Chapter 6.36
CAMPING SERVICES AND STANDARDS
* Prior ordinance history: Ords. 78-29, 79-41, 89-33, 94-11, 95-22, 99-01, 2002-05, 2002-12, 2010-18 and 2021-03.
Sections:
6.36.060 Additional criteria for encampments on public and private property.
6.36.070 Penalties for violation.
6.36.080 Property removal and storage.
6.36.090 Interpretation of chapter.
6.36.010 PURPOSE AND INTENT.
The purpose and intent of this chapter is to provide standards for sheltering outdoors which: (i) are intended to be as compatible as possible with the protection and preservation of health, safety, and welfare of the inhabitants of the city of Santa Cruz, including homeless individuals; (ii) will address issues such as fire risk, unsanitary conditions, public safety hazards, environmental degradation, and round-the-clock privatization of public property that have been associated with longer-term encampments in the city; (iii) establish allowances for, and in some instances, minimum thresholds for, provision of storage, managed encampments, and safe sleeping programs that will feasibly allow unsheltered individuals to engage in basic life-sustaining activities without criminal citation; (iv) generally prohibit the establishment of unregulated encampments on public property during daytime hours, but only when there is an available 24/7 sanctioned sheltering location or available homeless persons’ storage; and (v) generally prohibit the establishment of unregulated encampments on public property during nighttime hours, but only when there is an available overnight sanctioned sleeping location or an available 24/7 sanctioned sheltering location.
(Ord. 2021-12 § 1, 2021).
6.36.020 DEFINITIONS.
When used in this chapter, the following words and phrases have the following meanings:
“Available 24/7 sanctioned sheltering location” means a public or private facility, with available 24/7 space for an indigent, homeless individual to stay, at no charge. The term “available 24/7 sanctioned sheltering location” includes a shelter, a managed encampment, and/or a hotel/motel voucher. The term “available 24/7 sanctioned sheltering location” does not include the following: (a) shelter space where an individual cannot stay because the individual has exceeded a shelter’s maximum stay rule or because shelter is unavailable due to the individual’s gender; (b) shelter space that cannot reasonably accommodate the individual’s mental or physical needs or disabilities; (c) shelter space that does not permit a minor child to be housed in the same facility with at least one parent or legal guardian, assuming the individuals seeking such shelter are at least one parent or legal guardian with a minor child; (d) shelter space for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space.
“Available homeless persons’ storage” means a public or private facility, with available daytime and nighttime space for an indigent, homeless individual to, free of charge, store a reasonable quantity of personal effects and/or survival items, such as tents, sleeping bags, tarps, and blankets.
“Available overnight sanctioned sleeping location” means a public or private facility, with available overnight space for an indigent, homeless individual to stay, at no charge. The term “available overnight sanctioned sleeping location” includes a shelter, a managed encampment, a managed safe sleeping zone for overnight tent encampments, and/or a hotel/motel voucher. The term “available overnight sanctioned sleeping location” does not include the following: (a) an overnight sanctioned sleeping location space where an individual cannot stay because the individual has exceeded a location’s maximum stay rule or because location is unavailable due to the individual’s gender; (b) an overnight sanctioned sleeping location that cannot reasonably accommodate the individual’s mental or physical needs or disabilities; (c) an overnight sanctioned sleeping location that does not permit a minor child to be housed in the same facility with at least one parent or legal guardian, assuming the individuals seeking such shelter are at least one parent or legal guardian with a minor child; (d) an overnight sanctioned sleeping location for which an individual is required to attend or participate in religious activities or programs as a condition of utilizing the shelter space.
“Camping” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
“Camping facilities” include, but are not limited to, tents, huts, or temporary shelter.
“Camping paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
“Encampment” means a collection of items that are used or intended to be used for temporary habitation outdoors. Encampments contain camping facilities and/or camping paraphernalia. This definition of “encampment” specifically does not include a collection of items that reasonably appear to be for less than twelve-hour, daytime-only use, such as items brought to a park or beach for a picnic, nap, or daytime party. If items have in fact been maintained in the same approximate location for a period in excess of twelve hours, then the collection shall be considered an encampment as provided in this section. For the purposes of this chapter, the term “encampment” does not include a vehicle used for habitation.
