Ceres Municipal Code Ch. 08 Health and Hygiene

The City Council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.

The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing the Public Works Department, or a City authorized agent, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health, and safety.

(Ord. No. 2023-1079, § 1, 12-11-2023)

When used in this chapter, the following words and phrases have the following meanings:

A

Abandoned shall mean any property that based on words, act, or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.

B. Camp and camping mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

C. Camp facilities include, but are not limited to, tents, huts, or temporary shelters.

D. Camp paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking facilities and similar equipment.

E. Clean and clear means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.

F. Environmental means relating to the natural or artificial conditions of the environment of the area of concern.

G. Fire hazard means the accumulation of dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard.

H. Hazardous waste has the same meaning as in California Public Resources Code section 40141.

I. Illegal dumping means to deposit or allow to remain in any street, alley, public park or other public owned property any of the following: discarded boxes, cartons, earth, concrete, bricks, waste construction materials, tin or metal cans, bottles, glass, rags, paper and any and all like items which have been discarded or are no longer desired by the owner thereof.

J. Infectious waste has the same meaning as in California Code of Regulations, title 14, section 17225.36.

K. Natural disaster includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the City's population.

L. Refuse includes garbage and rubbish.

M. Routine means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)

N. Solid waste or wastes includes all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes.

(Ord. No. 2023-1079, § 1, 12-11-2023)

Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Ceres Municipal Code or as otherwise permitted under law.

(Ord. No. 2023-1079, § 1, 12-11-2023)

A. The Public Works Department is authorized to carry out both one-time or routine clean and clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.

B. Clean and clear operations require that affected occupants receive notice of the action at least 72 hours prior to its scheduled time, in accordance with Ceres's encampment management policy, as it may be amended from time to time.

C. Any property left at the campsite during the clean and clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that are safe for storage for retrieval by occupants after the operation ends. The City shall secure any collected belongings for no less than 90 days.

D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.

E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp's occupants. Permanent closure entails the same requirements of this section, unless an emergency makes notice and logging personal property infeasible.

(Ord. No. 2023-1079, § 1, 12-11-2023)

In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in division 2.5 (commencing with section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of their office or employment to enforce this chapter shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in a County jail not to exceed one year, or by both that fine and imprisonment.

(Ord. No. 2023-1079, § 1, 12-11-2023)