Chapter 5
BAN ON THE USE OF CERTAIN AREAS OF PUBLIC RIGHTS-OF-WAY AS SLEEPING OR LIVING ACCOMMODATIONS
Sections:
5.2 Prohibition of using public rights-of-way as sleeping or living accommodations.
5.1 Definitions.
The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and shall not apply to any other chapter of the Gilroy City Code.
(a) “City employee” means any full- or part-time employee of the City of Gilroy.
(b) “Personal property” means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents and medication.
(c) “Public right-of-way” means all property that is owned, managed, or maintained by the city, or where the city possesses a property interest allowing public use of such property (such as a right-of-way interest), and shall include, but not be limited to, any public street, space, ground, building or structure.
(d) “Sidewalk” means that portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel.
(e) “Street” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel or parking, and includes every highway, avenue, lane, alley, court, place, square, sidewalk, parking lot, parkway, curbs, bikeway or other public way in this city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
(f) “Tent” means a collapsible shelter made of fabric or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. (Ord. No. 2023-07, § 2, 6-19-23)
5.2 Prohibition of using public rights-of-way as sleeping or living accommodations.
(a) Parks and Playgrounds. No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations 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:
(1) Within five hundred (500) feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.
(b) Other Public Rights-of-Way. No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations:
(1) In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time.
(2) Within five hundred (500) feet of any school or daycare facility. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed.
(3) Within one hundred (100) feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and overpasses.
(4) Within ten (10) feet of any operational or utilizable building entrance, exit, driveway or loading dock.
(5) Within five (5) feet of any fire hydrant, fire plug, or other fire department connection.
(6) In a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the city has issued a permit.
(7) In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane.
(8) City creeks and creek embankments within Gilroy city limits. (Ord. No. 2023-07, § 2, 6-19-23)
5.3 Penalties.
A violation of this chapter involving a person who willfully resists, delays, or obstructs a city employee from enforcing this chapter or who willfully refuses to comply after being requested to do so by a city employee shall be punishable as a misdemeanor. All other violations of this chapter shall be enforceable only as infractions pursuant to section 1.7 or by issuance of an administrative citation pursuant to section 6A.13. (Ord. No. 2023-07, § 2, 6-19-23)