Chapter 9.21
STORAGE OF PERSONAL PROPERTY ON CITY PROPERTY
Sections:
9.21.020 Regulation, impoundment, and discarding of stored personal property.
9.21.040 Storage, disposal, and repossession of impounded property.
9.21.050 Ban on attachments to public and private property.
9.21.010 Definitions.
The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“Administrative procedure” means the city’s administrative procedure for the removal of personal property.
“Bulky item” means any item, with the exception of a constructed tent, operational bicycle or operational walker, crutch or wheelchair, that is too large to fit into a ninety-gallon container with the lid closed, including, but not limited to, a shed, structure, mattress, couch, chair, other furniture or appliance. A container with a volume of no more than sixty gallons used by an individual to hold his or her personal property shall not in itself be considered a bulky item.
“City property” means any real or personal property owned or controlled by the city and includes, but is not limited to, any publicly owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within the city of Seaside.
“Excess personal property” means any and all personal property that cumulatively exceeds the amount of property that could fit in a ninety-gallon container with the lid closed.
“Person” means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals.
“Personal property” means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.
“Store,” “stored,” “storing” or “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. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored with the permission of the city or state on real property that is owned or controlled by the city.
“Tent” means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.
“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. 1059 § 2, 2019)
9.21.020 Regulation, impoundment, and discarding of stored personal property.
A. No person shall store any unattended personal property on city property. With pre-removal notice as specified in SMC 9.21.030(A), the city may impound any unattended personal property stored on city property regardless of volume. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
B. No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in SMC 9.21.030(A), the city may impound any unattended personal property stored on city property regardless of volume. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
C. No person shall store any personal property on city property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time (ADA). Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
D. No person shall store any personal property on city property within ten feet of any operational and utilizable entrance, exit, driveway or loading dock. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored in a public area within ten feet of any operational and utilizable entrance, exit, driveway or loading dock. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
E. No person shall store personal property on city property that has a clearly posted closure time at any time after the posted closure time. Without prior notice, the city may remove and impound personal property, whether attended or unattended, stored on city property that has a clearly posted closure time, provided the personal property is removed and impounded after the posted closure time. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
F. No person shall store personal property on city property that has been noticed for a cleanup pursuant to SMC 9.21.030(C). Without additional notice to that notice required by SMC 9.21.030(C), the city may remove and impound personal property, whether attended or unattended, stored on city property that has been noticed for a cleanup, provided the personal property is removed and impounded during the time of the noticed cleanup or within twenty-four hours following any noticed cleanup. Post-removal notice shall be provided as set forth in SMC 9.21.030(B).
G. No person shall store any personal property on public property if the personal property, whether attended or unattended, constitutes an immediate threat to the health or safety of the public. Without prior notice, the city may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public.
H. No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes evidence of a crime or contraband. Without prior notice, the city may remove and may discard any personal property that constitutes evidence of a crime or contraband, as permissible by law.
I. No person shall store any bulky item on city property. Without prior notice, the city may remove and may discard any bulky item, whether attended or unattended, stored in or on city property unless the bulky item is designed to be used as a shelter. For any bulky item that is designed to be used as a shelter, but does not constitute a tent as defined in SMC 9.21.010, with pre-removal notice as specified in SMC 9.21.030, the city may remove and discard the bulky item, whether attended or unattended. If the bulky item violates another subsection herein, even if it is designed to be used as a shelter, the city may remove, impound, or discard the bulky item pursuant to that subsection. (Ord. 1059 § 2, 2019)
9.21.030 Notices.
A. Pre-Removal Notice. Pre-removal 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 and the actual removal commences no less than seventy-two hours after the pre-removal notice is posted. The written notice shall contain the following:
1. A general description of the personal property to be removed.
2. The location from which the personal property will be removed.
3. The date and time the notice was posted.
4. A statement that the personal property has been stored in violation of SMC 9.21.020.
5. A statement that the personal property may be impounded if not removed from public areas within twenty-four hours.
6. A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area.
7. The address where the removed public property will be located, including a telephone number through which a person may receive information as to impounded personal property.
8. A statement that impounded personal property may be discarded if not claimed within ninety days after impoundment.
B. Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:
1. A general description 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 in violation of SMC 9.21.020.
4. The address where the removed personal property will be located, including a telephone number and internet website of the city through which a person may receive information as to impounded personal property.
5. A statement that impounded personal property may be discarded if not claimed within ninety days after impoundment.
C. Notice of Cleanup of Public Property. It may be necessary to periodically close public property for cleaning and removal of accumulated garbage, refuse, hypodermic needles, and debris. The city council shall approve, by resolution, a form and procedure for the promulgation of public notice of the closing of public property for such cleanings. No more than one-fourth of the sidewalks in the city shall be closed for cleaning on any one day. (Ord. 1059 § 2, 2019)
9.21.040 Storage, disposal, and repossession of impounded property.
A. Except as specified herein, the city shall move impounded personal property to a place of storage.
B. Except as specified herein, the city shall store impounded personal property for ninety days, after which time, if not claimed, it may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days.
C. The city shall maintain a record of the date any impounded personal property was discarded.
D. The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property. (Ord. 1059 § 2, 2019)
9.21.050 Ban on attachments to public and private property.
A. Public Property. No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including, but not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mail box, pole, bench, news rack, sign, tree, bush, shrub or plant, without the city’s prior written consent.
B. Private Property. No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel.
C. Removal. Without prior notice, the city may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any street or area where the public may travel. (Ord. 1059 § 2, 2019)
9.21.060 Illegal dumping.
Nothing herein precludes the enforcement of any law prohibiting illegal dumping. (Ord. 1059 § 2, 2019)
9.21.070 Unlawful conduct.
A. No person shall willfully resist, delay or obstruct a city employee from moving, removing, impounding or discarding personal property stored on city property in violation of SMC 9.21.020.
B. No person shall refuse to take down, fold, deconstruct or otherwise put away any tent erected or configured between the hours of seven a.m. and seven p.m., in violation of SMC 9.21.020, or willfully resist, delay or obstruct a city employee from taking down, folding, deconstructing, putting away, moving, removing, impounding or discarding the tent, including by refusing to vacate or retreat from the tent.
C. No person shall refuse to remove any barrier, string, wire, rope, chain or other attachment that violates SMC 9.21.050, or willfully resist, delay or obstruct a city employee from deconstructing, taking down, moving, removing, impounding or discarding the barrier, string, wire, rope, chain or other attachment, including by refusing to vacate or retreat from an obscured area created by the attachment.
D. No person shall willfully resist, delay or obstruct a city employee from removing or discarding a bulky item stored in violation of SMC 9.21.020, including by refusing to vacate or retreat from within the bulky item or from an obscured area created by the bulky item.
E. A violation of SMC 9.21.060 prohibiting illegal dumping is unlawful conduct. (Ord. 1059 § 2, 2019)