Atwater Municipal Code Ch. 8.50 Camping and Storage of Personal Property

Footnotes:

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Editor's note— Ord. CS 976, § 1, adopted Oct. 24, 2016, amended Ch. 8.50 in its entirety to read as herein set out. Former Ch. 8.50, §§ 8.50.010—8.50.050, pertained to camping, sleeping and storage of personal property, and derived from Ord. CS 968, § 1, adopted Sep. 14, 2015.

The purpose of this chapter is to ensure that public property, streets and areas within the City are safe, clean, free from obstruction, readily accessible, and available for use by the public. Use of public property, streets and areas for camping and/or storage of personal property interferes with the rights of others to use these areas for their intended purpose.

(Ord. CS 976, § 1, 10-24-2016)

Except as otherwise expressly set forth herein, the following words and terms as used in this chapter shall have the following meanings:

A. "Camp" or "camping" shall mean to pitch or occupy camp facilities; to use camp paraphernalia.

B. "Camp facilities" shall include, but not be limited to, tents, huts or temporary shelters.

C. "Camp paraphernalia" shall include, but not be limited to, tarpaulins, cots, beds, sleeping bags, hammocks, non-City designated cooking facilities, open flames, fire stoves and similar equipment.

D. "Public property" shall mean property owned by the City or otherwise dedicated to the use of the public and shall also include privately owned property open to the public. The term "public property" shall expressly include, but not be limited to, streets, medians, traffic islands, alleyways, improved or unimproved public parking lots or parking areas, parks, recreation areas, landscaped areas, green areas, and walkways.

E. "Store personal property" shall mean allow the accumulation or putting aside any item of personal property, or to leave any item of personal property unattended, discarded or abandoned.

(Ord. CS 976, § 1, 10-24-2016)

It shall be unlawful for any person to camp, occupy camp facilities, and use camp paraphernalia or store personal property on public property unless expressly permitted to do so at a designated campground.

(Ord. CS 976, § 1, 10-24-2016)

The City shall have the right to confiscate from public property any personal property stored in violation of this chapter.

A. The City shall provide written notice of the intent to seize the personal property 24 hours before seizing the items.

B. The City shall make a good faith effort to locate the owner(s) of the personal property and to provide him/her with an opportunity to collect the personal property before seizing the items.

C. Prior to removing any personal property, the City shall create a written inventory and take photos of the items.

D. Upon removing any personal property, the City shall leave a written notice at the location of the confiscation confirming that a seizure has occurred pursuant to this chapter and providing instructions for how to claim the items.

E. The City shall store all items confiscated pursuant to this chapter for 90 days in accordance with California Civil Code § 2080, et seq. (as amended) and shall, to the extent reasonably practical and without any duty to investigate the recommended storage parameters, properly store perishable items such as medication.

F. The City shall comply with the provisions of California Civil Code § 2080, et seq. (as amended) in selling any items confiscated pursuant to this chapter and in collecting the costs thereof.

(Ord. CS 976, § 1, 10-24-2016)

A. Any person who violates any provision of this chapter shall be deemed to have created a nuisance.

B. The first violation of any provision of this chapter shall be punishable by a fine in the amount of $100.00, in addition to any other criminal, civil, and/or administrative remedies.

C. The second violation of any provision of this chapter shall be punishable by a fine in the amount of $250.00, in addition to any other criminal, civil, and/or administrative remedies.

D. The third violation of any provision of this chapter shall be punishable by a fine in the amount of $500.00, in addition to any other criminal, civil, and/or administrative remedies.

E. Subsequent violations of any provision of this chapter shall be a misdemeanor and shall be punishable by a fine in the amount of $1,000.00, imprisonment for a maximum of six months County jail, or both.

(Ord. CS 976, § 1, 10-24-2016; Ord. CS 1039, § 6, 10-11-2021)