Calaveras County Municipal Code Ch. 9.25 Protection of Critical Infrastructure

The board of supervisors finds as follows:

A. The lack of housing options for persons experiencing homelessness in Calaveras County has led to an increase in the number of encampments within the unincorporated area of the county.

B. Encampments generally consist of camp facilities and camp paraphernalia such as tents, makeshift structures, sleeping bags, or blankets providing shelter to one or more individuals experiencing homelessness.

C. The presence of encampments in certain areas and locations within the unincorporated areas of the county poses a threat to the public health, safety, and welfare of those residing in the encampments and the community at large, because of the damage to public property, risk of fire, unsanitary conditions, environmental degradation, accumulation of debris and garbage, and obstructed access for maintenance, operations, or emergency services purposes.

D. The existence of encampments or the accumulation of debris in, on, under, or within twenty-five feet of infrastructure that is critical to the provision of public services such as law enforcement, fire protection, flood protection, transportation, and utilities including communications, water, and waste disposal, threatens the destruction of, damage to, or interference with maintenance and operation of said infrastructure.

E. The establishment and presence of encampments on, in, near, or within twenty-five feet of wildfire and flood risk areas during severe weather creates hazardous conditions for residents and emergency responders. Such hazards include the risk of physical harm, loss and/or damage to personal property, and impairment or prevention of access to areas to provide emergency aid or rescue efforts.

F. The prohibition on camping in these particular locations will enable the county to protect and preserve lives and infrastructure, ensure the provision of vital public services, and protect the public's health and safety during severe weather.

(Ord. No. 3186, § 1, 4-11-2023)

The purpose of this chapter is to protect the health, safety, and welfare of the public by prohibiting camping in, on, or near critical infrastructure, and in wildfire and flood risk areas during severe weather. The prohibition of camping in these areas is intended to mitigate the threat of fire, flooding, blocked waterways and roads, and other potential causes of destruction and damage to, and interference with, critical infrastructure and wildfire and flood risk areas, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons camping and personal property in, on, or near critical infrastructure or in wildfire and flood risk areas.

This chapter is further intended to protect critical infrastructure and wildfire and flood risk areas from damage, interference, degradation, and nuisance activity related to unauthorized activities.

(Ord. No. 3186, § 1, 4-11-2023)

A. "Camp" or "camping" means to place, pitch, or occupy camp facilities on public property; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

B. "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters (i.e. those not permanently affixed to the ground).

C. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities, and similar equipment.

D. "Critical infrastructure" means either of the following:

1. Flood protection facilities, meaning those physical structural works which have been constructed to modify flooding by reducing the extent of the areas within a community subject to flooding and the extent of the depths of associated flooding, such as levees, pumps, drainage ditches, access and patrol roads, and related facilities; or

2. Real property or a facility, which is owned, operated, leased, or maintained, or any combination thereof, by a government agency, and which is designated by the county executive or designee as being so vital or integral to the operation or functioning of the county that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

Critical infrastructure protected by this chapter may include, but is not limited to: government buildings, such as fire stations, law enforcement stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks including rail stations, or telecommunication centers (e.g. radio towers); maintenance access roads and portals or boxes (e.g. manholes, pullboxes, valve, drop inlet); systems such as computer networks, public utilities, electrical wires, natural gas pipes, drainage systems (e.g. creeks and waterways); or water sources, including water treatment, storage, transmission and distribution systems.

E. "Debris" means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.

F. "Encampment" means one or more camp facilities and/or camping paraphernalia being used, occupied, or stored on public property other than the use of a lawfully established public campground. Encampment specifically does not include an item or collection of items that reasonably appear to be for less than twelve-hour, daytime-only use, such as items brought to a park for a picnic, nap, or daytime party or gathering.

G. "Facility" means a building, structure, road, grounds, equipment, system, or asset.

H. "Garbage" means household and kitchen waste; animal, vegetable, and putrescible waste associated with the preparation, consumption, handling, or storage of edible materials; and any nonputrescible material mixed in the same container with or contaminated by putrescible waste. Garbage does not include source-separated recyclables or yard waste.

