Chapter 9.75
CAMPING ON PUBLIC PROPERTY
Sections:
9.75.010 Findings and purpose.
9.75.020 Definitions.
9.75.030 City council authorized to adopt rules and regulations.
9.75.040 Protection of waterways.
9.75.050 Unauthorized encampments or sleeping on public property.
9.75.060 Abatement of encampments.
9.75.070 Abandoned personal property.
9.75.080 Enforcement.
9.75.010 Findings and purpose.
The city council finds that the city of Pleasant Hill is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the city council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The city council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in unpermitted encampments on public property. (Ord. 971 § 3, 2024)
9.75.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing, recycling, or reusing of waste at an unpermitted encampment according to the process in this chapter.
Camp or camping means to pitch, erect, or occupy an encampment, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
Camp paraphernalia means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.
City manager means the city manager of the city of Pleasant Hill, California, or designee.
Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
Open space means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the city or other public agency or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.
Park means any public property, whether developed or undeveloped, held out by the city or other public agency or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks.
Public property means any public parks, open space, public grounds, public facilities, and public buildings, including immediately adjacent public areas, or any property managed, maintained, operated, and controlled by the city or other public agency.
Waste means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. Waste also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. Waste does not include compost piles, composting or recyclable material properly contained and disposed of in a timely fashion.
Waterway means all the portions of any creek or flood control channel located within the boundaries of the city and controlled by the city or other public agency. (Ord. 971 § 3, 2024)
9.75.030 City council authorized to adopt rules and regulations.
The city council, by resolution, may adopt such rules and regulations as it deems necessary to regulate the use and occupancy of public property and to facilitate the enforcement of this chapter. (Ord. 971 § 3, 2024)
9.75.040 Protection of waterways.
A. It is unlawful for any person to do any of the following:
1. Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
2. Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city or other public agency, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;
3. Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;
4. Dig into the soil on the banks of a waterway; or
5. Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.
B. Nothing in this section is intended to prohibit the activities of an owner of public or private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority. (Ord. 971 § 3, 2024)
9.75.050 Unauthorized encampments or sleeping on public property.
A. It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, waterway, and banks of a waterway, unless in an area(s) specifically designated for camping.
B. No person may sleep on any public sidewalk, street, alleyway, median, parkway or right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, at any time as to do so compromises individual and public safety.
C. At all times it is unlawful for any person to camp, maintain an encampment, or sleep where such activity poses:
1. An immediate threat or an unreasonable risk of harm to any person;
2. An immediate threat or an unreasonable risk of harm to public health or safety; or
3. Disruption to any business, store, religious institution, educational facility, or government services.
D. At all times it is unlawful for any person to camp, maintain an encampment, or sleep in the following locations:
1. Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education; provided, that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
2. In any open space, waterway, or banks of a waterway;
3. Within any transit hub or bus shelter, or along any rail tracks; provided, that signs are posted prohibiting camping that are clearly visible to pedestrians; and
4. In any park where it is determined there is a substantial public health and safety risk; and provided, that signs are posted prohibiting camping that are clearly visible to pedestrians. (Ord. 971 § 3, 2024)
9.75.060 Abatement of encampments.
The city manager may direct the removal of personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping, provided such removal is in compliance with the following procedures:
A. Written notice required prior to abatement.
1. A written notice of cleanup, in English and Spanish, will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of cleanup and giving a minimum of 72 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and current information:
You must remove your belongings from this site within 72 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice, in English and Spanish, if belongings are stored during the clean-up process.
If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.
If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. You may retrieve any stored belongings without being asked about your immigration status.
2. After 72 hours, the city manager shall be authorized to conduct abatement or cleanup of the site on the date posted on the notice of cleanup. If abatement is delayed or rescheduled, the city manager may conduct abatement within 72 hours of the posted notice of cleanup without reposting a new notice of cleanup. If abatement is delayed for a longer period of time, the city manager shall repost a notice of cleanup with a new date.
B. The city manager shall follow these additional procedures when persons are present at an encampment during abatement:
1. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.
2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.
3. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be impounded by the city in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager shall follow the abatement process in this chapter.
C. The city manager shall document the abatement process as follows:
1. Photograph or video record the site before any abatement begins;
2. When feasible, open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage; and
3. Photograph or video record the site after abatement has concluded.
D. Unclaimed items found in abatement shall be eligible for storage if:
1. Circumstances indicate that the item belongs to a person;
2. The item has apparent utility in its current condition and circumstances; and
3. The item can be safely retrieved from the site.
Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
E. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
1. Hazardous, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, insects, explosives, weapons, liquids, drug paraphernalia, or mold;
2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;
3. Practically unstorable, due to large size, weight, or other similar characteristic;
4. Contraband or stolen property; or
5. Is on the city manager’s current list of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.
F. The city manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 30 calendar days and then may be disposed of, recycled, or reused following the process in PHMC § 9.75.070 (Abandoned personal property).
G. After abatement has concluded and when eligible items are collected and will be placed in storage, the city manager shall post notices, in English and Spanish, at the location of the abatement that includes information on how a person may claim stored items. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person’s immigration status.
H. Expedited abatement.
1. In an expedited abatement, the city manager shall follow the same abatement and storage procedures in this section (Abatement of encampments), but shall post a notice of cleanup, in English and Spanish, giving a minimum of three hours for all persons to remove their personal property.
2. The city manager shall prioritize and expedite the removal of an encampment if:
a. The city receives direction from Contra Costa County or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
b. The city manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death. (Ord. 971 § 3, 2024)
9.75.070 Abandoned personal property.
A. Any personal property or possessions located on public property that are unattended and whose owner cannot be readily identified are presumed to be abandoned and, pursuant to Civil Code section 2080.7, any contrary provisions regarding procedures for unclaimed property in this code do not apply. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possessions found during the abatement process shall first be stored as required by this chapter.
B. Unattended personal property or possessions that are unsanitary, soiled or contain evidence of vermin may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed of or recycled by the city manager or donated for reuse. (Ord. 971 § 3, 2024)
9.75.080 Enforcement.
It is unlawful for a person to violate or to fail to comply with any provision of this chapter. The city may enforce any provision of this chapter by any one or more of the following methods:
A. Any person who violates any provision in this chapter is guilty of an infraction, punishable by a $100.00 fine.
B. Any person cited for a second violation of the same section of this chapter within a 12-month period is guilty of an infraction, punishable by a $200.00 fine.
C. Any person found in violation of any section of this chapter for the third time within a 12-month period is guilty of a misdemeanor, punishable by a fine not to exceed $500.00, or imprisonment not to exceed six months.
D. This chapter also may be enforced as an administrative violation under PHMC Chapter 1.35 and any other civil remedies as authorized by law. (Ord. 971 § 3, 2024)