Chapter 12.28
STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
Sections:
12.28.030 Storage of personal property prohibited.
12.28.040 Notice of impound and/or disposal.
12.28.050 Storage, reclamation, and disposition process.
12.28.060 Evidence in a criminal case.
12.28.010 Purpose and intent.
The accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas constitutes a threat to the peace, health, safety and/or general welfare of the public and disrupts the use and enjoyment of such public spaces. The City Council finds it necessary to remove such personal property located on public lands in a manner that is consistent with State and Federal law, and which promotes the health and safety, and general welfare of those who use these public lands. (Ord. 1605 § 45, 2023)
12.28.020 Definitions.
As used in this chapter, the terms listed below shall have the following meaning assigned to them:
(A) “Abandoned personal property” means personal property that the owner surrenders, relinquishes, or disclaims.
(B) “Block” means 500 feet.
(C) “Park” means a park, playground, recreation center, tennis courts, swimming facilities, sports field, ball field and/or open space or other area, structure or facility, owned or used by the City and devoted to active or passive recreation, or open for or dedicated to public use within the City of Palmdale, including, without limitation, those constructed, adapted, or designated as such after adoption of this chapter.
(D) “Public area” means all property that is owned, managed or maintained by the City and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.
(E) “Personal property” means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as cooking utensils, money, medication, documents, clothing, luggage, and books.
(F) “Store, stored, storing, storage” means to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area.
(G) “Street” means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, 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.
(H) “Unattended” means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered “attended” if a person is present with the personal property and the person claims ownership over the personal property. (Ord. 1605 § 45, 2023)
12.28.030 Storage of personal property prohibited.
(A) It shall be unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the City Manager or designee or as permitted by the PMC or State law:
(1) Any public street or right-of-way, including sidewalks, bus stops, and public landscaping; or
(2) Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.
(B) A violation of this section is punishable as a misdemeanor or chargeable at the District Attorney’s or City Prosecutor’s discretion. The Enforcement Officials provided in subsection (C) of this section may also deem the violation an infraction in their discretion when enforcing this section.
(C) This section and entire chapter may be enforced by the City of Palmdale employees specified in PMC 1.16.010(A).
(D) Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in PMC 12.28.040 through 12.28.050. (Ord. 1605 § 45, 2023)
12.28.040 Notice of impound and/or disposal.
(A) No notice required for intentionally abandoned, contraband, or hazardous waste. Unlawfully stored personal property that is believed in good faith, by those authorized to enforce this chapter, to be intentionally abandoned or which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste or trash may be disposed of without any notice.
(B) No notice required for evidence in criminal case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice.
(C) Notice required for all other personal property. For all other personal property beyond that identified in subsections (A) and (B) of this section, actions taken on such personal property that is unlawfully stored pursuant to this chapter must be done according to the following notice provisions:
(1) Preremoval Notice. Preremoval notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property if the personal property is unattended. The written notice shall contain the following:
(a) General description of the personal property to be removed.
(b) The location from which the personal property will be removed.
(c) The date and time the notice was posted.
(d) Statement that the personal property has been stored in violation of PMC 12.28.030.
(e) Statement that the personal property will be impounded if not removed from the public area within 24 hours.
(f) Statement that moving stored personal property to another location in the public area shall not be considered to be removing personal property from the public area.
(g) The location where the removed personal property will be stored at the City through the Code Enforcement Division, including telephone number and the internet website of the City’s Code Enforcement Division through which the person may receive information as to the impounded personal property as well as information as to voluntary storage location(s).
(h) Statement that impounded personal property may be discarded if not claimed and information regarding reclamation, disposition, and disposal.
(2) Post-removal Notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:
(a) General description of the personal property removed.
(b) The date and approximate time the personal property was removed.
(c) Statement that the personal property was stored in a public area in violation of PMC 12.28.030.
(d) The location where the removed personal property will be stored at the City through the Code Enforcement Division, including telephone number and internet website of the City’s Code Enforcement Division through which the person may receive information as to impounded personal property.
(e) Statement that the impounded personal property may be discarded if not claimed and information regarding reclamation, disposition, and disposal. (Ord. 1605 § 45, 2023)
12.28.050 Storage, reclamation, and disposition process.
(A) Except as specified herein, the City through the Code Enforcement Division shall store impounded personal property pursuant to this chapter at a designated place of storage.
(B) Except as specified herein, the City through the Code Enforcement Division shall store impounded personal property for 90 days, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law.
(C) Reclamation. During the 90-day holding period pursuant to subsection (B) of this section, a person may repossess the personal property provided he or she establishes proof of ownership to the City’s Code Enforcement Division by, among other methods, describing the location and date when the personal property was impounded from public area, and providing reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. If ownership cannot be determined to the satisfaction of the City Code Enforcement Division or designee, the City may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the City Code Enforcement Division shall continue to hold the personal property until such a determination is made.
(D) Disposition Other Than Reclamation. Upon the expiration of the 90-day holding period for personal property as specified in subsection (B) of this section any remaining personal property not claimed by or returned to the owner may be appropriated to the City upon order of the City Manager or designee that the personal property is needed for a public use. Any personal property not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the City Manager or designee. If personal property constitutes money, such money shall be deposited into the City’s general fund.
(E) The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days. The City Code Enforcement Division shall maintain a record of the date and manner of coming into possession of the impounded personal property, adequate description of the same, and the dates of storage and disposition, and disposition of the personal property. (Ord. 1605 § 45, 2023)
12.28.060 Evidence in a criminal case.
Notwithstanding PMC 12.28.050, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code Section 1417 et seq. (Ord. 1605 § 45, 2023)