I. "Personal property" means personal effects or property consisting of the following items: identification or social security cards; medications, medical devices and eyeglasses; photos/photo albums; tax or medical records; reasonably usable, non-soiled, non-verminous items that are reasonably believed to have value to persons experiencing homelessness, including tents, blankets, sleeping bags, clothes, and operational bicycles (i.e. complete bicycles, not standalone bicycle parts). The definition of personal property does not include contraband.

J. "Severe weather" means any flood watch, any flood advisory, any flood weather warning, a fire weather watch, a winter storm warning, or a red flag warning issued by the National Weather Service for Calaveras County.

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

L. "Street" means a street, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code.

M. "Wildfire risk area" means land that is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire, as determined by the county executive or designee. It also means such areas designated by the fire marshal or fire chief of the responsible fire authority or California Code of Regulations, title 14, part 9, section 202.

(Ord. No. 3186, § 1, 4-11-2023)

Nothing in this chapter is intended to preempt or otherwise replace the enforcement of violations of other provisions of county code or provisions of state or federal law.

(Ord. No. 3186, § 1, 4-11-2023)

A. It is unlawful and constitutes a public nuisance for any person to camp, occupy camp facilities, maintain an encampment, or use or store camp paraphernalia in or on public property at the following locations:

1. Critical infrastructure;

2. Within twenty-five feet of critical infrastructure;

3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

4. Inside of, or within thirty feet of, a wildfire risk area or flood protection area during severe weather;

5. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or

B. The distances referenced above shall be measured using a straight line between the closest distance between the two points.

C. 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 has given consent and the overnight camping is limited to the period that the owner has given their consent. All overnight camping on private residential property within the county is subject to applicable restrictions on type and duration as set forth in county code.

D. It is not intended by this section to prohibit overnight camping as authorized within a lawfully sited, lawfully operating public or private campground located within the county.

E. Nothing in this chapter is intended to prohibit or make unlawful the 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 nothing herein is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such uses or activities are expressly authorized by Title 17 or other applicable laws, ordinances, or regulations.

(Ord. No. 3186, § 1, 4-11-2023)

A. The county may abate or remove camp facilities, camp paraphernalia, or an encampment established in violation of Section 9.25.050 after providing seventy-two hours' advance written notice of said abatement to all persons observed to be in possession of such personal property upon inspection and by visibly posting such notice on or adjacent to such personal property.

B. Any encampment established in violation of Section 9.25.050 may be abated with less than seventy-two hours' notice if the encampment poses an imminent threat to public health or safety. Summary abatement without prior notice is warranted when conditions or violations are so severe that they constitute an immediate threat to the public health and safety and require immediate correction or elimination. For purposes of this section, an encampment, camp paraphernalia, camp facility, or debris pose an imminent threat to public health or safety if there are facts and circumstances that would cause a reasonable person to believe that there is an immediate risk of fire or flood, actual fire or flooding, obstructions or interference with the flow of pedestrian or vehicular traffic, and/or blockage of driveways or access points providing access to emergency vehicles.

C. Abatement pursuant to subsection A may include, but is not limited to, removal of camp facilities, camp paraphernalia, garbage, hazardous waste, infectious waste, junk, or debris, and securing the perimeter of the property with fencing, gates, or barricades to prevent further violations.

D. Any personal property left behind and present during the abatement shall be stored for at least ninety days and notice of how to retrieve such property shall be provided in the same manner as notice of abatement under 9.25.060(A).

(Ord. No. 3186, § 1, 4-11-2023)

In accordance with Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of his or her office or employment in the enforcement of this chapter shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

(Ord. No. 3186, § 1, 4-11-2023)

A. A violation of any section of this chapter is declared to be a public nuisance and subject to the penalties stated herein.

B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to penalties pursuant to Chapter 8.06 of the county code.

C. Any person who violates this chapter shall be guilty of a misdemeanor. Any action to enforce this chapter through the issuance of criminal penalties shall be taken after a verbal or written warning has been given notifying the person of the risk of enforcement.

D. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter.

(Ord. No. 3186, § 1, 4-11-2023)

A. County officers and employees, including but not limited to the sheriff, are authorized to administer and enforce this chapter.

B. The county executive officer or designee is hereby authorized to promulgate rules, protocols, and procedures for the implementation of this chapter.

(Ord. No. 3186, § 1, 4-11-2023)

A. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

B. In enacting and implementing this chapter, the county is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. No. 3186, § 1, 4-11-2023)