Chapter 9.84
PERSONAL PROPERTY STORAGE ON PUBLIC PROPERTY
Sections:
9.84.050 Property disposition.
9.84.010 Purpose.
Public areas should be accessible and available to residents and the public at large for their intended uses. The unauthorized use of public property for the storage of personal property interferes with the rights of other members of the public to use public areas for their intended purposes, including those with accessibility issues, and can create a public health or safety hazard that adversely affects residential and commercial areas. The purpose of this chapter is to maintain public areas in clean, sanitary and accessible condition to prevent the misappropriation of public areas for personal use, and to promote the public health and safety by ensuring that public areas remain readily accessible for their intended uses. [Ord. 9-2019 § 3 (Exh. A)].
9.84.020 Definitions.
As used in this chapter, the following terms shall be ascribed the following meanings:
“Person” means any natural person or individual, group, business, business trust, company, corporation, joint venture, joint stock company, partnership, entity, association, club or organization composed of two or more individuals (or manager, lessee, agent, servant, officer or employee).
“Personal property” means any and all tangible things or property, including, without limitation, goods, materials, products, and merchandise or food of any kind. For purposes of this chapter, “personal property” shall not include abandoned, wrecked, dismantled, or inoperative vehicles situated or stored upon public property within the meaning of Chapter 6.56 RCMC.
“Public property” shall mean that portion of any public area or public areas within the city of Rancho Cordova that are owned, managed, controlled, or maintained by the city, including, without limitation, any parking lot, lot, street, median strip, space, ground, building, structure, sidewalk, avenue, highway, lane, alley, court, place, square, parkway, curbs, bikeway, or any right-of-way or other public way in the city, improved or unimproved.
“Store” shall mean to put aside or accumulate for use when needed, or to put for safekeeping, and/or to place or leave or lay away in a location for preservation or later use or disposal, separate and apart from being carried, kept, or stored upon one’s natural person. [Ord. 9-2019 § 3 (Exh. A)].
9.84.030 Prohibitions.
A. It shall be unlawful for any person to store personal property on public property within the city.
B. Personal property shall be deemed to be stored personal property if it has not been removed from public property within 24 hours of service of written notice requiring such removal.
C. All stored personal property may be impounded by the city, pursuant to this chapter.
D. The provisions of this chapter shall not be applicable to, or deemed to prohibit, personal property that is stored in a public area pursuant to statute, ordinance, permit, regulation, or other lawful authorization by the city, state, or federal government. [Ord. 9-2019 § 3 (Exh. A)].
9.84.040 Notice.
A. Preremoval Notice. The enforcement officer may remove personal property unlawfully stored or found in a public area as follows:
1. The location of any personal property shall be tagged and dated with a notice including the following:
It is illegal to store personal property in a City park, street, public parking lot, or any public area, improved or unimproved. If this personal property is not removed from public property within 24 hours from the date of this posting (specify date and time deadline), THIS PERSONAL PROPERTY SHALL BE DEEMED UNLAWFULLY STORED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.
2. The notice shall also include (a) a general description of the personal property to be removed, (b) the date and time the notice was posted, (c) how the removed personal property may be retrieved, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property, and (d) that the impounded personal property may be discarded or destroyed if not claimed within 90 days after impoundment.
3. The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.
B. Postremoval Notice. Upon removal of such personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written postremoval notice shall include (1) a general description and location of the personal property removed, (2) the date and approximate time the personal property was removed, (3) a statement that the personal property has been stored on public property in violation of this chapter, (4) how the removed personal property may be retrieved, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property, and (5) that the impounded personal property will be deemed abandoned and may be discarded or destroyed if not claimed within 90 days after impoundment.
C. Nothing in this section shall prevent, restrict, or otherwise limit the city’s right to remove, without prior notice, (1) evidence of a crime or contraband from a public area, (2) personal property placed in a public area that poses an immediate threat to the health or safety of the public, (3) personal property placed in a public area after the closure time of such public area, (4) abandoned personal property, and (5) any personal property otherwise authorized by law to be removed without prior notice. Postremoval notice shall be provided as set forth in subsection (B) of this section. [Ord. 9-2019 § 3 (Exh. A)].
9.84.050 Property disposition.
A. Following removal of unlawfully stored personal property, an enforcement officer shall:
1. Maintain an inventory reasonably identifying the personal property, where the personal property was approximately located prior to removal; and
2. Place the removed personal property in containers or other appropriate storage devices or carriers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and
3. Store removed personal property in an area designated by the enforcement officer for a period of 90 days.
B. If removed personal property is claimed within 90 days from removal, unless the property is connected to, or evidence of, a crime or is illegal to possess, the enforcement officer shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.
C. All unlawfully stored personal property pursuant to this chapter remaining unclaimed at the end of 90 days from removal shall be deemed intentionally abandoned and may be summarily abated or destroyed, or shall be dedicated for public use or may be given for charitable use to a local nonprofit agency, or placed for sale. [Ord. 9-2019 § 3 (Exh. A)].
9.84.060 Violation – Penalty.
A. Every violation of this chapter is declared to be a misdemeanor and subject to the penalties prescribed by this code. Notwithstanding the preceding sentence, a violation of this chapter may, in the discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as an infraction.
B. Notwithstanding the foregoing, any person who violates a provision of this chapter is subject to the imposition of administrative citations pursuant to RCMC 16.18.205(F).
C. The remedies and penalties provided in this chapter and this code are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, including those in RCMC 1.01.190 and Chapter 16.18 RCMC, and none of these penalties and remedies prevent the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance. [Ord. 9-2019 § 3 (Exh. A)].