Chapter 9.49
UNAUTHORIZED ENCAMPMENTS AND PROHIBITED ACTIVITIES ON PUBLIC PROPERTY
Sections:
9.49.010 Intent and application.
9.49.030 Camping in parks, recreation facilities and designated public property prohibited.
9.49.040 Encampment abatement procedures.
9.49.060 Tents and other enclosed temporary structures prohibited.
9.49.070 Prohibited activities in parks, recreational facilities and designated public property.
9.49.010 Intent and application.
A. The purpose and intent of this chapter is to maximize the community enjoyment of park, recreation facilities and public property and to prohibit activities and nuisances which interfere with this objective to the detriment of the public health, welfare and safety. No provision or section of this chapter is intended to supersede or be in conflict with any other provision of the Dinuba Municipal Code or state or federal law. In the event of an apparent conflict, the city manager or his or her designee shall reasonably interpret the law and enforce it accordingly.
B. This chapter shall apply to conduct in public parks, public recreation facilities and the designated public property specified in Section 9.49.030(E) and be enforceable notwithstanding any valid exceptions as stated in the Dinuba Municipal Code or any other applicable law. (Ord. 2023-05 § 2, 2023)
9.49.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Abandoned personal property” means personal property, to which the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment. Indicia of abandoned personal property shall include, but not be limited to, the act of leaving the personal property in a public park/recreation area so that it may be appropriated by the next comer.
B. “Alcoholic beverages” as used herein means and includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.
C. “Available shelter” means a public or private shelter or similar accommodation, with an available overnight space, open to an individual or family unit experiencing homelessness, at no charge. A shelter shall not be considered available when the individual cannot occupy said space due to overcapacity, exhaustion of stay limitations, disability or physical handicap or when religious observance is required as a condition of gaining shelter. If the individual refuses available shelter or otherwise cannot utilize the available shelter space due to voluntary actions including, but not limited to, intoxication, drug use, unruly behavior, or violation of shelter rules, the overnight shelter space shall be considered available.
D. “Camp,” “camping” or “camping facilities” means placing, setting up or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include use of umbrellas or sun shades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. “Camping” shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.
E. “Camp equipment” or “camp paraphernalia” means tents, tarpaulins, lean-tos, huts, cardboard boxes, or similar makeshift temporary shelters constructed from random materials, as well as cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other similar equipment used for living in the outdoors.
F. “City enforcement official” means the city employee(s) or officer(s) authorized or designated by the city manager to carry out the provisions of this chapter.
G. “Park and recreation facilities” and “public park/recreation areas” means all parks and their associated open spaces, pedestrian and biking trails, park amenities, buildings and recreation centers used by the public within the boundaries of the city limits of the city, and which are owned, operated and/or maintained by the city.
H. “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, and/or books.
I. “Tent” means shelter or structure that is not entirely open on all sides. (Ord. 2023-05 § 2, 2023)
9.49.030 Camping in parks, recreation facilities and designated public property prohibited.
A. It is unlawful and a public nuisance for any person to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities, in any city park and/or city recreational facility. “Establish” means setting up or moving camping equipment or camp paraphernalia in park and recreation facilities to camp or operate camp facilities. “Maintain” means keeping or permitting camping equipment or camping paraphernalia to remain in a park or recreation facility in order to camp or operate camping facilities. “Operate” means participating or assisting in establishing or maintaining a camp or camping facilities.
B. An individual or family unit experiencing homelessness may not be cited for violation of subsection (A) of this section between the hours of ten p.m. and six a.m. unless it is confirmed that there is available shelter as defined in Section 9.49.020.
C. Notwithstanding the exemption provided for in subsection (B) of this section, camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten feet from, any park amenities.
D. Camping may be permitted in park and recreation facilities in conjunction with any city sponsored and approved event.
E. Camping or maintaining an encampment as well as sitting, sleeping or lying down at any time regardless of the availability of shelter beds is prohibited if the camping activity, encampment, individual(s) or family:
1. Poses a substantial danger to any person, an immediate threat or unreasonable risk of harm to the public health or safety, or disrupts vital government services;
2. Is located in or upon any public property, including in any street or sidewalk, unless specifically authorized by the city manager;
3. Is located within one thousand feet of an elementary, middle or high school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education; provided, that signs are posted prohibiting camping that are clearly visible to pedestrians;
4. Is located within one thousand feet of a senior center or skilled nursing facility; provided, that signs are posted prohibiting camping that are clearly visible to pedestrians;
5. Is located in open space, a waterway or the banks of a waterway; or
6. Is located within a transit hub or bus stop; provided, that signs are posted prohibiting camping that are clearly visible to pedestrians. (Ord. 2023-05 § 2, 2023)
9.49.040 Encampment abatement procedures.
A. Abatement by the city enforcement official of any camping activities or encampments shall comply with all applicable due process laws afforded to the individuals in violation of this chapter, including adequate notice relating to any deprivation of personal property and the opportunity to be heard. However, these encampment abatement procedures shall not be enforced in city parks and recreational facilities if no shelter is practically available between the hours of ten p.m. and six a.m. to the person in violation of the Dinuba Municipal Code.
