Chapter 8.26
CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS
Sections:
8.26.050 Unlawful storage of personal property in public areas.
8.26.060 Parking on private or public property – Consent required.
8.26.070 Notice and removal of personal property in public areas.
8.26.080 Public nuisance declared.
8.26.090 City manager administrative authority.
8.26.100 Violations, penalties, and enforcement.
8.26.010 Purpose and intent.
The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas and other publicly owned or controlled property within the City (collectively “public property”) should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of public property for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this chapter is to maintain these public areas within the City in a clean, sanitary, safe, and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that public property is used for its intended purpose and remains accessible to all citizens, businesses and visitors in the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property. This chapter shall be interpreted in a manner that is consistent with applicable State and Federal law. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.020 Definitions.
For purposes of this chapter, the words and phrases in this chapter shall have the following meanings, except where the context clearly indicates a different meaning:
“Camp” or “camping” means:
1. Residing in or using any public area or private property for living accommodation or habitation purposes with one’s personal property, or within one’s personal property (e.g., vehicle of any kind, specifically including but not limited to a camper, trailer, coach, fifth wheel or any other trailer or recreational vehicle, whether or not the vehicle is operatable), or while storing one’s personal property (including unauthorized parking of any vehicle); and/or
2. Constructing, maintaining, occupying, inhabiting or using camping facilities and/or constructing, using or maintaining camping paraphernalia for living accommodation or habitation purposes, but is not limited to sitting, lying, or sleeping within such camp facilities and/or upon such camp paraphernalia for living accommodation or habitation purposes. For purposes of this chapter, camping shall not include merely sleeping outside in a City park or the use of a blanket, towel or mat in a park during the time the park is open to the public.
“Camping facility” or “camping facilities” includes, but is not limited to, tents, huts, or other temporary physical shelters.
“Camping paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, bedrolls, bedding, luggage, hammocks, cooking equipment and/or other similar articles of equipment or items that are accessory to camping facilities.
“Personal property” means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping facilities, camping paraphernalia, money, books, vehicles of any kind and shopping carts.
“Public area” means all property that is owned, managed or maintained by the City, and shall include but not be limited to any public street, building, grounds, lot, parcel park, plaza or parking lot dedicated to the authorized use and enjoyment of the public, and any other public property owned, maintained or controlled by another government agency within the City where the City is authorized to enforce its police powers as described herein.
“Public street” includes but is not limited to any City right-of-way, street, road, highway, alley, sidewalk, parkway, bridge, culvert, drain, and all other facilities or areas necessary for the construction, improvement, and maintenance of streets and roads.
“Sidewalk” means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street.
“Store” or “storing” or “storage” means to put aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a location; which does not include any personal property that clearly has been abandoned or discarded and which clearly has no value.
“Tent” means any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter.
“Unattended personal property” means personal property that has been turned in to the City or the County of San Diego Sheriff’s Department pursuant to PMC 8.26.050 and 8.26.070, and that has not been claimed within a period of 90 days by its owner. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.030 Unlawful camping.
A. Unlawful Camping. It shall be unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia in the City, whether on public or private property, or in any public area, whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by applicable law. It shall also be unlawful and a public nuisance for any landowner or occupant of private property to willfully allow, authorize or permit another person to occupy camp facilities or use camp paraphernalia on such private property in the City, whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by applicable law.
B. Exceptions.
1. This section shall not apply to any person camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp facilities and camp paraphernalia, in any public area designated by the City for such purposes. The City Council may, by resolution or ordinance, establish specified public areas for such purposes.
2. Absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this section will not be enforced against homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018), and only during the time frame that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit, unless the following procedures are followed:
a. Definition. For the purpose of this subsection (B)(2), the following definition applies:
“Outreach and engagement (O&E) personnel” includes, but is not limited to, any organization that the City has contracted with for homeless outreach and engagement services. Outreach and engagement personnel may include City employees, homeless liaisons and members of the County of San Diego Sheriff’s Department.
b. Procedures. Prior to any citation or arrest for unlawfully camping, occupying camp facilities or using camp paraphernalia, storing personal property in public areas, a person shall be referred to O&E personnel to determine potential shelter placement or available services.
i. If the homeless person declines the offered placement, or available services, then this exception under this subsection (B)(2) shall not apply and the City may proceed with enforcement of this section after giving such person a warning and an opportunity to immediately leave the location where unauthorized camping is occurring, or an opportunity to voluntarily decide to relocate outside of the jurisdiction of the City, before engaging in citation and/or arrest. If such person relocates upon warning, he or she will not be cited or arrested for violating this section. If the homeless person fails to relocate as directed, then he or she may be issued a citation, or placed under custodial arrest for such violations.
ii. If any alleged violation arises from the homeless person’s presence in a City park outside of the established operational hours of the park and there is no appropriate and immediately available shelter placement for such person, then such person will be advised to move and referred to O&E personnel so that he or she may avoid citation or arrest for a violation of this section until an appropriate and immediately available bed is made available to such person.
iii. These procedures under this subsection (B)(2) are only mandatory during the time frame that the case of Martin v. City of Boise 902 F.3d 1031 (9th Cir. 2018) is applicable law within the jurisdiction of the Ninth Circuit.
c. This exception shall not apply where a homeless person and/or their personal property obstructs and actually interferes with a public area or the intended use of the public area; provided, that absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the homeless person is first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so. However, this subsection (B)(2)(c) shall not apply if such personal property is unattended. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.040 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 as designated by the City Council.