“Personal effects” means personal property consisting of the following items:
1. ID/Social Security cards;
2. Medications, medical devices, eyeglasses;
3. Photos/photo albums;
4. Tax/medical records;
5. Reasonably usable, not overly soiled, nonverminous items that are reasonably believed to have value to persons experiencing homelessness, including tents, sleeping bags, clothes, and functional bicycles (although bicycle parts shall not be considered personal effects).
“Qualifying disability” means a physical or mental disability that prevents that person from being able to, on a daily basis, construct, deconstruct, and put away an encampment.
“Urgent circumstances” are facts and circumstances that would cause a reasonable person to believe that, for the benefit of public safety and welfare, an encampment needs to be urgently removed with less than twenty-four hours’ notice. “Urgent circumstances” include, but are not limited to, increased fire risk, obstructing or interfering with the flow of pedestrian or vehicular traffic, and blocking access to a parking lot of a building.
(Ord. 2021-12 § 1, 2021).
6.36.030 PRIVATE PROPERTY.
(a) Private Property. It is unlawful for any person to, on private property, erect, configure, construct, maintain, or store an encampment, or to use a vehicle for camping, except as expressly authorized below:
(1) In the yard of a residence with the consent of the owner or occupant of the residence, where the camping is in the rear yard, or in an area of a side yard or front yard that is separated from view from the street by a fence, hedge or other obstruction; or
(2) Inside of a licensed and registered motor vehicle in the parking lot on the site of a religious institution with the written consent of such institution, where the driver/occupant of such vehicle is in possession of a valid driver’s license; provided, that no more than six vehicles shall be permitted at any one location; or
(3) Inside of a licensed and registered motor vehicle in the parking lot on the site of a business institution in a nonresidential district with the written consent of both the business institution and property owner, where the driver/occupant of such vehicle is in possession of a valid driver’s license; provided, that no more than three vehicles shall be permitted at any one location; or
(4) Inside a licensed and registered vehicle in a residential off-street driveway with the written consent of the owner and occupant of the residence, where the driver/occupant of such vehicle is in possession of a valid driver’s license; provided, that no more than one vehicle shall be permitted at any one location.
(b) Camping shall not be permitted on private property where it is conducted in such a manner as to create inadequate sanitation, any trafficking in illegal drugs, a public or private nuisance, or other matters offensive to persons of ordinary sensibility; nor where the camping is of such frequency, intensity or duration as to constitute a use of land prohibited by any provision of Title 24; nor where the camping activity would be prohibited under any other provision of this code concerning use of mobile homes; nor where any fee, charge or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto; nor where the covenants, conditions and restrictions of a duly organized homeowners association would prohibit the activity in the residential area subject to the covenants, conditions, and restrictions.
(Ord. 2021-12 § 1, 2021).
6.36.040 OVERNIGHT ENCAMPMENTS PROHIBITED WHEN THERE IS AN AVAILABLE OVERNIGHT SANCTIONED SLEEPING LOCATION OR AN AVAILABLE 24/7 SANCTIONED SHELTERING LOCATION – DAYTIME ENCAMPMENTS PROHIBITED WHEN THERE IS AN AVAILABLE 24/7 SANCTIONED SHELTERING LOCATION OR AVAILABLE HOMELESS PERSONS’ STORAGE.
(a) Nighttime Prohibition. Except where expressly authorized by Section 6.36.050, it is unlawful and a public nuisance for any person to place, erect, configure, construct, maintain, or store an encampment on public property anywhere in the city of Santa Cruz between one hour before sunset and one hour after sunrise (but no later than 8:00 a.m.) when there is either an available overnight sanctioned sleeping location or an available 24/7 sanctioned sheltering location.
This subsection (a) shall not be enforced against indigent homeless persons unless:
(1) There is either an available overnight sanctioned sleeping location or an available 24/7 sanctioned sheltering location that is promptly available and offered to a person found in violation of this subsection (a); and
(2) The city (potentially in cooperation with homeless service providers, mutual aid groups, neighborhood groups, and faith communities) establishes and is operating programs providing not less than one hundred fifty additional shelter, managed camp, or safe sleeping spaces in the city of Santa Cruz on city-owned or -operated properties or facilities. These facilities are to include water, handwashing stations, and portable toilets. Safe sleeping facilities shall not be located in or adjacent to residential neighborhoods or schools.
(b) Daytime Encampment Prohibition.