B. Apart from the city of Dinuba’s weekly cleanup of parks and recreational facilities, the city enforcement official may abate unauthorized encampments or camping in city parks, recreational facilities, or the public property designated in Section 9.49.030(E) upon a written notice of cleanup being posted on each tent or structure and in any other distinct areas of the encampment. The notice shall provide the date and time of cleanup and give a minimum of twenty-four hours for persons to remove their personal property. If abatement is delayed or rescheduled, the city enforcement official may conduct abatement within forty-eight hours of the posted notice of cleanup without reposting a new notice of cleanup. If abatement is delayed longer, the city enforcement official shall repost a notice of cleanup with a new date.
C. The city enforcement official shall make reasonable efforts to document the encampment abatement process as follows:
1. Through photograph or video recording the cleanup site before any abatement begins;
2. Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage;
3. Set out items contained in bags or suitcases and photograph the items;
4. Photograph or video record all items to be stored;
5. Photograph or video record the cleanup process; and
6. Photograph or video record the site after abatement has concluded.
D. Unclaimed items found in abatement shall be eligible for storage if:
1. Circumstances indicate that the item belongs to a person;
2. The item has apparent utility in its current condition and circumstances; and
3. The item can be safely retrieved from the site. Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility or value.
E. An eligible item found during an abatement shall be put into storage, unless it meets one of the following disqualifying conditions:
1. Hazardous, including items contaminated with human waste, animal waste, bugs, vermin, explosives, weapons, liquids, drug paraphernalia, or mold;
2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;
3. Practically unstorable, due to large size, weight, or other similar characteristic; or
4. Is contraband or stolen.
F. After abatement has concluded and when eligible items are collected and will be placed in storage, the city enforcement official shall post notices at the location of the abatement that includes information how a person can claim stored items. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person’s criminal background or outstanding warrants.
G. Expedited Abatement.
1. In an expedited abatement, the city enforcement official shall follow the same abatement and storage procedures in this section, but shall post a notice of cleanup giving a minimum of three hours for all persons to remove their personal property.
2. The city enforcement official shall only expedite the removal of an encampment under this subsection if:
a. The city receives direction from the county of Tulare or other governmental or judicial authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
b. The city enforcement official observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death. (Ord. 2023-05 § 2, 2023)
9.49.050 Storage of personal property in parks, recreational facilities and designated public property prohibited.
A. It shall be unlawful and a public nuisance for any person to store personal property in any public park, recreational facility, and/or designated public property except as otherwise approved in writing by the city manager or designee or by resolution of the city council. Personal property stored in violation of this section shall be impounded pursuant to this chapter. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of ten p.m. and six a.m. unless it is confirmed that there is available shelter as defined in Section 9.49.020.
B. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Enforcement officials shall also take all reasonable actions to preserve and not discard any life necessities, such as medications and/or identification documents and associated paperwork, medication stored in medication bottles and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility or value.
Unattended personal property or possessions that are soiled, unsanitary, verminous, perishable or a safety hazard may be summarily abated and destroyed. The city shall store for ninety days personal property that is sanitary and saleable or useable or otherwise reasonably appears to be of value. If the property is not claimed by the owner in ninety days it will be disposed of. Notice of the above shall be posted at city parks, recreational facilities and may be posted at designated public property subject to this chapter or any other applicable law.
C. The chief of police or the city manager, or their designees, are authorized to impound personal property pursuant to the provisions of this section, and shall make provisions for the receipt, documentation and safekeeping of personal property coming into his or her possession pursuant to this section. The chief of police or the city manager, or their designees, shall notify the owner of the personal property if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a notice to be left in a prominent place on or near the location of the personal property for any personal property impounded pursuant to this section, advising that the city is in possession of the personal property and the location where it may be claimed.
D. Notice Prior to Impoundment. The following types of notice may be given by the city of Dinuba:
1. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.
2. City parks, recreational facilities and designated public property shall provide permanent posted notice stating that the city conducts weekly cleanups of unattended personal property and that any personal property unlawfully stored in those areas will be impounded or discarded. Signs and amount of notice will comply with applicable state and federal law.
3. If neither subsection (D)(1) nor (D)(2) of this section applies, personal property unlawfully stored in public parks/recreation areas shall be impounded only after a clearly understandable notice is provided to the owner of the personal property or left at or near the location of the personal property advising that the personal property will be impounded if it is not removed. This notice will specify a date and time when the personal property will be impounded if it is not removed. The notice shall also state the legal authority for the impoundment of the property and the specific location of where the impoundment will occur and how the property may be reclaimed.
E. If, after any notice required by subsection (D) of this section is given, personal property remains unlawfully stored in a public park/recreation area, that personal property may be impounded. The city enforcement official impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.
