CHAPTER 1
CRIMES AGAINST PUBLIC PEACE AND ORDER
ARTICLE 8. CAMPING
SECTION:
§6083: Storage Of Personal Property On Public Or Private Property
§6080 DEFINITIONS
The following words shall have the following meanings, when used in this article, unless the context clearly indicates otherwise:
CAMP FACILITIES: Tents, tent-like shelter, tarpaulins, huts, or temporary or permanent structures, when placed on public or private property for the purpose of camping or when used on public or private property to camp. Camp facilities also include recreational or motor vehicles used as camp facilities.
CAMP PARAPHERNALIA: Bedrolls, blankets, tarpaulins, cots, beds, sleeping bags, tents, hammocks, mattresses, sleeping pads, portable stoves, barbecues, grills, cooking pots, or similar equipment when placed on public or private property for the purpose of camping or when used to camp. Camp paraphernalia also includes other personal property, when used or stored with camp paraphernalia as described herein.
CAMP SITE: The physical area on public or private property occupied by camp facilities and/or camp paraphernalia for purposes of camping.
ESTABLISH: Setting up or moving camp facilities, camp paraphernalia or other equipment, supplies or materials onto public or private property to camp or make ready to camp.
FLOODWAY: The area designated as "floodway" on the Flood Boundary Floodway Map issued by the Federal Emergency Management Authority ("FEMA") for the City of Ukiah, regardless of ownership, and any other area within fifty feet (50') of the top of the bank of any creek, stream, river or drainage facility the purpose of which is to channel water to a creek, stream or river.
MAINTAIN: Keeping or permitting camp facilities, camp paraphernalia or other equipment, supplies or materials to remain on public or private property to camp or make ready to camp.
MOTOR VEHICLE: A self-propelled car, truck or van or other motorized vehicle that can carry two (2) or more persons within an enclosed or enclosable portion thereof.
OCCUPY: To be physically present and/or reside at a camp site.
OPERATE: Participating or assisting in establishing or maintaining a camp or camp facility.
PERMANENT: When used in reference to a camp site, camp facilities, camp paraphernalia or other equipment, supplies or materials: any camp facility, camp paraphernalia or other equipment, supplies or materials that cannot be broken down, packed up, and removed from a camp site as readily as a tent or tentlike structure, as commonly used for temporary recreational camping.
PRIVATE PROPERTY: Real property that is not public property, including, but not limited to, streets, sidewalks, and improved or unimproved land.
PUBLIC PROPERTY: Real property that is open to the public and owned by a government body or agency such as, but not limited to, the Federal government, the State of California, the County of Mendocino, the City of Ukiah, and special districts, regardless of the form of ownership, including, but not limited to, streets, sidewalks, and improved or unimproved land and parks.
RECREATIONAL OR MOTOR VEHICLES USED AS CAMP FACILITIES: Recreational or motor vehicles when placed on public or private property to camp.
RECREATIONAL VEHICLE: As defined in California Health and Safety Code section 18010.
RECREATIONAL VEHICLE PARK OR MOBILE HOME PARK: Any area of land within the City licensed pursuant to the California Health and Safety Code as a mobile home park, as defined in California Health and Safety Code section 18214, or a special occupancy park as defined in California Health and Safety Code section 18862.43, which has a currently effective city business license, and in which space is rented or held out for camping.
SIDEWALK: Any area of public property adjacent to a street, or within a parking lot, whether improved or unimproved, and commonly intended or designed for pedestrian use.
STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
STREET: A street, alley, way or place of whatever nature, publicly or privately maintained for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code.
TO CAMP or CAMPING: The occupation of a camp site, either in the open air or using camp facilities and camp paraphernalia, including to place, pitch, or use, as applicable, camp facilities or camp paraphernalia for such purposes. (Ord. 1061, §3, adopted 2005; Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
§6081 UNLAWFUL CAMPING
Except as provided in this article, it is unlawful and a public nuisance for any person to camp, or to establish, maintain, operate or occupy a camp site, camp facilities, or use camp paraphernalia in or upon the areas listed in subsections A through F of this section:
A. Any public park except as provided for in section 1967 of this code;
B. Any sidewalk;
C. Any street except for recreational or motor vehicles used as camp facilities that are legally parked and do not remain parked longer than the posted time limit, if any, or twelve (12) hours, whichever is less;
D. Any other public property except as otherwise permitted in this article;
E. Any floodway whether on public or private property;
F. Any private property, except when permitted under subsection G of this section.
G. The prohibitions on camping do not apply to:
1. Camping on private residential property by friends or family of the property owner or person in lawful possession of the property, so long as the owner or lawful occupant consents, and the camping does not create a public or private nuisance;
2. Mobile home parks and special occupancy parks or other locations where camping is specifically allowed under the Ukiah City Code;
3. Camping on public or private property in connection with a special event, when authorized pursuant to section 6082 of this code.