(1) When there is an available 24/7 sanctioned sheltering location or available homeless persons’ storage, no person shall erect, configure, construct, and/or maintain an encampment on public property between the hours of one hour after sunrise (but no later than 8:00 a.m.) until one hour before sunset. During circumstances where there is no available 24/7 sanctioned sheltering location, this daytime encampment prohibition shall neither apply nor be enforced during rainfall, sleet, snow, or when the projected daily high temperature, as noted by the National Weather Service, is 50 degrees Fahrenheit or lower.
(2) When there is an available 24/7 sanctioned sheltering location or available homeless persons’ storage, a person must take down, fold, deconstruct, and put away any encampment erected, configured, or constructed on public property between the hours of one hour after sunrise (but no later than 8:00 a.m.) until one hour before sunset. When there is no available 24/7 sanctioned sheltering location, this requirement shall neither apply nor be enforced during rainfall, sleet, snow, or when the projected daily high temperature, as noted by the National Weather Service, is 50 degrees Fahrenheit or lower.
(3) The city plans to sponsor or arrange for the sponsorship of an unsheltered persons’ storage program within the city of Santa Cruz, which would provide unsheltered persons with a reasonable quantity of storage for personal effects and/or survival items, such as tents, sleeping bags, tarps, and blankets. As city personnel encounter individuals who are camping in prohibited areas or at prohibited times, the city shall have a service available to assist individuals with on-street transportation to available homeless persons’ storage. The prohibitions in subsections (b)(1) and (2) shall not be enforced unless and until the above-described unsheltered persons’ storage program is operational and reasonably available to unsheltered persons in the city of Santa Cruz. The city manager is hereby authorized to administratively establish and authorize operation of such storage facility or facilities within any zoning district within the city.
(c) If there is no available 24/7 sanctioned sheltering location, the encampment prohibitions above in subsections (a), (b)(1) and (2) shall not be enforced against families with one or more children under the age of eighteen years old. In cases of a homeless family, staff shall work with the county, including child protective services, the state, and/or nonprofit partners, to attempt to find families temporary shelter or housing. If it is not reasonably apparent to city staff that a family unit has a member under the age of eighteen, city staff may request reasonable documentation to confirm that there is a minor in the family.
(d) If an indigent, homeless person who has a qualifying disability is maintaining an encampment on public property, then city staff shall work with the county, state, and/or nonprofit partners to attempt to find the disabled person an available 24/7 sanctioned sheltering location. The prohibitions above in subsections (a), (b)(1) and (2) shall not be enforced against an indigent, homeless person with a qualifying disability nor against a single caregiver for a person with a qualifying disability, unless these individuals have access to an available 24/7 sanctioned sheltering location. Or, if there is no available 24/7 sanctioned sheltering location, but there is an available overnight sanctioned sleeping location and available homeless persons’ storage, subsections (a), (b)(1) and (2) may be enforced if reasonable assistance is available that would allow for an indigent, homeless person with a qualifying disability to pack, unpack, and store their belongings daily.
(e) The city manager may, but is not required to, establish standard procedures, forms, or administrative regulations that are consistent with this chapter.
(f) The city may prioritize individuals with qualifying disabilities, one caretaker for each such individual, and families with minor children for occupancy at an available 24/7 sanctioned sheltering location and/or an available overnight sanctioned sleeping location, to the extent that the city has control over such facilities.
(g) In no event (including circumstances where there is a lack of an available 24/7 sanctioned sheltering location, available homeless persons’ storage, and/or an available overnight sanctioned sleeping location) may any individual, including individuals with qualifying disabilities, consistently occupy the same public space for a period exceeding ninety-six hours. With respect to individuals with qualifying disabilities, prior to enforcement of this ninety-six-hour rule, the city shall provide reasonable assistance, if necessary, in helping a person with a qualifying disability to comply with this rule.
(h) The city shall not enforce any portion of this chapter in a way that would cause it to violate any currently applicable order or injunction issued by the court in the matter of Santa Cruz Homeless Union et al. v. City of Santa Cruz et al., Case 5:20-cv-09425-SVK.
(i) The city shall not enforce any portion of this chapter in a way that would cause the city to not abide by the Center for Disease Control’s guidance on encampments during the COVID-19 pandemic, unless either (i) Santa Cruz County is in the “yellow tier” (or a lower tier, if established) of California’s Blueprint for a Safer Economy tiering structure, or (ii) California ends its tiering system and more fully reopens the economy on a broader scale, as is currently expected to occur on or around June 15, 2021.