B. In the rear or side yard of a residential structure with the consent of the owner or occupant, as long as the camping facility is separated from the street by a fence, hedge or other permanent obstruction, and is not visible from the public right-of-way. This subsection is not intended to allow the owner to give permission for someone to utilize the camping facility for living purposes, specifically for a period longer than 48 hours in any given 30-day period.
C. In conjunction with events authorized and expressly provided for in a special event or temporary use permit issued by the City.
D. In the manner permitted by, and in full compliance with, Chapter 8.24 PMC. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.050 Unlawful storage of personal property in public areas.
A. Unlawful Storage of Personal Property in Public Areas. It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia in any public area, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter, or as mandated by applicable law.
B. City and/or Sheriff’s Department to Receive Stored/Unattended Personal Property. Except as provided in PMC 8.26.070(D), the City and/or Sheriff’s Department shall make provisions for receiving and safekeeping of personal property found unattended in any public area and coming into their possession by an employee of the City in the course of employment pursuant to PMC 8.26.070(A). The City and/or Sheriff’s Department shall notify the owner, if their identity is reasonably ascertainable, that it possesses the personal property and where it may be claimed. The City and/or Sheriff’s Department may require the owner to pay a reasonable charge to defray the costs of storage and care of the personal property. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.060 Parking on private or public property – Consent required.
It is unlawful for any person to park or cause to be parked or to leave parked any vehicle upon private or public property, parking lot, or parking space without consent of the owner, the property manager, or person or tenant entitled to the possession thereof. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.070 Notice and removal of personal property in public areas.
A. Notice and Removal. In the event that personal property is found in the course of employment by an authorized employee or contractor of the City in any public area without authorization from the City (examples of authorized employees include, but are not limited to, employees of the County of San Diego Sheriff’s Department, City code enforcement, employees or contractors of City Public Works Department, and other City employees properly trained to carry out this section), such employee or contractor shall leave notice with the owner of the personal property or in a prominent place and which notice shall contain all of the following information:
1. The personal property needs to be relocated;
2. The time frame that the property owner has to relocate the personal property. Such time frame shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the personal property obstructs and actually interferes with a public area or the intended use of the public area, then this time frame may be shorter than 24 hours; provided, that if the property owner is present, they are first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so;
3. A statement that, if the personal property is not removed within the time frame, then the City will remove and store the personal property consistent with this section. This statement shall also provide the location that the personal property will be stored;
4. If applicable, the nature and purpose of the cleanup;
5. The date, time, and locations of the scheduled cleanup and/or removal of the personal property;
6. A citation to the applicable section of the municipal code or any other applicable law;
7. A statement of how the personal property may be reclaimed;
8. A statement that, if personal property is removed pursuant to this section, then such personal property may be subject to disposal by the City pursuant to this section after 90 days from the date of removal;
9. A phone number that the person may call for more information;
10. Any other additional information as determined by the City and/or Sheriff’s Department;
11. After the time frame in the notice provided pursuant to this subsection A, the personal property in the public area may be removed, inventoried, stored, and disposed of by the City pursuant to this section. To the extent possible, the inventory list shall be provided to the property owner(s). For any personal property removed, a notice shall be provided in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner; containing the information pursuant to subsections (A)(1) through (9) of this section and containing any other additional information as determined by the City and/or Sheriff’s Department. This notice shall include the date that the removed personal property will be disposed of by the City pursuant to this section.
B. Additional Signage for Removal of Personal Property. The City may determine what, if any, areas of the City suffer from blight due to storage of personal property in any public area, and erect signs in those areas containing the applicable information specified in subsections (A)(1) through (10) of this section so as to provide additional notice.
C. Holding and Disposal of Stored Personal Property. Except as provided in subsection A of this section, found personal property shall be deposited and inventoried in a safe place for a period of at least 90 days and found money shall be deposited with the director of finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property and subject to disposal as provided in this section. Additionally, the City shall not be obligated to store personal property in excess of the City’s current overall storage capacity.
D. Trash, Dangerous, or Perishable Personal Property. Any personal property coming into the possession of the City and/or Sheriff’s Department may be immediately disposed of without notice, in a manner that the City and/or Sheriff’s Department determines to be in the public interest, when such personal property is trash, perishable, contraband pursuant to State or Federal law, or constitutes an immediate threat to the public health, safety, or welfare.
E. Applicability. To the extent known by the City or the Sheriff’s Department, the provisions of this section shall not apply to the following:
1. Real or personal property or money subject to confiscation pursuant to State or Federal law;
2. Personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to State or Federal law;
3. Personal property that has been abandoned by its owner. Abandoned personal property may be disposed of forthwith. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.080 Public nuisance declared.
Any camping facility established in violation of this chapter is declared to be a public nuisance, and the City is authorized to abate the nuisance and remove camp facilities and camp paraphernalia as authorized by law. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.090 City manager administrative authority.
The City Manager or his or her designee may 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 the policies and procedures for ensuring safe and prompt removal of the nuisance while meeting procedural safeguards required by City, State or Federal law. (Ord. 860 § 2 (Exh. 1), 2023)
8.26.100 Violations, penalties, and enforcement.
Any person who violates this chapter is guilty of a misdemeanor and punishable by a fine of not more than $1,000 and/or imprisonment not to exceed six months. This chapter may also be enforced via administrative or civil actions as authorized by the municipal code. (Ord. 860 § 2 (Exh. 1), 2023)