Chapter 9.10
CAMPING WITHIN CITY LIMITS
Sections:
9.10.030 Unlawful camping in particular locations.
9.10.040 Storage of personal property on public property.
9.10.010 Purpose and intent.
This chapter is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the city limits for their intended purposes. Public property within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to people and public property. This chapter is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the city. (Ord. 24-05 § 3)
9.10.020 Definitions.
A. “Camping” means residing in or using any public property for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire or using any tents, or cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using public property as a living accommodation for one or more nights, with the intent to camp.
B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city-designated cooking facilities and similar equipment.
D. “Critical infrastructure” means fire or law enforcement stations; hospitals; structures, such as antennas, bridges, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water resources. This includes without limitation water wells and related facilities, water treatment plant facilities, wastewater facilities, water recharge facilities, booster stations, water pump stations, Eastern Municipal Water District facilities, Southern California Gas facilities, Southern California Edison facilities, and trash enclosures. “Critical infrastructure” also includes real property or a facility, whether privately or publicly owned, that the city manager or designee designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.
E. “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 owners. “Encampment” includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
F. “Park” means any city park and recreation area governed by Chapter 12.24.
G. “Public property” means any publicly owned property in the city, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the city.
H. “Public utilities” means any outdoor water, sewer, or electrical outlets or fixtures on government owned, maintained, or operated properties within the city that are not designated for public use.
I. “Shelter” means any city-funded shelter or shelter provided where individuals or families experiencing homelessness can access beds and other services or an area designated by the city manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the city’s website and is available by contacting the city.
J. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
K. “Waterway” means all portions of any drainage canal, stormwater basin, creek, river, lake, pond, or other water system found within the boundaries of the city of San Jacinto. (Ord. 24-05 § 3)
9.10.030 Unlawful camping in particular locations.
A. It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on any public property within the city, except as otherwise provided herein or authorized by the city manager.
B. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment where such activity poses:
1. An immediate threat or an unreasonable risk of harm to any natural person;
2. An immediate threat or an unreasonable risk of harm to public health or safety; or
3. Disruption to vital government services.
C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:
1. Within one thousand (1,000) feet of a school that offers instruction on courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education, including without limitation school district administration facilities. “School,” for purposes of this section, does not include a vocational or professional institution of higher education, like a college or university;
2. Within one thousand (1,000) feet of any youth center or day care center. “Day care center,” for purposes of this section, means a child day care facility other than a family day care home, and includes without limitation infant centers, preschools, extended day care facilities, and school age child care centers. “Youth center,” for purposes of this section, means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities;
3. Within one thousand (1,000) feet of any shelter;
4. In any waterway or banks of a waterway;
5. Within any transit hub including bus stops, on any train tracks, on any train platform, or along any train tracks;
6. In any park where the city manager determines there is a substantial public health and safety risk;
7. Within one thousand (1,000) feet of critical infrastructure;
8. Within one thousand (1,000) feet of public utilities; and
9. Wildfire risk areas, as provided in the San Jacinto Wildfire Risk Map posted to the city’s website and on file with the city clerk. (Ord. 24-05 § 3)
9.10.040 Storage of personal property on public property.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property within the city, except as otherwise provided herein or mandated by applicable law. The city manager, in conjunction with the city attorney, shall be authorized to adopt guidelines for the removal, storage, and/or destruction of personal property stored on public property. (Ord. 24-05 § 3)
9.10.050 Enforcement.
A. A first and second violation of this chapter shall be punishable as an infraction under Chapter 1.24. Subsequent violations of this chapter by the same person shall be punishable as a misdemeanor under Chapter 1.24.
B. Law enforcement officers shall not issue a criminal citation to enforce a violation of Section 9.10.030(A) between the hours of nine p.m. and five-thirty a.m. or when the person is on public property at a time when there is not available shelter. For purposes of this section, “available shelter” means shelter which is reasonably available to a person at the time of enforcement, which has been offered to the individual, has been refused by the individual, and no disability or specific circumstance would prevent the individual from using the shelter.
C. Sections 9.10.030(B) and (C) are enforceable at all times regardless of shelter availability. (Ord. 24-05 § 3)