Chapter 8.44 — STORAGE OF PERSONAL PROPERTY AND CAMPING IN PUBLIC AREAS

STORAGE OF PERSONAL PROPERTY AND CAMPING IN PUBLIC AREAS

The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas, and other publicly owned or controlled property within the city should be readily accessible and available to residents, businesses, and the public at large for their intended purposes. The use of these public areas for the storage of personal property or camping interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts public offices, facilities, and services, as well as neighborhoods and commercial areas. The purposes of this chapter are to maintain these public areas within the city in a clean, sanitary, safe, and accessible condition; to adequately protect the health, safety, environment, and general welfare of the community; and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses, and visitors in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property. (Ord. 1185, 10-4-2016; Ord. 1217, 10-6-2020)

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.

"Abandoned personal property." Personal property as to which it reasonably appears that the owner surrenders, relinquishes or disclaims all right, title, claim and possession, with intention of not reclaiming it or resuming its ownership, possession or enjoyment.

"Alley." Shall have the meaning set forth in § 110 of the California Vehicle Code.

"Camp." To pitch or occupy camp facilities; to use camp paraphernalia.

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

"Camping paraphernalia." Shall include, but not be limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city provided cooking facilities and similar equipment.

"Chief of police." The Chief of Police of the City of Brea, or his or her designee.

"City clerk." The City Clerk of the City of Brea, or his or her designee.

"City manager." The City Manager of the City of Brea, and shall include his or her designee.

"Community services director." The Community Services Director of the City of Brea, or his or her designee.

"Park." Shall have the same meaning as defined in § 12.00.020 of this Code.

"Personal property." Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping equipment or paraphernalia, money, books, and “shopping carts” or “carts” as defined in this section.

"Police department." The Brea Police Department.

"Public area." A publicly owned or controlled place, including, but not limited to, any public street, alley, public parking lot, public park, public rights-of-way, public parkway, public sidewalk, public recreational area, public recreational facility, the Brea Civic and Cultural Center and all public areas adjacent thereto, the Brea Library and all public areas adjacent thereto, the Curtis Theater and all public areas adjacent thereto, the Brea Community Center and all public areas adjacent thereto, the Brea Senior Center and all public areas adjacent thereto, and/or any and all other publicly-owned or controlled property in the city. “Public Area” includes places owned or controlled by the County of Orange or another government entity. “Public Area” shall not include any area designated as a public campground pursuant to federal, state or local statute, ordinance or resolution.

"Shopping carts or carts." Shall have the meaning set forth in Business and Professions Code § 22435.

"Store, stored or storage." To place or put aside personal property in a public area or accumulate it for use when needed; to place personal property in a public area for safekeeping; and/or to leave personal property unattended in a public area.

"Street." Shall have the meaning set forth in § 590 of the California Vehicle Code.

"Unclaimed personal property." Personal property that has been turned in to the Chief of Police pursuant to § 8.44.040 and/or impounded pursuant to § 8.44.050, and that has not been claimed within a period of ninety (90) days by its owner.

(Ord. 1185, 10-4-2016; Ord. 1217, 10-6-2020; Ord. 1253, 2-4-2025)

It shall be unlawful and a public nuisance for any person to store personal property in any public area, except as otherwise approved by the Chief of Police, the Community Services Director or by resolution of the City Council. Personal property stored in public areas in violation of this section shall be impounded pursuant to §§ 8.44.040 through 8.44.150 of this chapter. (Ord. 1185, 10-4-2016)

The Chief of Police is authorized to impound personal property pursuant to the provisions of §§ 8.44.040 through 8.44.150 of this chapter, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this chapter. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the city. The Chief of Police shall notify the owner of the personal property, in writing, if his or her identity is reasonably ascertainable, or, if the identity of the owner is not reasonably ascertainable, cause a written notice to be left in a prominent place at or near where the personal property was located prior to removal, for any personal property impounded pursuant to § 8.44.030, advising that the Chief of Police is in possession of the personal property and the location where it may be claimed. (Ord. 1185, 10-4-2016)

• A. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

• B. The city may erect signs in any public area or areas conspicuously stating that any personal property stored in those areas is subject to immediate impoundment. Those signs shall serve to provide the prior notice otherwise required by § 8.44.050C. Personal property unlawfully stored where any such sign has been posted may be immediately impounded.

• C. If neither subparagraph A. nor subparagraph B. apply, personal property unlawfully stored in public areas shall be impounded only after a notice is left on, or at or near the location of the personal property, advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed. Such time shall not be less than twenty-four (24) hours after the notice is left.

• (Ord. 1185, 10-4-2016; Ord. 1253, 2-4-2025)

If, after any notice required by § 8.44.050 is given, personal property remains unlawfully stored in any public area, that personal property may be impounded. The person impounding the personal property shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner. (Ord. 1185, 10-4-2016)

Personal property coming into possession of the Chief of Police pursuant to this chapter shall be deposited in a safe place for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the City’s Director of Finance for a period of not less than ninety (90) days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within ninety (90) days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this chapter. (Ord. 1185, 10-4-2016)

During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:

• A. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days’ notice by mail to any other person(s) who have asserted a claim of ownership at any address given by such person(s).

• B. If the personal property consists of money, it shall be paid to the owner upon written order from the Chief of Police to the Director of Finance. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.

