins, cots, beds, sleeping bags, mattresses, hammocks, operational cooking facilities, and similar equipment.

D. “Campsite” means a place used for camping.

E. “Private property” means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.

F. “Public property” means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.

G. “Store” means to put aside or accumulate for use when needed or to place or leave in a location, for no more than 24 hours. [Ord. 18-1444 § 3, 2018.]

9.27.030 Unlawful camping.

It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the city, whether on public or private property, except as expressly permitted by this chapter.

A. It is not intended by this section to prohibit activities of a property owner or other lawful user that are expressly authorized by the Pittsburg Municipal Code or other applicable laws, ordinances and regulations.

B. 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. [Ord. 18-1444 § 3, 2018.]

9.27.040 Permitted camping.

Camping is permitted in the city under the following circumstances:

A. On public property specifically set aside and clearly marked for public camping purposes.

B. In the rear or side yard of a residential structure with the consent of the property owner or occupant, as long as the campsite is separated from the street by a fence, hedge or other permanent obstruction, and is not visible from the public right-of-way. Such camping will not be permitted for more than 48 hours in any seven-day period.

C. In conjunction with events authorized and expressly provided for in a special event or temporary activity permit issued by the city. [Ord. 18-1444 § 3, 2018.]

9.27.050 Unlawful storage of personal property in public places.

It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia, on public property, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter. [Ord. 18-1444 § 3, 2018.]

9.27.060 Public nuisance declared – Removal of property authorized.

Any campsite established in violation of this chapter is declared to be a public nuisance. The city is authorized to abate the nuisance and remove camp facilities, camp paraphernalia, and other personal property located at a campsite, consistent with administrative regulations adopted under this chapter. [Ord. 18-1444 § 3, 2018.]

9.27.070 Sleeping in a vehicle, camper, recreational vehicle, or trailer.

It is unlawful for any person to sleep in any vehicle parked on any public street, alley, or parking lot, whether privately or publicly owned, for a period of more than four hours. For the purpose of this section, “vehicle” shall have the same meaning as in California Vehicle Code Section 670, as may be amended from time to time. A violation of this chapter shall be considered punishable in accordance with PMC 9.27.080. [Ord. 18-1444 § 3, 2018.]

9.27.080 Penalty.

Any person who violates this chapter is guilty of a misdemeanor, punishable by a fine of not more than $500.00 and/or imprisonment not to exceed six months. This chapter may also be enforced via administrative or civil actions as authorized by the Pittsburg Municipal Code. [Ord. 18-1444 § 3, 2018.]

9.27.090 City manager administrative authority.

The city manager or his/her designee shall develop and adopt administrative regulations that are consistent with the terms and prohibitions of this chapter. This shall include all policies and procedures for the abatement of unlawful camping, including policies and procedures for ensuring safe and prompt removal of the nuisance while meeting procedural safeguards required by city, state or federal law. [Ord. 18-1444 § 3, 2018.]