(j) If a need is verified, the city manager may establish one or more managed daytime sleeping areas, to be used by unsheltered individuals with a documented need to work at night and sleep during the day. Subsections (a), (b)(1) and (2) shall not be enforced against indigent, homeless persons who have provided such reasonable documentation unless there is either: (i) an available 24/7 sanctioned sheltering location, or (ii) available managed daytime sleeping areas and available homeless persons’ storage.
(Ord. 2021-12 § 1, 2021).
6.36.050 CAMPING PERMITTED.
Camping is permitted in the city of Santa Cruz under the following circumstances:
(a) In public areas that the city has, as permitted by this chapter, specifically set aside or clearly marked for public camping purposes, if conducted in a manner consistent with other provisions of this chapter.
(b) At events authorized and permitted by the Santa Cruz city parks and recreation department. Generally, under this subsection, no person or group may camp in a city park under authority of this subsection for more than three nights in any twelve months. However, where the camping activity is taking place in conjunction with an authorized and permitted restoration or conservation project being performed by campers at or near the campsite, the director of parks and recreation may permit an individual or group to camp in one of the afore-referenced city parks for a period of time in excess of that prescribed above. Additionally, no permit shall be required for security guards who camp in city parks incident to a lawful event. For fair and consistent application of this section, the director of parks and recreation may promulgate guidelines defining the criteria for permit issuance contained in this section.
Under this subsection, the director of parks and recreation may issue a permit authorizing persons or groups to camp in the improved areas of Harvey West Park, the improved area known as lower De Laveaga Park adjacent to Branciforte Drive, and San Lorenzo Park Benchlands upon finding that the applicant has met the city’s requirements for:
(1) Parking and traffic control;
(2) Toilet and other sanitary facilities;
(3) Security;
(4) Liability insurance;
(5) Garbage collection and cleanup;
(6) Security and cleanup deposits;
(7) Such other public health, safety and general welfare matters as may be raised by the camping application; and
(8) Environmental compliance according to the California Environmental Quality Act (CEQA) and the city’s CEQA guidelines.
(c) At events or in a manner that is authorized by the city council or city manager, such as managed encampments and/or managed safe sleeping zones for overnight tent encampments, which may be managed by the city, the county, or by an approved nonprofit. These may be authorized on any public or private property, in any zoning district, and in areas that would otherwise prohibit such uses. Facilities noted in this subsection, with the exception of religious assembly uses and school-sponsored programs, shall not be located in or adjacent to residential neighborhoods or schools.
(d) In a part or all of a city-owned parking lot, closed portion of a public right-of-way, on private property, or in an alternative space or area designated by the city manager for safe sleeping. The city manager, or his or her designee, is directed to establish not less than one hundred fifty additional shelter, managed camp, or safe sleeping spaces in the city of Santa Cruz on city-owned or operated properties or facilities, subject to all criteria set forth in Section 6.36.060. The hours of operation of safe sleeping sites may be determined by the city manager, consistent with any other uses of the properties that will be hosting nighttime safe sleeping. The city manager is hereby authorized to administratively establish and authorize operation of safe sleeping spaces within any zoning district within the city. Facilities noted in this subsection, with the exception of religious assembly uses and school-sponsored programs, shall not be located in or adjacent to residential neighborhoods or schools.
(Ord. 2021-12 § 1, 2021).
6.36.060 ADDITIONAL CRITERIA FOR ENCAMPMENTS ON PUBLIC AND PRIVATE PROPERTY.
If encampments on public or private property are permitted for any reason to remain in place, they must meet the following criteria:
(a) Encampments shall not impede emergency ingress/egress routes on public sidewalks or rights-of-way, such as driveways providing access to emergency vehicles and entrances or exits from buildings.
(b) Under no circumstances, may persons dump gray water (i.e., waste water from baths, sinks, washing machines, and other kitchen appliances) or black water (i.e., sewage water) onto sidewalks, streets, parks, open spaces, storm drains, or any other facilities not intended for gray water or black water disposal. In addition to any other penalties or fines available to address this conduct, gray water and black water dumping is also an infraction under this chapter.
(c) Under no circumstances, may persons create unpermitted electrical connections or “taps.”
(d) Public property shall not be used as storage for extra car tires, bicycles or bicycle parts (except as needed for an individual’s personal use), gasoline, generators, household furniture, extra propane tanks, or combustible materials, including combustible waste.
