Chino Municipal Code Ch. 8.80 Camping

The purpose of this chapter is to maintain streets, parks, and other public and private areas within the city in a clean, sanitary, and accessible condition and to adequately protect the health, safety, and welfare of the public. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property, or to criminalize or regulate the status of being homeless.

(Ord. 2015-002, § 4, 2015; Ord. 2019-020, § 2, 2019; Ord. No. 2024-009, § 2, 2024.)

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" means personal property that the owner surrenders, relinquishes, or disclaims. Indicia of abandoned personal property include, but are not limited to, personal property found where nobody in the immediate vicinity claims ownership; and personal property left on private real property for any period of time without the permission of the real property owner or current tenant.

"Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia for the purpose of temporary or permanent human habitation.

"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, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment.

"Establish" means setting up or moving equipment, supplies, or materials on to public or private property to "camp" or operate camp facilities.

"Maintain" means keeping or permitting equipment, supplies, or materials to remain on public or private property.

"Operate" means participating or assisting in establishing or maintaining a camp or camp facility.

"Personal property" means any and all tangible items including, but not limited to, goods, materials, merchandize, camp paraphernalia, luggage, backpack, books, clothing, documents, household goods and medication.

"Private property" means all privately owned property.

"Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks, owned by a public agency and/or open to public access.

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

(Ord. 2015-002, § 4, 2015.)

A. It is unlawful and a public nuisance for any person to camp; establish, maintain, allow, operate, or occupy camp facilities; or use camp paraphernalia in the following areas:

1. Any public or private street or right-of-way, including sidewalks, bus stops and public landscaping;

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved;

3. In, on, under, or adjacent to any structure not intended for human occupancy;

4. In, on, under, or adjacent to a parked vehicle on any public or private property including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle. For purposes of this section, "recreational vehicle" shall have the same meaning as provided in section 8.70.010 of this Code.

B. The prohibition on camping in this section shall not apply to the following:

1. Camping on residential private property with consent of the property owner, and where such use does not violate any provision of this Code or State law, does not create or permit a public nuisance, and where such use is not within view of the public right-of-way;

2. Camping where specifically permitted within City-approved campgrounds or facilities;

3. Camping in connection with a special event as authorized by the City through issuance of a permit pursuant to Chapter 10.64 of this Code.

The exceptions contained herein do not apply where camping is conducted in such a manner as to create inadequate sanitation or other public nuisance; nor violate any law; nor where the camping is of such frequency, intensity, or duration as to constitute a use of land prohibited by zoning regulations; nor where the camping would be prohibited under any other provision of this Code concerning the use of mobile homes; nor where any fee, charge or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto, other than at City-approved campgrounds or facilities.

C. Nothing in this chapter is intended to prohibit or make unlawful activities of a property owner or lawful tenant of private property that are incidental to the lawful and authorized use of private property for residential or other approved and legal purposes. Nothing herein is intended to prohibit or make unlawful activities of a property owner or other lawful tenant if such activities are expressly authorized by the City's zoning ordinance, other ordinances, or regulations.

(Ord. 2015-002, § 4, 2015.)

A. It is unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the city manager or designee or as permitted by this Code or State law:

1. Any public or private street or right-of-way, including sidewalks, bus stops, and public landscaping; or

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

B. Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in sections 8.80.060 through 8.80.100.

(Ord. 2015-002, § 4, 2015.)

The chief of police or designee shall make provisions for safekeeping personal property received by the city. In the event the personal property is delivered to the city by a person other than a city employee or agent, a receipt shall be issued to that person, unless the property was found in the course of employment by an employee of the City.

(Ord. 2015-002, § 4, 2015.)

A. No Notice for Intentionally Abandoned, Dangerous, or Perishable Property, Contraband or Waste. Unlawfully stored personal property that is believed in good faith to be intentionally abandoned or which presents an immediate threat to public health or safety, is perishable, is contraband, or which clearly constitutes waste or trash as defined by this Code may be disposed of without any notice.

