Chapter 5-20 UNLAWFUL CAMPING AND PROTECTION OF REAL AND PERSONAL PROPERTY

Chapter 5-20
UNLAWFUL CAMPING AND PROTECTION OF REAL AND PERSONAL PROPERTY Revised 11/24

Sections:

5-20-01 Definitions. Revised 11/24

5-20-02 Unlawful locations for camping – Unlawful washing. Revised 11/24

5-20-03 Camping, sitting, lying or sleeping on a public place prohibited. Revised 11/24

5-20-04 Storage of personal property in public places. Revised 11/24

5-20-05 Personal property removal. Revised 11/24

5-20-06 Personal property disposition. Revised 11/24

5-20-01 Definitions. Revised 11/24

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

(a) “Camp” shall mean to utilize camp facilities and/or paraphernalia, including but not limited to laying down of bedding for the purpose of temporarily or permanently sleeping or living at that location. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

(b) “Camp facilities” shall mean tents, huts, lean tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or other materials forming temporary shelter.

(d) “Camp paraphernalia” shall mean tarpaulins, cots, beds or bedding, bedrolls, sleeping bags, hammocks, or non-City designated cooking facilities and similar equipment.

(e) “Establish” means setting up or moving equipment, supplies or materials onto public or private property to camp or operate camp facilities.

(f) “Operate” means participating or assisting in establishing or maintaining an area to camp with camp facilities and camp paraphernalia.

(g) “Personal effects” shall mean medication, eyeglasses, or other medical devices, a sanitary and nonverminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and nonverminous clothing stored in a manner protecting it from the elements, and personal property with an individual fair market value of Fifty and no/100ths ($50.00) Dollars.

(h) “Private real property” means all privately owned real property including, but not limited to, sidewalks, streets, alleyways, and improved or unimproved land.

(i) “Public place” shall mean sidewalks, streets, alleyways, City and other government owned rights-of-way, or other public space.

(j) “Public real property” means all local government-owned property including but not limited to parks, parking lots, sidewalks, streets, alleyways, and any improved or unimproved land.

(k) “Sensitive use” means real property used as a school, childcare facility, public park, public library, senior citizens center or other use designated as a sensitive use by adopted resolution of the City Council.

(l) “Store” shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-02 Unlawful locations for camping – Unlawful washing. Revised 11/24

(a) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia or to establish or maintain a location to camp in the following areas:

(1) Any public property; or

(2) Any private property.

(i) It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one (1) consecutive night.

(ii) Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by this code or other laws and regulations.

(iii) Nothing in this chapter is intended to prohibit or make unlawful the mere possession of or transportation of camp facilities or camp paraphernalia on public or private property, except as provided in this chapter.

(b) It is unlawful and a public nuisance for any person to wash one’s body or belongings in a fountain.

(1) A violation of this section shall be subject to the administrative citation fines and process pursuant to Chapter 2-11 TMC.

(2) Notwithstanding any other provision of this code, a violation of this section is a misdemeanor punishable by imprisonment not exceeding one (1) year or by fine not exceeding One Thousand and no/100ths Dollars ($1,000) Dollars, or by both.

(3) Violations of this section may be abated as public nuisances by the City pursuant to the provisions of this code, including but not limited to Chapter 5-5 TMC, or under any applicable provision of State law.

(4) Nothing in this section shall limit any of the other penalties provided for in State or Federal law.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-03 Camping, sitting, lying or sleeping on a public place prohibited. Revised 11/24

(a) No person may sit, lie, sleep or camp on a public place at any time.

(b) No person may sit, lie, sleep or camp in any pedestrian or vehicular entrance to public property or private property abutting a public sidewalk or other public right-of-way, including, for example, private doorways or entryways abutting a public sidewalk.

(c) No person may sit, lie, sleep or camp on a property defined or designated as a sensitive use. A property is of a sensitive use if it is a school, childcare facility, public park, public library or any other use designated as a sensitive use by adopted resolution of the City Council.

(d) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises.

(e) A violation of this section may be redressed as follows:

(1) A violation of this section shall be subject to the administrative citation fines and process pursuant to Chapter 2-11 TMC.

(4) Nothing in this section shall limit any of the other penalties provided for in State or Federal law.

(f) The City shall adhere to State law as it pertains to mobile and sidewalk vendors.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-04 Storage of personal property in public places. Revised 11/24

It shall be unlawful for any person to store or leave unattended personal property, including camp facilities and camp paraphernalia, in any park, parking lot, street, sidewalk, alley, other right-of-way or any public real property, except as otherwise provided by resolution of the City Council. Personal property placed in these public areas shall be deemed to be stored personal property if it has not been removed from public areas within twenty-four (24) hours of service of written notice requiring such removal.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-05 Personal property removal. Revised 11/24

The enforcement officer may remove personal property stored or found in violation of TMC 5-20-04, as follows:

(a) The location of any personal property, including camp facilities and paraphernalia, 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 public area, improved or unimproved. If this personal property is not removed by (specify at least twenty-four (24) hours/one(1) day from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.

(b) The notice shall also include:

(1) A general description of the personal property to be removed;

(2) The date and time the notice was posted;

(3) The location where the removed personal property will be stored; including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property; and

(4) That the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(c) The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.

(d) Post-removal notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include:

(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 TMC 5-20-04;

(4) The location where the removed personal property will be stored, 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 may be discarded or destroyed if not claimed within ninety (90) days after impoundment.

(e) When City personnel discover any personal property left unattended on or around any City-owned real property, City personnel may immediately remove the unattended personal property for the safety and welfare of the public. The City considers unattended personal property to be lost personal property and shall deliver such personal property to Neighborhood Services, subject to the provisions set forth in this chapter.

(1317-CS, Rep&ReEn, 10/10/2024)

5-20-06 Personal property disposition. Revised 11/24

(a) Following removal of unlawfully stored or left unattended personal effects, an enforcement officer shall:

(1) Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;

(2) Place the removed personal effects in containers 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 effects in an area designated by the enforcement officer for a period of ninety (90) days.

(b) If personal effects are claimed within ninety (90) days from removal, unless the property is connected to 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) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety (90) days from removal shall be dedicated for public use, and may be given for charitable use to a local nonprofit agency, or placed for sale pursuant to this code.

(d) All other unlawfully stored or found personal property removed is deemed intentionally abandoned and may be summarily abated and destroyed.

(1317-CS, Rep&ReEn, 10/10/2024)