Chapter 8.30
SLEEPING, CAMPING, AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
Sections:
8.30.020 Unlawful sleeping and camping on public property.
8.30.030 Storage of personal property in public places.
8.30.040 Erecting permanent or temporary structures on public property or public rights-of-way.
8.30.070 Penalty for violations.
8.30.010 Purpose.
It is the purpose of this chapter to prevent harm to the health and safety of the public and to promote the public health, safety and general welfare by keeping public rights-of-way and other public property readily accessible to the public and to prevent use of public property for sleeping, camping purposes or storage of personal property which interferes with the City’s ability to conduct routine operations such as mowing, leaf blowing, sweeping and irrigation and with the rights of others to use the areas for which they are intended. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.020 Unlawful sleeping and camping on public property.
A. It is a violation of this chapter for any person to sleep, camp, store personal property, occupy camp facilities for purposes of habitation (other than vehicles), or to use camp paraphernalia, in the following areas except as otherwise provided by ordinance or as provided in FMC 18.72.140:
1. Any City park, except for the limited time such park is open to the public; or
2. Any City right-of-way, including but not limited to City sidewalks, streets, roads, road shoulders, trails, and alleyways; or
3. Any publicly owned or maintained parcel, parking lot, or other publicly owned or maintained area, whether improved or unimproved; provided, however, that camping in vehicles on City streets shall be regulated as provided in subsection (B) of this section.
B. It shall be unlawful for any person to occupy a vehicle for the purpose of sleeping or camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as provided in FMC 18.72.140:
1. Any City park; except for the limited time such park is open to the public; or
2. Any City right-of-way, including but not limited to sidewalks, streets, road shoulders, trails, and alleyways; or
3. Any publicly owned or maintained parcel, parking lot or other publicly owned or maintained area, whether improved or unimproved. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.030 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 the Ferndale Municipal Code or as permitted pursuant to FMC 18.72.140:
A. Any City park;
B. Any City right-of-way, including but not limited to sidewalks, streets, road shoulders, trails, and alleyways;
C. Any publicly owned or maintained parcel, parking lot or publicly owned or maintained area, whether improved or unimproved. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.040 Erecting permanent or temporary structures on public property or public rights-of-way.
A. It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon public property or right-of-way without a permit or other written authorization from the City.
B. The provisions of this section do not apply to depositing material in a public right-of-way for less than three hours, unless the material is deposited with the intent to interfere with free passage or if it blocks or attempts to block or interfere with any person(s) using the right-of-way.
C. The Director of Public Works is authorized to promulgate policies to carry out this section. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.050 Enforcement.
In addition to all other remedies provided by law, any violation of this chapter is hereby declared to be a misdemeanor and shall be subject to enforcement under FMC 9.01.060. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.060 Definitions.
The following definitions are applicable in this chapter:
A. “Camp” means any place that has been used or occupied as a temporary place to live, for any length of time, as evidenced by a camp facility being pitched, erected or otherwise constructed, used, or occupied for the purposes of human habitation, and/or by the use of camp paraphernalia, litter, trash, waste, and garbage, as well as any other factors that support the location being used as a camp. This definition is not intended to apply to individuals using a day use recreational area for the limited time such day use recreational area is open to the public.
B. “Camp facilities” include, but are not limited to, tents, tarpaulins, huts, cardboard boxes, temporary shelters, or vehicles, including, but not limited to, recreational vehicles, if said vehicle is being used as temporary living quarters.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, bedding, sleeping bags, blankets, mattresses, mats, hammocks or non-City-designated cooking facilities or fire and/or similar equipment.
D. “Garbage” means solid waste as defined in Chapter 3.25 FMC.
E. “Homeless encampment” means an unpermitted camp of unhoused people that has existed for more than seven consecutive days.
F. “Litter” means that as defined in Chapter 8.16 FMC.
G. “Owner” means a person that has legal title of ownership of the real property or RV and, for all other purposes, the possession of an item.
H. “Park” means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the City limits, regardless of ownership, and includes all City ball fields and all City leased or rented schools or private property when the same is being used for public recreation.
I. “Public right-of-way” means any right-of-way owned by or dedicated to the City, including, but not limited to, sidewalks, streets, roads, road shoulders, and alleyways.
J. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
K. “Tent” means a shelter of canvas or strong cloth, tarpaulin, nylon, plastic or other synthetic material, stretched over and supported by wood or other framework, or by any manner of rope or line; this includes commercial or noncommercial tents.
L. “Trash” means solid waste as defined in Chapter 3.25 FMC.
M. “Waste” means solid waste as defined in Chapter 3.25 FMC. (Ord. 2271 § 1 (Exh. 1), 2025)
8.30.070 Penalty for violations.
Violation of any of the provisions of this chapter shall be enforced under the provisions of FMC 9.01.060. (Ord. 2271 § 1 (Exh. 1), 2025)