(e) No open fires are allowed. This subsection prohibits fires (such as camp fires, bonfires, recreational fires, burning of garbage, or portable outdoor fireplaces) that are lit in any public open space or park, except for a fire lawfully created wholly within a designated fire pit or other permanent receptacle provided by the city in a public park or beach for the purpose of allowing fires in said location. In addition, it shall be unlawful to intentionally or negligently set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. A violation of this subsection is a misdemeanor.
(f) Encampments shall be maintained in a reasonably safe, tidy, and sanitary/hygienic fashion, free from litter, debris, waste, discarded food products, discarded property, and garbage unless contained within an enclosed container or trash receptacle. Encampments shall be maintained free from discarded hypodermic needles surrounding the encampment. All refuse and recyclables shall be contained within a bag, box, or similar vessel and shall be removed from the encampment by the occupant(s) on a regular basis. An encampment location shall be cleared of all personal belongings, camp paraphernalia, and refuse by the occupant(s) at the end of the stay.
(g) Encampments shall not occupy an area greater than twelve feet by twelve feet per person who is occupying the location. For individuals with one or more qualifying disability and their caretakers, city staff shall permit reasonable deviation from this requirement if additional space is needed.
(h) Outdoor living encampments shall not cause direct damage to the environment through activities such as excavating or terracing soil, harming trees, cutting vegetation, or disturbing wildlife dens, burrows, or nests.
(Ord. 2021-12 § 1, 2021).
6.36.070 PENALTIES FOR VIOLATION.
(a) If a person has violated or is in violation of this chapter (for example, by erecting or maintaining an encampment in a way that is prohibited under this chapter), city staff shall give the person a verbal or written warning before an infraction citation is issued. City staff shall seek opportunities, particularly when public safety/life safety is not under immediate/urgent threat, through coordination with city, county, nongovernmental organizations, or faith-based groups, for outreach to precede or occur simultaneously with enforcement of this chapter so that, when feasible, nonenforcement personnel can contact identified individuals on a complaint basis or within a structured, proactive program. The warning shall provide the person with information about any available 24/7 sanctioned sheltering location, available homeless persons’ storage, and available overnight sanctioned sleeping location. City staff also may, but shall not be required to, transport the person to available 24/7 shelter, available homeless persons’ storage, and/or available overnight sanctioned sleeping location.
(b) Unless a different penalty is explicitly noted elsewhere in this chapter, if a person violates this chapter, then that person is guilty of an infraction. The city’s fine for the infraction shall not exceed twenty dollars. If acceptable to the court, in lieu of a fine, the city encourages the court to allow infractions under this chapter to be satisfied with a reasonable amount of community service.
(c) Unless a different penalty is explicitly noted elsewhere in this chapter, if, after receiving an infraction citation, a person who is in violation of this chapter fails or refuses to come into reasonably prompt compliance with this chapter (for example by failing to take reasonably prompt action to remove an encampment that is not permitted under this chapter), then that person is guilty of a misdemeanor. Misdemeanor enforcement under this subsection (c) and subsection (d) may only be used only after outreach, warning, and infraction citation, and only when (i) camping violations are exacerbated by other illegal behaviors, or (ii) the subject willfully refuses to vacate, or (iii) the subject interferes with the closure or removal of an illegal encampment.
(d) Additionally, any person who violates any section in this chapter and receives an infraction citation for such violation, and who, between one and thirty days from receiving such infraction citation, again violates this chapter or is still violating this chapter, is guilty of a misdemeanor.
(e) If a misdemeanor arrest is permitted under this chapter, the arresting officer shall be permitted to seize and store items within an encampment if necessary to prevent items from being stolen and/or if deemed necessary to prevent the immediate reestablishment of an encampment that is violative of this chapter. Unless the property is contraband or evidence of a penal code crime, persons who have been arrested and have had property seized pursuant to this subsection may recover their property at the Santa Cruz police department, anytime within ninety days after that property is seized.
(Ord. 2021-12 § 1, 2021).
6.36.080 PROPERTY REMOVAL AND STORAGE.
(a) The establishment of an encampment that is contrary to this chapter is declared to be a public nuisance, and appropriate city staff is authorized and empowered to remove any such encampment after providing reasonable notice.
