Banning Municipal Code Ch. 9.09 Camping and Related Activity

A. Findings and Purpose.

1. The streets, parks, public buildings and grounds, and other public areas in the city should be readily accessible and available to residents and the public at large. Public property within the city is not specifically designed for the purpose of camping and so does not have the facilities necessary to protect the property from overuse and unsanitary conditions potentially injurious to public health.

2. Public streets, sidewalks, and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.

3. The use of public property for camping purposes interferes with the rights of others to use the areas for the purposes for which they were intended, such as transportation, municipal operations, recreation, and open space.

4. Camping activities may constitute a public health and safety hazard when conducted without the proper security, sanitary facilities and precautions. The necessity to clean up, repair, or remediate public property that has been used for unlawful camping may result in substantial costs to the public.

5. Pedestrians, particularly elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.

6. There is no specific site or sites that should be designated for camping because it is the experience of the city and other municipalities that sites where camping is continuous or camping populations are numerous become public health, environmental degradation, and policing problems.

7. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species, as well as fresh water supplies. Except as provided for in this section, human presence in open space other than on designated trails can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.

8. Certain public lands within the city's geographical boundaries pose significant health and safety hazards to people who make shelter or stay overnight in these areas.

9. It is the obligation of the city to keep its public property and public rights-of-way clean and available for public use, and to protect the public health, safety, and access by city constituents.

10. The city is committed to protecting the life, health, and safety of its residents and all people within the city's geographical boundaries.

11. The purpose of this section is to maintain public places within the city in a clean and accessible condition, to prevent the accumulation of trash and debris and to reduce the risk of both structural and brush fires.

12. This section shall not be interpreted to criminalize any person based on their status as a homeless individual.

13. The city council is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration.

B. Definitions. As used in this section:

1. "Camp" means to pitch or occupy camp facilities; or to use camp paraphernalia, for the purpose of occupancy, habitation, or sheltering for survival in an outdoor area, and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. The act of sleeping on its own does not constitute camping.

2. "Camp facilities" include, without limitation, tents, huts, lean-tos, vehicles, vehicle camping outfits, unapproved shacks or temporary shelters, cook stoves or fire pits, however constructed.

3. "Camp paraphernalia" includes, without limitation, tents or tent-like structures, cots, hammocks, sleeping bags, bedrolls, blankets, personal cooking facilities, and similar equipment.

4. "Open space" means any parcel or area of land or water that is essentially unimproved and devoted to an open space use, and which is designated on the local open space plan as any of the following:

(a) For the preservation of natural resources; (b) for the managed production of resources; (c) for outdoor recreation; (d) or public health and safety.

5. "Public place" means property owned, held, or leased by a public entity or agency, improved or unimproved, and includes, without limitation, open space, parks, plazas, parking lots, highways, streets, bridges, alleys, driveways, sidewalks, walkways, or other public rights-of-way.

6. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

C. Camping in a Public Place. Unless authorized by permit or other applicable law, it shall be unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on, or under any public place regardless of the time of day, except as otherwise provided in this chapter.

D. Unlawful Storage of Personal Property in a Public Place. It shall be unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in any public place, except as otherwise provided by this code, or except by written permission of the property owner. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

E. Property Removal. City designated personnel, including City Code Enforcement and Police Officers, or other authorized contractors may remove personal property unlawfully stored or found in or on public places as outlined in subsection (D) of this section or found in an unlawful encampment as follows:

1. The location of any personal property including camp facilities and camp paraphernalia shall be noticed as follows:

"It is illegal to store personal property in or on a public place.. If this personal property is not removed within forty-eight hours of the date of this posting, THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND DESTRUCTION."

The notice shall include the anticipated time and date of removal, and information on how unattended belongings may be retrieved, and the date by which they must be claimed. The notice may also include information on services, including shelter, that are immediately available to persons camping or occupying camp facilities.

2. City personnel may remove any personal property unlawfully stored or remaining in or on a public place after the forty-eight-hour posting period has expired. No removal operations shall begin earlier than the date and time posted on the notice. If the removal does not begin within two days of the date written on the notice, a new notice must be posted a minimum of forty-eight hours before removal operations may begin.

3. Any person who returns to a camp or any camp facility during removal proceedings shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.

4. Personal property which has been clearly abandoned, poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other discharge into water in violation of Section 13.24.090 of this code, is contraband, or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by city personnel or police and stored or destroyed according to the provisions below.

F. Personal belongings removed pursuant to Subsection (E) that are not a health or safety hazard shall be collected and stored for not less than 60 days as provided for herein.

1. "Personal belongings" includes:

a. Items of apparent value of fifty dollars or more;

b. Items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, backpacks, photographs, and identification (such as a driver's license, passports, or other state or federally issued identification cards).

2. Items that constitute a health and safety risk and that will not be collected include, but are not limited to:

a. Toxic sharps: needles, scissors, knives.

b. Chemicals: bleach, paint, oils, etc.

c. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids.

d. Moldy, mildewed items.

e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs.

f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.

g. Backpacks that have been determined to contain items listed in (a)—(f) above or (3) below will be discarded.

h. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of.

3. Bulky items such as mattresses and sheds, perishable items such as food, controlled substances, contraband, and trash or debris will not be collected and stored. Contraband and controlled substances should be handled by trained professionals and consistent with applicable law.

