Chapter 9.38
UNLAWFUL CAMPING
Sections:
9.38.030 Temporary seizure of property.
9.38.010 Definitions.
As used in this chapter, the following terms shall have the following meanings:
A. “Bridge” means a structure carrying a pathway or roadway over a depression, roadway, waterway, or other obstacle.
B. “Camp” or “camping” means to set up or to remain in or at a campsite.
C. “Campsite” means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.
D. “City” means the City of Elk Grove, including its employees and agents.
E. “City Manager” means the City Manager of the City of Elk Grove or their designee.
F. “Housing support services” means housing support services intended to connect a person with temporary or permanent housing resources.
G. “Public property” means any real property located in the City and owned in fee title, or its equivalent, by the City or any Federal, State, or local government agency.
H. “Private property” means any real property located in the City and owned in fee title, or its equivalent, by a private person or entity. The fact that private property may contain an easement, lien, or other interest less than fee title, or its equivalent, by a governmental or public agency does not negate the status of the property as private property.
I. “Sidewalk” means any area in the City provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering fronting or adjacent private property. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024; Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.020 Prohibitions.
A. It shall be unlawful and a violation of this chapter for any person or persons to do any of the following on any public property within the City:
1. Sleep on public sidewalks, streets, or alleyways at any time.
2. Sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
3. Occupy a campsite in or upon any sidewalk, street, alley, lane, public right-of-way, park, bench, or any other public property and/or under any bridge, unless a) otherwise specifically authorized by this chapter, b) by a formal declaration of the City Manager in emergency circumstances, or c) upon a finding by the City Manager that a special event is exempt from the prohibitions of this section, if the City Manager finds such exemption to be in the public interest and in accordance with conditions approved and imposed by the City Manager. Any such conditions imposed shall include, without limitation, a condition requiring that the applicant who is seeking or proposing an exemption to provide evidence of adequate insurance coverage, as determined by the City Manager in the City Manager’s discretion, and, for camping on City property, an agreement to defend, indemnify, and hold the City harmless for any claim, liability, damage or expense incurred by the City as a result of activities of the applicant, all in a form subject to approval by the City Attorney. Any findings by the City Manager shall specify the exact dates and location covered by the exemption.
B. It shall be unlawful and a violation of this chapter for any person to camp on private property without the consent of the owner of the private property. Notwithstanding the foregoing, it shall not be a violation of this section or this chapter for a person to camp on private property with the express permission of the owner of the property and compliance with all applicable law. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024; Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.030 Temporary seizure of property.
A. Subject to EGMC Section 9.38.050, any person who violates EGMC Section 9.38.020 shall be subject to having their personal property temporarily seized by the City pursuant to this section.
B. Prior to any seizure of personal property pursuant to this section, the City shall provide the owner/possessor of the personal property not less than twenty-four (24) hours’ written notice, on a form prescribed by the City Manager. The written notice may be personally served on the owner of the personal property or posted at the location where the personal property is stored or located.
C. Upon seizure of any personal property pursuant to this section, the City shall provide the owner/possessor with a written receipt itemizing the personal property seized, advising that the personal property will be held by the City for not less than ninety (90) days, that the owner/possessor of the seized property may retrieve such personal property within that ninety (90) day period at an address provided on the receipt, during normal business hours, and that the City may destroy or otherwise dispose of that personal property if not reclaimed and retrieved by the owner/possessor within that ninety (90) day period. Nothing herein shall require the City to store or maintain personal property that is determined by the City to present a health or safety hazard, is soiled by human waste or other contamination, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs.
D. Following seizure of any personal property pursuant to this section, the City shall secure and store the personal property seized, at the City’s expense, for a period of not less than ninety (90) days. Such personal property shall be returned to the owner/possessor upon presentation of the receipt identified in subsection (C) of this section, or such other proof satisfactory to the City that the person seeking return of the property is the owner or otherwise has a viable claim to reclaim the personal property. Any personal property not reclaimed within ninety (90) days of its seizure may be destroyed or disposed of by the City, in its discretion. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024; Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.040 Administration.
The City Manager shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter to administer the provisions of this chapter. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024; Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.050 Violations.
A. Any person violating this chapter shall be subject to the following penalty:
1. Temporary seizure of personal property, as set forth at EGMC Section 9.38.030.
2. Prior to the City pursuing the remedy set forth at subsection (A)(1) of this section, the City shall provide the violator, orally or in writing, with information about housing support services. Nothing in this section or this chapter shall require the City to provide housing to such violator.
B. Notwithstanding subsection (A) of this section:
1. Any violation of this chapter may be remedied by a civil action brought by the City Attorney.
2. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City by any lawful means.
C. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.
D. Notwithstanding any other provision of this chapter or this code, a person violating a provision of this chapter shall not be subject to any City administrative monetary fine or fines. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024; Ord. 16-2022 §3 (Exh. A), eff. 7-22-2022]
9.38.060 Misdemeanor.
Any person who violates the provisions of this chapter shall be guilty of a misdemeanor which shall be enforced pursuant to the provisions of EGMC Chapter 1.04. [Ord. 12-2024 §3 (Exh. A), eff. 10-11-2024]