Chapter 9.24
CAMPING AND RELATED ACTIVITY
Sections:
9.24.010 Unlawful camping in public places.
9.24.020 Sitting, lying, sleeping in public places.
9.24.030 Camping on private property.
9.24.010 Unlawful camping in public places.
A. Findings and Purpose.
1. The streets, parks, public buildings and grounds, and other public areas in the city should be readily accessible and available to residents and the public at large. Public property within the city is not specifically designed for the purposes of camping and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions potentially injurious to public health.
2. Public streets, sidewalks and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.
3. The use of public property for camping purposes interferes with the rights of others to use the areas for the purposes for which they were intended, such as transportation, municipal operations, recreation and open space.
4. Camping activities may constitute a public health and safety hazard when conducted without the proper security, sanitary facilities and precautions. The necessity to clean up, repair or remediate public property that has been used for unlawful camping may result in substantial costs to the public.
5. Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.
6. There is no specific site or sites that should be designated for camping because it is the experience of the city and other municipalities that sites where camping is continuous or camping populations are numerous become public health, environmental degradation and policing problems.
7. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species as well as fresh water supplies. Except as provided for in this section, human presence in open space other than on designated trails can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.
8. It is the obligation of the city to keep its public property and public rights-of-way clean and available for public use, and to protect the public health, safety and access by city constituents.
9. The purpose of this section is to maintain public places within the city in a clean and accessible condition, to prevent the accumulation of trash and debris and to reduce the risk of both structural and brush fires.
10. This chapter must not be interpreted to criminalize any person based on their status as a homeless individual. To that end, whenever an issue of interpretation arises, this chapter must be interpreted in a manner consistent with the holding in Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584.
11. The city should seek to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents and promotes alternative models to promote compliance.
B. Definitions. For purposes of this section:
1. “Camp” means to pitch or occupy camp facilities; or to use camp paraphernalia, for living purposes in an outdoor area. The act of sleeping on its own does not constitute camping.
2. “Camp facilities” includes, but is not limited to, tents, huts, lean-tos, vehicle camping outfits, unapproved shacks or temporary shelters, cookstoves or fire pits, however constructed.
3. “Camp paraphernalia” includes, but is not limited to, tents or tent-like structures, cots, hammocks, personal cooking facilities and similar equipment. This definition shall not include blankets, sleeping bags or bedrolls.
4. “Open space” means any parcel or area of land or water which is essentially unimproved and devoted to an open space use, and which is designated on the local open space plan as any of the following: (a) for the preservation of natural resources; (b) for the managed production of resources; (c) for outdoor recreation; or (d) public health and safety.
5. “Public place” means property owned, held or leased by a public entity or agency, improved or unimproved, and includes, but is not limited to, open space, parks, plazas, parking lots, highways, streets, bridges, alleys, driveways, sidewalks, walkways or other public rights-of-way.
6. “Prohibited area” means each of the following locations:
a. All city parks;
b. The area 75 feet from the centerline of any officially designated recreational or multiuse trail that is open to the general public;
c. The River Lodge Conference Center and its surrounding property, located at 1800 Riverwalk Drive, Fortuna, CA 95540;
d. Open space; and
e. Public places located within the following zoning designations, as shown on the zoning map of the city of Fortuna adopted pursuant to FMC 17.02.030, as the same may be amended from time to time by the city council:
i. Residential estates (RE).
ii. Residential single-family (R-1, R-1-6, R-1-10).
iii. Residential multifamily (RM).
iv. Neighborhood commercial (NC).
v. Retail commercial (RC).
7. “Prohibited time” means, for each calendar day, the time beginning at 6:00 a.m. and concluding at 10:00 p.m.
8. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
C. Camping in a Public Place.
1. Unlawful Camping in Prohibited Area. It shall be unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on or under any public place in a prohibited area, as defined in subsection (B)(6) of this section, regardless of the time of day, except as otherwise provided in this chapter.
2. Unlawful Camping During Prohibited Times in a Public Place. It shall be unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia in or under any public place in the city during the prohibited time, as defined in subsection (B)(7) of this section, except as otherwise provided in this chapter.
D. Unlawful Storage of Personal Property in a Public Place. It shall be unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in any public place, except as otherwise provided by this chapter, or except by permission of the property owner. Nothing herein shall be construed to allow storage where otherwise prohibited by this chapter.
E. Property Removal. Designated city employees may remove personal property unlawfully stored or found on public places as outlined in subsection (D) of this section or found in an unlawful encampment as follows:
1. The location of any personal property including camp facilities and paraphernalia shall be noticed as follows:
It is illegal to store personal property on a public place such as public open space, parks and parking lots. If this personal property is not removed within 72 hours of the date of this posting, THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.
2. City personnel may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.
3. Personal property which has been abandoned, poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other discharge into water in violation of FMC 13.80.130, is contraband, or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by city personnel or police and stored or destroyed according to the provisions below.
