Compton Municipal Code § 7-20 Camping, Sleeping and/or Storage of Personal Property on Public Property

[Ord. #2285]

The public streets and other public areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes, storage of personal property, and sleeping interferes with the rights of others to use the areas for which they were intended. In addition, using such areas in a manner different than what the area was designed for creates a risk of harm to all users.

[Ord. #2285; amended 7-2-2019 by Ord. No. 2313]

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

CAMP

In light of all of the circumstances, residing in or using a public park or other public property for living accommodation purposes such as making preparations to sleep overnight, including the laying down bedding for the purpose of sleeping or storing personal belongings, blankets, sheets, other bedding material, luggage, backpacks, kitchen utensils, cookware and similar material; erecting, maintaining or occupying any structure with natural or artificial material, including a building or tent; making any fire or using any tents; regular cooking of meals; living in a parked trailer, camper shell, motor home, or any vehicle; or setting up or using any camp paraphernalia.

CAMP FACILITIES

Includes, but is not limited to, tents, huts, temporary shelters, parked trailers, camper shells, motor homes or any vehicle.

CAMP PARAPHERNALIA

Includes, but is not limited to, tarpaulins, cots, beds, bed rolls, sleeping bags, hammocks, shopping carts, recyclable material and/or non-City-designated cooking facilities and similar equipment, or personal possessions that would facilitate one's use of a park, public property, or any portion of the public right-of-way as a temporary residence.

PUBLIC PROPERTY

Any public park, public street, alley, lane, public right-of-way, or any public parking lot or public area whether improved or unimproved.

SHELTER SPACE

Any temporary and available housing shelter that offers free overnight indoor sleeping accommodations to the unsheltered individual.

a.

Shelter space shall be considered available if:

A shelter space is open and accessible;

The shelter space is within City boundaries or within 20 miles of the City's boundary;

In the case of a family unit, the shelter space is open and accessible and the shelter requires adult men and women to sleep separately.

b.

Shelter space shall not be considered available if:

In the case of a family unit, the family would have to be separated into two or more different shelter spaces;

The individual would be disqualified from accessing a shelter space due to any restrictions, rules or covenants beyond their use or control; or

The shelter space required mandatory participation in a program or act as a prerequisite to access or use of the shelter space.

STORE

In light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location any personal property on public property.

UNSHELTERED INDIVIDUAL

An individual that lacks a fixed, regular and nighttime residence and lives in a vehicle, a RV/camper, tent, van or on the street or in any other makeshift shelter.

VEHICLE

Includes any vehicle that is self-propelled or a device by which any person or property may be propelled, moved, or drawn upon a highway. "Vehicle" does not include a self-propelled wheelchair, invalid tricycle, or motorized quadricycle when operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian.

[Ord. #2285]

Unless otherwise permitted by law, it shall be unlawful for any person to camp or use camp paraphernalia and/or camp facilities in or on any public park, street, sidewalk or other public property.

[Ord. #2285]

Except as otherwise permitted, it shall be unlawful for any person to store personal property, including camp facilities and/or camp paraphernalia, in or on any public park, street, sidewalk, or other public property.

[Ord. #2285]

Except as otherwise permitted, it shall be unlawful for any person to sleep in or on any public street, sidewalk, walkway, or other public ways intended for pedestrian or vehicular use, public park, grounds of City-owned and/or City-maintained buildings, facilities or other improved City-owned or maintained by the City.

[Ord. #2285; amended 7-2-2019 by Ord. No. 2313]

a. Unless otherwise permitted by law, it is unlawful for any person to occupy any parked trailer, camper shell, motor home, or any vehicle located in any public park or other public place or on any public street for the purpose of living or sleeping.

b. For purposes of this section, occupying for the purpose of "living or sleeping" shall include, but not be limited to, acts of sleeping, living in, occupying as a dwelling or any other sojourn or stay within the vehicle not directly related to driving the vehicle.

[Added 7-2-2019 by Ord. No. 2313[1]]

a. The following enforcement procedures shall apply to persons found to be in violation of any subsection of § 7-20:

1. Upon a first offense, an enforcement officer shall issue a verbal warning to the person.

2. Upon a second offense, an enforcement officer shall issue a citation to the person in violation. Persons found to be in violation of this section shall be guilty of a misdemeanor and upon conviction thereof shall be liable to the penalty established in Chapter 1, § 1-6.

3. Upon a third offense, an enforcement officer shall make an arrest of the person found to be in violation. Persons found to be in violation of this section shall be guilty of a misdemeanor and upon conviction thereof shall be liable to the penalty established in Chapter 1, § 1-6.

4. If applicable, upon arrest, the vehicle shall be seized and impounded. Impoundment shall be for a period of up to 30 days.

b. Section 7-20.7 is not applicable when an unsheltered person is sleeping on public property or in a vehicle and there is no available shelter space as defined in § 7-20.2.

[1]

Editor's Note: This ordinance also redesignated former Subsections 7-20.7 through 7-20.9 as Subsections 7-20.8 through 7-20.10.

[Ord. #2285]

a. The following notice procedures shall apply to camps and/or camp facilities located in or on public property which are inhabited by 10 or more individuals who have been in place for more than 30 days:

1. Approximately 10 days prior to undertaking a clean-up, the City shall make reasonable efforts to provide informal notice to any present occupants of the camp and/or camp facilities through face-to-face communications and/or distribution of informational flyers, as deemed appropriate.

2. At least 72 hours prior to undertaking a clean-up, the City shall seek to provide written notice of the intended clean-up by posting and/or distributing written notice in a manner which is reasonably calculated to provide notice to any occupants of the camp and/or camp facilities. The written notice of intended clean-up shall be in substantially the form specified in Subsection 7-20.8c, below.

b. The following notice procedures shall apply to camps and/or camp facilities which are either inhabited by fewer than 10 individuals or have been in place for fewer than 30 days:

1. At least 72 hours prior to undertaking a clean-up, the City shall seek to provide written notice of the intended clean-up by posting and/or distributing written notice in a manner which is reasonably calculated to provide notice to any occupants of the camp and/or camp facilities. The written notice of intended clean-up shall be in substantially the form specified in Subsection 7-20.8c, below.

c. The written notice of intention to enforce and clean-up a camp and/or camp facility shall be in substantially the following form:

NOTICE OF CODE ENFORCEMENT AND CLEAN-UP The City of Compton shall be enforcing provisions of the Compton Municipal Code which prohibit the placement or storage of temporary shelters, personal property, or trash and refuse in public areas of the City. The clean-up shall take place in the vicinity of: Address or Description of Location at any time following expiration of 72 hours after the date of this Notice. Any individuals storing personal property within this area are in violation of § 7-20 of the Compton Municipal Code. At the time the clean-up takes place, the City of Compton shall remove any and all temporary shelters, personal property, and trash and refuse from this area. Personal property will be stored without charge for a period of 90 days. Individuals wishing to reclaim personal property collected by the City as part of this clean-up may do so by contacting:

[Ord. #2285]

a. The City shall collect and dispose of any solid waste, trash, debris, junk, garbage, or refuse which does not reasonably appear to belong to any individual or if the apparent owner has expressly authorized disposal.

b. The City shall photograph the area where clean-up is to occur to document site conditions before and after the clean-up.

[Ord. #2285]

a. Personal property will be stored at no charge to the owner for a period of at least 90 days, during which time the property will be available to be reclaimed by the owner. After the expiration of 90 days, any unclaimed property may be disposed of by the City as deemed appropriate.

b. After the removal of personal property, the City shall post a written notice of property retrieval in substantially the following form: