Calexico Municipal Code Ch. 9.14 Camping on Public or Private Property

For the purposes of this chapter, the following definitions shall apply:

"Abandoned personal property" means personal property to which 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.

"Camp" or "camping" means use of public property or private property for living accommodation purposes such as: sleeping activities between the hours of sunset to sunrise, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping) between the hours of sunset to sunrise; storing personal belongings; making any fire; using tents, shelter, or other structures or vehicles for sleeping; digging or earth breaking; or carrying on cooking activities. Such activities constitute camping when it reasonably appears, in light of all the circumstances that the participants are using the area as a living accommodation, regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

"Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.

"Camp paraphernalia" includes but is not limited to: bedrolls; blankets; tarpaulins; cots; beds; sleeping bags; tents; hammocks; non-City designated cooking facilities; open flames; fire stoves; or any other equipment used to "camp."

"City" means the City of Calexico, including any officers, officials, agents, employees, volunteers, or representatives of the City of Calexico.

"City Manager" means the City Manager or designee.

"Overnight" means any time between the hours of sunset and sunrise.

"Park" means and includes any park, parkway, plaza, greenbelt, garden, lake, river, and any other property owned by the City, including structures thereon, and used, operated, or maintained for recreational purposes whether passive or active. The term "park" also includes all off street parking areas which are used or intended to be used in connection therewith. The term "owned" includes any property interest under which the City operates, maintains, or controls said property. The term also includes any property owned or kept by the City as open space, including undeveloped sites for future parks.

"Private property" means all property, not under the public domain, whether improved or unimproved.

"Personal property" means 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 facilities, camping paraphernalia, money, books, and shopping carts or carts.

"Public property" means all property under the public domain, including improved or unimproved land and parks, and the public right of way, including, but not limited to, streets, sidewalks, and alleys.

"Public right-of-way" shall have the same meaning given that term by California Public Utilities Code Section 5830 and means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public and maintained under public authority or by others and located within streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, pedestrian walkways, canals, storm drainage and similar public property.

"Unattended personal property" means personal property for which a person is not present to assert or claim ownership over the property.

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

(Ord. No. 1242, § 3, 3-19-25)

It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia on any public or private property except as provided in Calexico Municipal Code Section 9.14.030. Any person violating the provisions of this section is guilty of a trespass pursuant to the provisions of California Government Code Section 37359.

(Ord. No. 1242, § 3, 3-19-25)

Unlawful camping does not apply to:

Overnight camping on private residential property with the consent of the property owner or a person in lawful possession of the property, provided the camping occurs in the rear yard area of a developed residential property and does not pose a threat to the public health, safety, and welfare or otherwise create a public nuisance or private nuisance and so long as the overnight camping is limited to not more than three (3) consecutive nights and not more than fourteen (14) cumulative nights per calendar year.

Camping on public or private property in connection with a special event, when authorized pursuant to Chapter 12.18 of the Calexico Municipal Code.

Camping on any property that has been specifically zoned and/or identified by the city council for camping purposes.

As authorized by the city manager, sixty (60) days following a declared natural disaster or state of emergency affecting the City wherein structures have been deemed uninhabitable.

(Ord. No. 1242, § 3, 3-19-25)

It is unlawful and a public nuisance for any person to store camp paraphernalia in the following areas:

A. Any public property; or

B. Outside a structure on any private property without the prior written consent of the property owner. Any storage on private property shall be subject to all local and state regulatory controls, including, but not limited to the abatement procedures set forth in Calexico Municipal Code Section 8.44.040 if determined to be a nuisance. Unattended personal property or possessions on private property that are hazardous, unsanitary, soiled or verminous may be summarily abated and destroyed in accordance with Calexico Municipal Code Section 8.44.170.

(Ord. No. 1242, § 3, 3-19-25)

The City shall have the right to confiscate any personal property stored in violation of this chapter. Any personal property located on public property that is unattended and whose owner cannot be readily identified are presumed to be abandoned.

A. The City shall make a good faith effort to locate the owner(s) of the unattended personal property and to provide him or her with an opportunity to collect the personal property before seizing the items, by providing written notice of the intent to seize the personal property seventy-two (72) hours before seizing the items. However, unattended personal property causing an immediate health and safety risk, including, but not limited to, impeding vehicular or pedestrian passage on a public right of way may be immediately removed.

B. 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.

C. The City shall store all items confiscated pursuant to this Chapter for ninety (90) days in accordance with California Civil Code § 2080, et seq. (as amended).

D. 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.

E. Unattended personal property or possessions on public property that are hazardous, unsanitary, soiled or verminous may be summarily abated and destroyed.

(Ord. No. 1242, § 3, 3-19-25)

Any violation of this chapter shall be deemed an infraction punishable by a fine not to exceed $100, for a first offense, and, for a second or subsequent offense, a misdemeanor punishable by a fine not to exceed $500 or imprisonment in the county jail for a period not to exceed three months or by both fine and imprisonment. A violation of this chapter may also be enforced as a public nuisance using any of the remedies set forth in Penal Code Section 370, and as provided in Chapter 8.44 of the Calexico Municipal Code. The penalties herein are not exclusive, so that a person violating any of the provisions of this Chapter is subject to any other applicable fines and penalties, including but not limited to civil penalties and administrative citations.

(Ord. No. 1242, § 3, 3-19-25)