Chapter 9.46 UNPERMITTED CAMPING, LODGING, AND SLEEPING

Chapter 9.46
UNPERMITTED CAMPING, LODGING, AND SLEEPING ON PUBLIC STREETS, PUBLICLY OWNED PROPERTY, AND IN PUBLIC PARKS AND OTHER PROHIBITED PUBLIC PLACES

Sections:

9.46.010 Unpermitted camping, lodging and sleeping prohibited.

(A) Definitions.

(1) “Camping” means residing in or using any public street, publicly owned property, public park, or other prohibited public place for living accommodation, lodging, or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time not associated with ordinary use of the street, property, or public place, with one’s possessions or while storing one’s possessions (including but not limited to clothing; sleeping bags, bed rolls, blankets, sheets, hammocks, or other sleeping implements; luggage; backpacks; kitchen utensils; cookware; and food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears in light of all the circumstances that a person is using the street, property, or place as a living, lodging, or sleeping accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.

(2) “Human habitation” means that a person is using a vehicle for living purposes, including for example, sleeping; bathing; preparing or cooking meals; possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear or furniture set up in or around the vehicle, such as chairs, tables, umbrellas, food, water, personal grooming items, containers of feces or urine, or obstructions to some or all of the vehicle’s windows; and using the vehicle or vicinity of the vehicle for sanitation purposes, such as maintaining litter, rubbish, or waste in or around the vehicle or having human or pet urination or defecation in or around the vehicle. For purposes of this section, evidence of human habitation may include observations, considering all the circumstances, of the examples in this subsection.

(3) “Prohibited public places” means any public place not designated as a public campground pursuant to federal, state, or local statute or ordinance and shall include the following:

(a) Public streets, sidewalks, alleyways, passageways, paseos, and rights-of-way;

(b) Publicly owned property;

(d) Public parking lots, whether privately owned or publicly owned;

(e) Public landscaped areas, whether publicly owned or privately owned and maintained pursuant to a public landscape easement;

(f) Private property that is readily accessible to the general public, or is otherwise open to common or general use or view;

(g) Vacant lots;

(h) Drainage culverts and basins.

(B) Prohibitions.

(1) No person shall camp, lodge, or sleep on a public street, on publicly owned property, and in public parks and other prohibited public places when the number of available beds in shelters is greater than the number of homeless individuals in the City; provided, that nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under Federal, State or local statute or ordinance.

(2) No person shall use a vehicle for human habitation on any street or public property, unless the street or public property is specifically authorized for such use pursuant to a permit or license authorized under federal, state or local statute or ordinance or when the number of available beds in shelters is greater than the number of homeless individuals in the City, as follows:

(a) Between the hours of 10:00 p.m. and 6:00 a.m.

(b) At any time, within 500 feet of a residence, meaning a building used for living, including a house, condominium, apartment unit, or other similar dwelling unit affixed to real property.

(c) At any time, within a one block radius of any edge of a lot containing a park or a licensed school, preschool or daycare facility. (Ord. 1605 § 1, 2023; Ord. 1199 § 1, 2002)

9.46.020 Enforcement and penalties.

(A) This chapter may be enforced by Peace Officers and by the City of Palmdale employees specified in Chapter 1.16 PMC and Enforcement Officers as specified in Chapter 1.20 PMC.

(B) Violations of this chapter may be punished only as an infraction or as an administrative violation as set forth in PMC 1.12.010(C) or (D) and in no event shall any fine be issued.

(C) No citation for a violation of PMC 9.46.010(B)(1) and (B)(2) issued pursuant to the enforcement authority of this section, whether criminal, civil, or administrative, shall be issued to any person unless, at the time in question, the Enforcement Officer, in his or her reasonable discretion, is able to make an affirmative determination that there is an available bed in a shelter in the City, which includes a temporary shelter for individuals who do not have permanent housing, based on the information known to the Enforcement Officer at the time. In determining whether there is an available bed in a shelter, the Enforcement Officer shall consider all the circumstances and the policies and requirements of an available bed in a shelter, and whether it is practicable for the person to seek shelter there or elsewhere. (Ord. 1605 § 2, 2023; Ord. 1199 § 1, 2002)

9.46.030 Construction with other laws.

The City may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (Ord. 1605 § 3, 2023; Ord. 1199 § 1, 2002)