F. Personal property coming into possession of the city pursuant to this section shall be deposited in a safe place for a period of at least ninety days. If the personal property consists of money, it shall be deposited with the city manager or his or her designee for a period of not less than ninety days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this section.
G. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:
1. The personal property shall be delivered upon proof of ownership satisfactory to the city official with custody over the personal property, after ten days’ notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).
2. If the personal property consists of money, it shall be paid to the owner upon written order from the chief of police or the city manager, or their designee. The chief of police or city manager, or their designees, shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.
3. If ownership cannot be determined to the satisfaction of the city official with custody of the personal property, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.
H. Upon expiration of the ninety-day period, any personal property received by the city and not delivered to the owner may be appropriated to the use of the city upon order of the city manager or his or her designee, on his or her finding that the personal property is needed for a public use, and any personal property not appropriated to city use may be disposed of or sold at public auction to the highest bidder. All unclaimed money received by the city, and not delivered to the owner during the ninety-day period, shall thereafter be deposited in the general fund.
I. Subject to the provisions of this chapter, any personal property coming into the possession of the city may be disposed of immediately and without notice, in a manner that the city’s enforcement official or designee determines to be in the public interest, when such personal property is perishable, contraband, or constitutes an immediate threat to the public health or safety.
J. The provisions of this chapter shall not apply to real or personal property or money subject to confiscation pursuant to state or federal law, to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. (Ord. 2023-05 § 2, 2023)
9.49.060 Tents and other enclosed temporary structures prohibited.
A. It is unlawful for any person to set up and utilize a tent or similar temporary shelter or improvised makeshift structure from random items that is not open on all sides in a public park/recreation area, except as when authorized by a permit issued by the city of Dinuba. Only the use of umbrellas or sun shades is permissible in a public park/recreation area.
B. Notwithstanding these prohibitions, an individual or family unit experiencing homelessness may not be cited for violation of this section between the hours of ten p.m. and six a.m. unless it is confirmed that there is available shelter as defined in Section 9.49.020. (Ord. 2023-05 § 2, 2023)
9.49.070 Prohibited activities in parks, recreational facilities and designated public property.
The following activities are prohibited at all city parks, recreational facilities and designated public property:
A. Alcohol Consumption or Possession Prohibited. It is unlawful for any person to possess and/or consume any alcoholic beverage within the boundaries of every public park/recreation area. The city manager or designee may maintain a listing of the park and recreation facilities where possession and consumption of alcoholic beverages may be allowed with a valid permit issued by the city of Dinuba.
B. Fires Prohibited. No person shall kindle or build a fire in any park or recreation facility, including the use of portable fire rings or any other receptacle or park amenity for the purpose of creating or containing a fire, unless prior written permission is obtained from the city of Dinuba. A fire that is lighted and maintained in a barbecue grill being utilized for cooking purposes only, and only in designated areas, shall be exempt from this prohibition. Installed park grills are designed for charcoal based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park and recreation facility. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle.
C. Use of Park Waters. It is unlawful to bathe in the waters of any lake, pond, creek, canal, ditch, pool, fountain, or at any hydrant, drinking fountain, or sink; or throw into or deposit any dirt, filth or foreign matter in the waters of any lake, pond, creek, canal, ditch, pool, or fountain, or in like manner pollute the same; provided, however, that nothing contained in this section prohibits persons from swimming in any municipal pool in accordance with the rules and regulations provided therefor. For purposes of this chapter the term “bathe” includes using park waters for the coloring of one’s hair or for other cosmetic uses.
D. Mistreatment of Animals Prohibited. It is unlawful to take, kill, wound, disturb, or maltreat any bird or animal, either wild or domesticated, unless the same shall have been declared noxious by the city manager or his or her designee and a permit issued for the killing of such noxious animals.
E. Tampering With Park Valves and Utilities Prohibited. It is unlawful to open or close any valves or switches, remove any utility access covers or secured plugs, tap into wiring, or damage any maintenance covers, plugs or other facilities pertaining to the water or electric services in any park, recreational facility or designated public property.
F. Parking Adjacent to City Parks, Recreational Facilities and Designated Public Property Prohibited per Section 9.48.060. Consistent with Section 9.48.060, “No person shall, between the hour of ten-thirty p.m. of any day and the hour of six a.m. of the following day, stop, park or leave standing any motor vehicle or other vehicle on that portion of any streets adjoining a park owned or operated by the city.” (Ord. 2023-05 § 2, 2023)
9.49.080 Penalty.
A. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the penalties set forth in Section 1.16.015. At present, pursuant to Government Code Section 36901, the maximum penalty for a misdemeanor is a fine not exceeding one thousand dollars and imprisonment not exceeding six months, or both.
B. The city manager, chief of police, city attorney or their designee shall have discretion to reduce said violation to an infraction or administrative citation subject to the penalties set forth in Section 1.16.010. Nothing in this chapter shall prevent the city of Dinuba from engaging in efforts to obtain voluntary compliance by means of warnings, notices, educational programs, and/or collaboration with other community and government partners. (Ord. 2023-05 § 2, 2023)