H. No person shall be in violation of the general prohibition on camping on public property contained in subsection D of this section unless:
1. The person is informed of the location of homeless shelters currently in operation in the City or outside of but within one mile of the City limits;
2. Such shelter is actually available to the person; and
3. The person voluntarily refuses to utilize or sleep in such shelter.
I. Even if the prohibition on camping does not apply, because the requirements set forth in subsection H of this section are not met, establishment, maintenance, operation or occupation of camp facilities is prohibited between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. and constitutes a violation of this section, except as otherwise permitted herein.
J. Even if the prohibition on camping does not apply, because the requirements set forth in subsection H of this section are not met, establishment, maintenance, operation or occupation of a camp site, camp facilities, or use of camp paraphernalia within an area larger than sixty-four (64) square feet per person is prohibited and constitutes a violation of this section, except as otherwise permitted herein.
K. Recreational or motor vehicles used as camp facilities shall be allowed to occupy a space equal to the dimensions of the vehicle, if parking in the space is otherwise permitted under this code, but the establishment, maintenance, operation, or occupation of a camp, camp facilities, or use of camp paraphernalia outside the vehicle is prohibited and constitutes a violation of this section except as otherwise permitted herein.
L. Establishment, maintenance, operation or occupation of permanent camp facilities or camp paraphernalia for camping; attaching permanent structures to trees or other on-site fixtures and the associated installation of fencing or similar materials is prohibited and constitutes a violation of this section. (Ord. 1061, §3, adopted 2005; Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
§6082 SPECIAL EVENT PERMIT
The City Manager or his or her designee may issue a permit pursuant to this section authorizing camping on public or private property for a special event, provided he or she can find that the event will not cause a public or private nuisance, when conducted in accordance with reasonable conditions intended to avoid nuisance impacts. "Special event," as used herein, means an event sponsored by the City or a nonprofit or community based organization of not more than seventy-two (72) hours’ duration which is conducted for the purpose of promoting sports, education, or other charitable activities.
A. The City Manager or his or her designee shall require a written application from the sponsoring organization for camping in connection with a special event. No such application shall be required for a City sponsored event. The application shall contain such information as the City Manager shall determine necessary in order to assure compliance with this section.
B. The sponsoring organization must agree in writing to abide by any reasonable conditions imposed in connection with the issuance of a permit, which shall include, at a minimum:
1. Special event insurance with coverage and policy limits determined to be adequate by the City in consultation with its liability insurer;
2. An agreement to indemnify and defend the City against any claims arising out of the event;
3. Provision for adequate sanitation and trash collection facilities; and
4. Measures to control noise and other conditions which could disturb the peace and quiet enjoyment of neighboring properties.
C. Any failure to comply with a condition imposed on a sponsoring organization shall be considered a violation of this article, shall entitle the City Manager to deny a future application by such organization, and shall be subject to any other remedies authorized by this code or other provisions of law. (Ord. 1061, §3, adopted 2005; Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
§6083 STORAGE OF PERSONAL PROPERTY ON PUBLIC OR PRIVATE PROPERTY
It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas:
A. Any public property;
B. Any floodway; or
C. Outside a structure on any private property without the prior written consent of the owner. (Ord. 1061, §3, adopted 2005; Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
§6084 ENFORCEMENT
The Ukiah Police Department shall adopt a policy establishing procedures to be followed by its officers in the enforcement of this article that prevent this article from being enforced in an arbitrary or discriminatory manner and that prevent the violation of the constitutional right to due process and to be free from unreasonable search or seizure. The City Council shall adopt by resolution1 procedures for removing personal property from an area used for camping in violation of this article and provide an opportunity and procedure for any person to claim property removed by the City from a site used for camping in violation of this article. (Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
§6085 PENALTY FOR VIOLATION
A violation of this article is a misdemeanor subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment in the County jail for a period not exceeding three (3) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. 1061, §3, adopted 2005; Ord. 1152, §2, adopted 2014; Ord. 1195, §1, adopted 2019)
Code reviser’s note: See Resolution 2014-39.