Chapter 5-20 CAMPING ON PUBLIC PROPERTY

Chapter 5-20
CAMPING ON PUBLIC PROPERTY

Sections:

5-20-03 Storage of personal property in public places.

5-20-01 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” shall mean to pitch or occupy camp facilities; to use camp paraphernalia.

(b) “Camp facilities” shall mean tents, huts or temporary shelters, and the like.

(c) “Camp paraphernalia” shall mean tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.

(d) “Personal effects” shall mean medication, eye glasses, or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements, and personal property with an individual fair market value of Fifty and no/100ths ($50.00) Dollars.

(e) “Store” shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.

(Ord. 984-CS, Added, 07/25/2002)

5-20-02 Unlawful camping.

It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas, except as otherwise provided:

(a) Any park.

(b) Any street.

(Ord. 984-CS, Added, 07/25/2002)

5-20-03 Storage of personal property in public places.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:

(a) Any park.

(b) Any street.

(d) Personal property placed in these public areas shall be deemed to be stored personal property if it has not been removed from public areas within twenty-four (24) hours of service of written notice requiring such removal.

(1246-CS, Amended, 10/11/2018; Ord. 984-CS, Added, 07/25/2002)

5-20-04 Property removal.

The enforcement officer may remove personal property unlawfully stored or found in a City park, any street, or any public parking lot or public area, improved or unimproved, as follows:

(a) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in a City park, street, public parking lot, or public area, improved or unimproved. If this personal property is not removed by (specify at least twenty-four (24) hours / one (1) day from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.

(b) The notice shall also include (1) a general description of the personal property to be removed, (2) the date and time the notice was posted, (3) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (4) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(c) The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.

(d) Post-removal notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include (1) a general description of the personal property removed, (2) the date and approximate time the personal property was removed, (3) a statement that the personal property has been stored in violation of TMC 5-20-03, (4) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (5) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(e) When City personnel discover any property left unattended in any public park, any street, or any public parking lot or public area, improved or unimproved, City personnel may immediately remove the unattended property for the safety and welfare of the public. The City considers unattended property to be lost property and shall deliver such property to Neighborhood Services, subject to the provisions set forth in this chapter.

(1270-CS, Amended, 01/09/2020; 1246-CS, Amended, 10/11/2018; Ord. 984-CS, Added, 07/25/2002)

5-20-05 Property disposition.

(a) Following removal of unlawfully stored or remaining personal effects, an enforcement officer shall:

(1) Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;

(2) Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and

(3) Store removed personal effects in an area designated by the enforcement officer for a period of ninety (90) days.

(b) If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the enforcement officer shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.

(c) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety (90) days from removal shall be dedicated for public use, and may be given for charitable use to a local nonprofit agency, or placed for sale pursuant to this Code.

(d) All other unlawfully stored or found personal property removed is deemed intentionally abandoned and may be summarily abated and destroyed.

(Ord. 984-CS, Added, 07/25/2002)