Chapter 9.85
PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS
Sections:
9.85.010 Findings and purpose.
9.85.030 Prohibited activities.
9.85.050 Interference with summary abatement.
9.85.010 Findings and purpose.
A. The city council finds as follows:
1. A principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the delivery of public services such as law enforcement, fire prevention, public works, parks and recreation, and utilities including communication, water, stormwater, and waste disposal; and
2. Destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and
3. Destruction of, damage to, or interference with, critical infrastructure is frequently caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
B. The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure. [Ord. 13-2022 § 3 (Exh. A)].
9.85.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
“Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
“Critical infrastructure” means each of the following:
1. Real property or a facility, whether privately or publicly owned, as approved by resolution of the city council, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
2. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
“Debris” means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.
“Facility” means a building, structure, equipment, system, or asset.
“Fire prevention official” means the fire chief, a deputy fire chief, the fire marshal, or a fire prevention officer.
“Garbage” means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any nonputrescible material mixed in the same container with or contaminated by putrescible waste. Garbage does not include source-separated recyclables or yard waste.
“Hazardous waste” has the same meaning as in California Public Resources Code Section 40141.
“Infectious waste” has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
“Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables or yard waste.
“Wildfire risk area” has the same meaning as in California Code of Regulations, Title 24, Part 9, Section 202. [Ord. 13-2022 § 3 (Exh. A)].
9.85.030 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1. Critical infrastructure;
2. Within 50 feet of critical infrastructure;
3. Within 50 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law enforcement, fire prevention, or emergency medical services agencies;
5. Wildfire risk area.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within 50 feet of critical infrastructure;
3. Within 50 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law enforcement, fire prevention, or emergency medical services agencies;
5. Wildfire risk area.
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner and with consent of the property owner.
D. Nothing in this chapter is intended to prohibit or make unlawful the 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 nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the planning and development code or other laws, ordinances, and regulations. [Ord. 13-2022 § 3 (Exh. A)].
9.85.040 Summary abatement.
A Any violation of RCMC 9.85.030 may be abated by the city upon 24 hours of prior notice; but a violation of RCMC 9.85.030 may be abated immediately by the city without prior notice, if the violation poses an imminent threat to public health or safety.
B. Abatement pursuant to subsection A of this section may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
C. Regardless of the city’s authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.
D. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Chapter 1.01 RCMC. [Ord. 13-2022 § 3 (Exh. A)].
9.85.050 Interference with summary abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter. [Ord. 13-2022 § 3 (Exh. A)].
9.85.060 Violation – Penalty.
A. Violations of this chapter shall be punishable as a misdemeanor and are hereby declared to be a public nuisance.
B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to RCMC 1.01.190.
C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. [Ord. 13-2022 § 3 (Exh. A)].