B. No Notice for Evidence in Criminal Case. Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice.

C. Pre-Removal Notice. Where personal property not subject to sections A or B is found by an enforcement officer, the officer shall leave a written twenty-four-hour notice in a conspicuous place at or near where the property is found. Such notice shall state that the storage of personal property is in violation of this chapter and may be subject to impoundment and/or disposal if not removed within the twenty-four -hour period.

D. Notice Upon Impoundment. If personal property has not been removed after twenty-four-hours of providing any required notice under section C above, the City may impound the personal property. The city shall provide a written notice in a conspicuous place at or near where the personal property was located, advising where the personal property is being kept and when and where it may be claimed by the owner.

E. The city may erect signs in commonly affected areas to provide notice(s) required under this section for personal property located in those areas.

(Ord. 2015-002, § 4, 2015.)

It is unlawful and a public nuisance to fail to remove attended personal property within twenty-four hours of receiving written notice requiring removal. Moving personal property to another location where storage is prohibited by this chapter shall not constitute compliance with removal.

(Ord. 2015-002, § 4, 2015.)

A. Personal property coming into possession of the chief of police or designee pursuant to this chapter shall be deposited in a safe place for a period of at least ninety days. In the event such personal property is not claimed within the ninety days, it shall be deemed abandoned personal property, subject to disposition as provided in this chapter or as otherwise permitted by law.

B. The owner of the personal property may repossess the personal property upon submitting satisfactory proof of ownership during the ninety-day holding period. A person may establish ownership by, among other methods, describing the location where the personal property was found and providing a specific and detailed description of the personal property. If ownership cannot be determined to the satisfaction of the Chief of Police or designee, he or she may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the City shall continue to hold the personal property until such a determination is made.

C. If ownership is determined, the owner shall be required to pay the reasonable costs incurred by the city in impoundment and storage prior to the return of the personal property, unless a financial hardship waiver is submitted to the city by the owner on forms authorized by the city and such waiver is approved by the chief of police or designee.

(Ord. 2015-002, § 4, 2015.)

Notwithstanding section 8.80.080, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et seq.

(Ord. 2015-002, § 4, 2015.)

Upon the expiration of any holding period for received personal property pursuant to sections 8.80.080 or 8.80.090, any remaining personal property not claimed by or returned to the owner may be appropriated to the city upon order of the city manager or designee that the personal property is needed for a public use. Any personal property not appropriated to the city may be sold at a public auction or disposed of in such a manner as deemed appropriate by the city manager or designee. If personal property constitutes money, such money shall be deposited into the city's general fund.

(Ord. 2015-002, § 4, 2015.)

It is unlawful for any person to use any motor vehicle or recreational vehicle, as defined by section 8.70.010 of this Code, for human habitation on or in any public or private street, alley, parking lot, or any public or privately owned property which is held open for public use. For purposes of this section, evidence of "human habitation" shall include but not be limited to, observations that the vehicle is being used for living, sleeping, cooking, or bathing purposes. Sleeping in or occupying a parked vehicle for longer than thirty minutes, consecutively or in the aggregate, between the hours of 11:00 p.m. and 5:00 a.m. shall constitute prima facie evidence the vehicle is being used for human habitation.

(Ord. 2015-002, § 4, 2015.)

It shall be unlawful for any person to urinate or defecate or dump any fecal matter on public or private property in an area exposed to the public view or on any public street, sidewalk, alley, park, or any other space except in a restroom or other facility designed for such purpose.

(Ord. 2015-002, § 4, 2015.)

A. Each person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, maintained, continued, or permitted by such person, and each instance shall be deemed punishable.

B. The provisions of this chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law.

C. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, a restraining order, preliminary or permanent injunction, criminal or administrative enforcement.

D. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

E. No person may obstruct any public or private right-of-way either with their person, or with their personal property, or otherwise interfere with the use and enjoyment of public parks, facilities, public rights of way or other public property. Upon notice by any enforcement officer of the city, any such person shall immediately remove the obstruction. Failure to remove the obstruction shall be unlawful and shall constitute a public nuisance. Any personal property that is creating an obstruction as described in this subsection and is not removed following notice may be impounded as provided in this chapter.

(Ord. 2015-002, § 4, 2015; Ord. 2019-020; § 3, 2019; Ord. No. 2024-009, § 3, 2024.)