• C. If ownership cannot be determined to the satisfaction of the Chief of Police, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.

• (Ord. 1185, 10-4-2016)

• A. Upon expiration of the ninety (90)-day period, any personal property received by the city and not delivered to the owner may be appropriated for the use of the city upon order of the City Manager on his or her finding that the personal property is needed for a public use, and any personal property not appropriated for city use may be sold at public auction to the highest bidder or, if determined to be of de minimus or no apparent monetary value, such property may be disposed of in any lawful manner.

• B. All unclaimed money received by the Chief of Police, and not delivered to the owner during the ninety (90)-day period, shall thereafter be deposited in the general fund.

• C. Notice of the sale at auction of unclaimed personal property shall be given by the City Clerk at the direction of the Chief of Police at least five (5) days before the time fixed therefor by publication at least once in a newspaper of general circulation.

• (Ord. 1185, 10-4-2016)

An auction for the sale of unclaimed personal property shall be conducted by the Chief of Police. (Ord. 1185, 10-4-2016)

After any auction for unclaimed personal property is completed, the proceeds of the auction shall be delivered to the Director of Finance for deposit in the general fund. (Ord. 1185, 10-4-2016)

Any personal property advertised and offered for sale but not sold and not suitable for appropriation for the use of the city shall be deemed to be of no value and shall be disposed of in such manner as the City Manager deems appropriate. (Ord. 1185, 10-4-2016)

Subject to the provisions of § 8.44.140 below, any personal property coming into the possession of the Chief of Police may be disposed of immediately and without notice, in a manner that the Chief of Police determines to be in the public interest and otherwise as provided by law, when such personal property is perishable, contraband, evidence of a crime, evidence in a criminal investigation, or is reasonably believed to constitute an immediate threat to the public health or safety.

(Ord. 1185, 10-4-2016)

• A. Public areas. No person shall camp, occupy camp facilities, use camp paraphernalia, or use a vehicle to camp in, on, or underground of any public area except as permitted by paragraph C.1.

• B. Private property. No landowner or occupant of private property shall willfully allow, authorize, or permit another person to camp, occupy camp facilities, use camp paraphernalia, or use a vehicle to camp on such private property except as permitted by paragraph C.2. or as mandated by law. This prohibition is applicable to all private property including parking lots of large markets and retail sales warehouse stores.

• C. Exceptions. This section shall not apply to the following:

  1. Camping in a public area at a park, recreational facility, or trail pursuant to authorization from the city.

  2. Camping on private property in the rear or side yard of a residential structure with the consent of the landowner or occupant as long as all of the following criteria are satisfied: (i) the camping facility is separated from the street by a fence, hedge, or other permanent obstruction; (ii) the camping facility is not visible from public rightof-way; and (iii) the camping does not occur for a period longer than forty-eight (48) consecutive hours in a thirty (30) day period.

• (Ord. 1217, 10-6-2020; Ord. 1253, 2-4-2025)

• A. No person shall obstruct access to or maintenance of public equipment or a public facility by loitering, sitting, lying, or sleeping on public property.

• B. No person shall obstruct access to or maintenance of public equipment or a public facility by abandoning, storing, using, maintaining, or placing personal property on public property.

• C. No person shall obstruct access to or maintenance of a school or playground by loitering, sitting, lying, or sleeping on public property.

• D. No person shall obstruct access to or maintenance of a school or playground by abandoning, storing, using, maintaining, or placing personal property on public property.

• E. No person shall sleep, lie down, or sit on any moveable chair, bucket, crate, cooler, or similar personal property in a public area other than as part of a lawful event taking place along a public area.

• F. No person shall sleep or lie down on or under a public transit/bus bench or a bench, table, playground equipment, or similar fixture or structure in a public park.

• G. No person shall obstruct access to a private facility by loitering, sitting, lying, or sleeping on public property.

• H. No person shall obstruct access to a private facility by abandoning, storing, using, maintaining, or placing personal property on public property.

• (Ord. 1253, 2-4-2025)

• A. The provisions of §§ 8.44.040 through 8.44.110 shall not apply to real property, or personal property or money that is subject to confiscation pursuant to state or federal law; or to personal property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. The provisions of this chapter shall not apply to any motor vehicle. Personal property found or saved on private property shall be subject to the provisions of § 8.32.070 of this code.

• B. The provisions/of this chapter shall not apply to abandoned personal property, which shall be disposed of forthwith.

• C. “Shopping carts” or “carts” shall be subject to release to the owners and operators of businesses which provide shopping carts for the convenience of their customers or abatement and/or disposal thereof as may be permitted by law.

• D. Notwithstanding the regulations set forth in this chapter, the City Manager and/or Chief of Police are hereby authorized to promulgate additional rules and policies for the implementation of this chapter in a manner consistent with state and federal law.

• (Ord. 1185, 10-4-2016)

Notwithstanding any other provision in this code, each violation of the provisions of this chapter may be enforced as follows:

• A. A violation of this chapter may be punishable alternatively as a misdemeanor or an infraction at the discretion of the City Attorney or City Prosecutor. The penalty for an infraction and/or misdemeanor shall be as set forth in Chapter 1.04 of this code.

• B. A violation of any of the provisions of this chapter hereby adopted shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

• (Ord. 1185, 10-4-2016)