(b) What length of time is reasonable will depend on the size of the encampment, the presence of any urgent circumstances, whether individual(s) are present to receive notification, and the abilities of the person who maintains the encampment, if known to the city. Unless a seizure of property and arrest occur related to a misdemeanor violation (as described in Section 6.36.070(e)) or unless urgent circumstances exist, at least twenty-four hours’ written notice shall be given before the city removes property found to be in violation of this chapter.
(c) Personal property that poses an imminent threat to public health or safety, is contraband, is evidence of a penal code crime, is obstructing or interfering with the flow of pedestrian or vehicular traffic, is removed pursuant to Section 6.36.070(e), and/or is blocking access to a parking lot or a building shall not be subject to the above-described notice requirements and may be promptly removed by appropriate city staff, in accordance with the law and generally accepted law enforcement procedures. In other circumstances, unless this chapter provides otherwise, city staff shall make a good faith attempt to identify and remove personal effects, and if personal effects are identified, city staff shall cause a notice of the personal effects to be posted, as provided in subsection (f). Personal effects shall be stored, as provided below.
(d) When urgent circumstances or circumstances described in Section 6.36.070(e) do not exist, prior to removing an encampment found to be in violation of this chapter, a written notice with the following content shall be provided:
1. The date and time of written notice;
2. The location of the notice;
3. A direction that:
PERSONS IN THIS AREA MUST VACATE AND REMOVE ALL BELONGINGS ON OR BEFORE: [insert reasonable date and time to vacate]
THE CITY WILL CLEAN THIS SITE ON OR AFTER THE TIME AND DATE SPECIFIED ABOVE.
UNACCOMPANIED ITEMS ARE SUBJECT TO REMOVAL AND MAY BE DISCARDED OR DESTROYED.
4. A phone number and a physical address for property-related inquiries;
5. A phone number for other questions or concerns.
(e) If items remain at an encampment site after the relevant notice period has expired, prior to discarding items, appropriate city staff shall make a good faith attempt to identify and remove personal effects from the encampment. Any personal effects identified by city personnel shall not be discarded.
(f) At the time of removal of any personal effects from an encampment, city personnel shall conspicuously post a dated notice (either at the exact location from which the personal effects were removed or at another nearby location) with the following information:
1. A statement that personal effects were removed;
2. A telephone number for information on retrieving personal effects;
3. An address where the personal effects are temporarily stored;
4. That personal effects will be stored for ninety days.
The posting of notice required under this section shall not apply if removal of property is conducted pursuant to Section 6.36.070(e) and the arresting officer has reasonable reason to believe that all items belong to the individual(s) being arrested. In such cases, the individual(s) being arrested shall be provided with written notification of where their items are being stored and how to retrieve them at a later date.
(g) Following removal of any personal effects, city personnel shall place the removed personal effects in containers labeled in a manner facilitating identification by city personnel and owner and which reasonably protect such property from damage or theft.
(h) Personal effects stored by the city which are claimed within ninety days from removal shall be released to the person claiming ownership providing they identify the property and the approximate location where the property was left.
(i) Personal effects that remain unclaimed after ninety days may be discarded, recycled, dedicated for public use, or given to a nonprofit agency for charitable use.
(j) In situations where the city has reasonable, good faith reason to believe that an encampment has been abandoned and is not occupied, the city may promptly remove any items that reasonably appear to be trash/garbage. For items that do not reasonably appear to be trash or garbage, the city may post a written “notice of apparently abandoned property” which notifies potentially interested parties that the city believes the site to be abandoned and will discard unclaimed items in no fewer than seventy-two hours. Under this scenario, the city shall have no obligation to attempt to identify, remove, and/or store personal effects. If unattended items remain at an apparently abandoned site after a notice period of seventy-two hours or greater, the city may simply discard, recycle, or donate items that remain, as they are most likely abandoned.
(k) Regardless of the city’s authority to remove an encampment pursuant to this section, every owner, occupant, or lessee of private property, and every holder of any interest in private property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.
(l) The cost of encampment removal on property not owned by the city, 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 Title 4.
(m) It shall be a misdemeanor to willfully prevent, delay, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of property and/or encampment removal pursuant to this section.
(Ord. 2021-12 § 1, 2021).
6.36.090 INTERPRETATION OF CHAPTER.
(a) If any subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
(b) Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(c) In enacting and implementing this chapter, the city is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ord. 2021-12 § 1, 2021).