4. At the time of removal of unlawfully stored or remaining personal belongings, city personnel shall conspicuously post and date a notice either at the exact location from which the personal belongings were removed or at another nearby location giving the following information.

a. A list of personal belongings removed;

b. A telephone number for information on retrieving personal belongings;

c. An address where the personal belongings are temporarily stored; and

d. The length of time during which the personal belongings may be claimed.

5. Following removal of unlawfully stored or remaining personal belongings, city personnel shall photograph the items, collectively or individually, and store such personal belongings in an area designated by the city for a period of sixty days.

6. Personal property stored by the city, which is claimed within sixty days from removal, shall be released to the person claiming ownership provided the person identifies the property and the approximate location where the property was left.

7. Disposition of property.

a. Property that remains unclaimed after sixty days may be dedicated for public use or may be given to a local nonprofit agency for charitable use.

b. All other unlawfully stored or found personal property which remains unclaimed after sixty days is deemed intentionally abandoned and may be abated and destroyed.

8. Nothing in this section shall be construed to limit or prohibit City officials from enforcing any other city or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire code, and public nuisance laws.

(Ord. No. 1603, § 2, 4-23-24; Ord. No. 1622, § 4 (Exh. A), 4-14-26)

A. Findings and purpose.

1. Public streets, sidewalks, and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space.

2. Except as provided for in this section, sitting or lying on public streets, sidewalks, or walkways interferes with the primary purposes of the public street, sidewalk, or walkway, threatens public safety, and damages the public welfare.

3. Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk.

4. In some circumstances, people sitting or lying on sidewalks deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts contributing to a spiral of deterioration and blight, which harms the public health, safety, and welfare.

5. There are numerous other places within the city where sitting can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety, or harming the public welfare. These other places include city parks, numerous public benches and other seating facilities, plazas, portions of sidewalks not intensively used by pedestrians, common areas open to the public and private property with the permission of the property owner.

6. The city recognizes that there is a fundamental need to sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the city.

7. The limited regulation of sitting or lying down on sidewalks is both reasonably necessary and appropriately balances the public interest and individual rights.

8. Designated open space contains ecologically sensitive habitats, including many protected plant and wildlife species, as well as fresh water supplies. Except as provided for in this section, human presence in open space, other than on designated trails, can seriously damage or destroy these habitats as well as increase the risk of wildfire danger.

B. Definitions. As used in this section:

1. "Obstruct pedestrians or vehicular traffic" means to obstruct or impede passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

2. "Public place" means public property, including, without limitation, publicly owned parking lots and driveways, highways, streets, bridges, alleys, sidewalks, walkways, and city-owned areas generally accessible to the public.

C. Prohibited Conduct.

1. No person shall obstruct pedestrian or vehicular traffic by sitting or lying in a public place or in doorways or entrances or exits to buildings.

2. No person shall be permitted to sleep in a public place at any time, unless otherwise permitted by this chapter.

3. No person shall be permitted to sleep in any open space, as defined in Section 9.09.010(B)(4).

4. Except as otherwise permitted under Title 17 of this code, it is unlawful for any person to sleep between 6:00 AM. and 10:00 P.M. in any vehicle parked in or upon any public place or in or upon any privately owned parking area used for parking of customers of any business enterprise without the written consent of the owner of such business enterprise.

D. Exceptions. The prohibitions set forth in subsection (C) of this section shall not apply to:

1. Persons operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an applicable, valid permit; or person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted in a public place;

2. Any conduct that is in conformity with the terms of any permit granted pursuant to this code; or

3. Persons patronizing dining establishments with seating areas in the public right-of- way, who have been permitted pursuant to this code.

E. Picketing or protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity permitted under the laws of the United States of America, State of California, or by the National Labor Relations Act in connection with a labor dispute.

(Ord. No. 1603, § 2, 4-23-24; Ord. No. 1622, § 4 (Exh. A), 4-14-26)

A. Except as otherwise provided in this section, it shall be unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in, on, or under any private property within the city or to start or maintain an open fire on private property in violation of the Fire Code.

B. Except as otherwise provided in this subsection, this section shall not apply to persons camping upon their own land or to persons camping with the written consent of the owner of the land; provided, that such written consent is in their possession at the time and is shown upon demand of any peace officer and is not otherwise prohibited by Title 17 of this code. Irrespective of any written consent provided by the owner of the land, no person shall camp, or permit to camp, on private property for a period of time exceeding seven consecutive days without an interruption of at least five consecutive non-camping days. For purposes of this section, camping for any portion of a day shall count as a full camping day.

C. This section shall not apply to persons lawfully camping within campgrounds or trailer parks approved pursuant to Title 17 of this code, or to any permitted or otherwise lawful special event, nor shall it be construed to waive or preempt any requirement or authorization provided under Title 17 of this code.

(Ord. No. 1603, § 2, 4-23-24; Ord. No. 1622, § 4 (Exh. A), 4-14-26)

If any provision of this chapter is rendered illegal, invalid, or unenforceable, all other parts of this chapter shall remain in full force and effect.

(Ord. No. 1622, § 4 (Exh. A), 4-14-26)