F. Personal Effects.
1. “Personal effects,” for purposes of this section, means personal property consisting of the following items:
a. Medication, medical devices, eyeglasses or other prescription lenses;
b. Sleeping bag or bedroll which is sanitary and nonverminous;
c. Tents in usable and reasonably good condition;
d. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled or verminous;
e. Nonperishable food items; and
f. Personal property with an estimated individual fair market value of at least $50.00.
2. At the time of removal of unlawfully stored or remaining personal effects, city personnel shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:
a. A list of personal effects removed;
b. A telephone number for information on retrieving personal effects;
c. An address where the personal effects are temporarily stored; and
d. The length of time during which the personal effects may be claimed.
3. Following removal of unlawfully stored or remaining personal effects, city personnel shall do the following:
a. Maintain an inventory identifying the personal effects, where the personal effects were approximately located and the reasonable value of each item;
b. Place the removed personal effects in containers labeled in a manner facilitating identification by city personnel and owner, which reasonably protects such property from damage or theft; and
c. Store removed personal effects in an area designated by the city for a period of 90 days.
4. Personal property stored by the city, which is claimed within 90 days from removal, shall be released to the person claiming ownership provided the person identifies the property and the approximate location where the property was left.
5. Disposition of Property.
a. Property which remains unclaimed after 90 days may be dedicated for public use or may be given to a local nonprofit agency for charitable use.
b. All other unlawfully stored or found personal property removed from an unlawful encampment is deemed intentionally abandoned and may be summarily abated and destroyed. (Ord. 2021-750 § 1).
9.24.020 Sitting, lying, sleeping in public places.
A. Findings and Purpose.
1. Public streets, sidewalks and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.
2. Except as provided for in this section, sitting or lying on public streets, sidewalks or walkways interferes with the primary purposes of the public street, sidewalk or walkway, threatens public safety and damages the public welfare.
3. Pedestrians, particularly the elderly, disabled and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.
4. In some circumstances, people sitting or lying on sidewalks deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts contributing to a spiral of deterioration and blight, which harms the public health, safety and welfare.
5. There are numerous other places within the city where sitting can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks, numerous public benches and other seating facilities, plazas, portions of sidewalks not intensively used by pedestrians, common areas open to the public and private property with the permission of the property owner.
6. The city recognizes that there is a fundamental need to sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the city.
7. The limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights.
8. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species as well as fresh water supplies. Except as provided for in this section, human presence in open space, other than on designated trails, can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.
B. Definitions. For purposes of this section:
1. “Obstruct pedestrian or vehicular traffic” means to obstruct or impede passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.
2. “Public place” means public property, including, but not limited to, publicly owned parking lots and driveways, highways, streets, bridges, alleys, sidewalks, walkways and city-owned areas generally accessible to the public.
C. Prohibited Conduct.
1. No person shall obstruct pedestrian or vehicular traffic by sitting, lying or sleeping in a public place or in doorways or entrances or exits to buildings.
2. No person shall be permitted to sleep in a public place between the hours of 6:00 a.m. to 10:00 p.m. daily.
3. No person shall be permitted to sleep in a public place between the hours of 10:00 p.m. to 6:00 a.m. unless there are no sleeping spaces practically available in any shelter or if there does not exist any viable alternative to sleeping in a public place.
4. No person shall be permitted to sleep in any open space, as defined in FMC 9.24.010(B)(4).
5. Except as otherwise permitted under FMC Title 17, it is unlawful for any person to sleep between 10:00 p.m. and 6:00 a.m. in any vehicle parked in or upon any public place or in or upon any privately owned parking area used for the parking of customers of any business enterprise without the consent of the owner of such business enterprise.
D. Exceptions. The prohibitions set forth in subsection (C) of this section shall not apply to:
1. Persons operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an applicable, valid permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted in a public place;
2. Any conduct which is in conformity with the terms of any permit granted pursuant to this code; or
3. Persons patronizing dining establishments with seating areas in the public right-of-way, which have been permitted pursuant to this code.
E. Picketing or Protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, signature gathering, voter registration, leafleting or any other lawful activity permitted under the laws of the United States of America, state of California, or by the National Labor Relations Act in connection with a labor dispute. (Ord. 2021-750 § 1).
9.24.030 Camping on private property.
A. Except as otherwise provided in this section, it shall be unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia in, on or under any private property within the city or to start or maintain an open fire on private property in violation of the California Fire Code.
B. Except as otherwise provided in this subsection, this section shall not apply to persons camping upon their own land or to persons camping with the written consent of the owner of the land; provided, that such written consent is in their possession at the time and is shown upon demand of any peace officer and is not otherwise prohibited by FMC Title 17. No person shall camp, or permit to camp, on private property for a period of time exceeding seven consecutive days without an interruption of at least five consecutive noncamping days. For purposes of this section, camping for any portion of a day shall count as a full camping day.
C. This section shall not apply to persons lawfully camping within campgrounds or trailer parks approved pursuant to FMC Title 17 nor shall it be construed to waive or preempt any requirement or authorization provided under FMC Title 17. (Ord. 2021-750 § 1).