Covina Municipal Code Ch. 9.54 Prohibited Conduct and Unlawful Storage of Property and Camping In…

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

"Abandoned personal property"

means personal property that the owner abandons, surrenders, relinquishes, or disclaims. Personal property that is not claimed during the time period set forth in this chapter is considered abandoned.

"Administrative procedure"

means the city's administrative procedures for the removal, temporary storage, and retrieval of personal property.

"Bulky item"

means any item that is separately or cumulatively too heavy or large to fit in one 60-gallon trash container with the lid closed or otherwise store, including, but not limited to, a mattress, shed, couch, chair, other furniture item, appliance. The following items shall not constitute a bulky item: a portable, collapsible picnic chair or table, bicycle or any item specifically excluded from this definition by city council resolution.

"Camp"

means the use of a public area for living accommodations or habitation purposes, including but not limited to the presence of camp facilities or camp paraphernalia, or storage of personal belongings indicative of overnight stays. "Camp" includes use of a vehicle that reasonably appears as a place of human habitation in light of all the circumstances. "Camp" does not include boarding, disembarking, or waiting for a bus.

"Camp facilities"

means all temporary or semi-permanent shelters, including, but not limited to, tents, tarpaulins, huts, sheds, or structures, for the purposes of human habitation or sheltering one or more persons.

"Camp paraphernalia"

means items including, but not limited to, cots, air mattresses, sleeping bags, covers, beds, hammocks, bed rolls, blankets, or any similar bedding equipment or materials for the purpose of sleeping, lying, or sheltering one or more persons. "Camp paraphernalia" also includes open fires, barbecues, portable stoves or other cooking equipment.

"Park"

means a public park, reservation, playground, recreation center or any other area in the city, owned, managed, used or controlled by the city, and devoted to active or passive recreation or open space use. "Park" shall include the entire site of the park, including, without limitation, all structures thereon, any parking lots, and any public sidewalk adjacent to the park site.

"Person"

means any person, firm, partnership, association, corporation, company or organization of any kind.

"Personal belongings"

include: (i) items of apparent value of $50 or more; and (ii) items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID's, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.

"Personal property"

means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication and household items.

"Public area"

means any public place located within the city, including but not limited to property owned and controlled by the city, property owned by other public entities, and other areas as designated by the city manager. Public areas include streets, alleys, plazas, parks, sidewalks, buildings, facilities, sidewalks, right-of-ways, parking lots, vacant lots, bike paths, trails, bus stops, bus shelter depots, bus stop benches, and other publicly-owned property for which the City owns or is authorized by contract or permit to maintain.

"Soiled item"

means any hazardous, toxic, unsanitary, verminous, or perishable item; item soiled by human waste, bodily fluids, or other infectious materials; or item infested by rodents or insects, that would present a health or safety risk if stored.

"Store," "stored" or "storing"

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

"Unsafe items"

include, but are not limited to, (i) toxic sharps: needles, scissors, knives; (ii) chemicals: bleach, paint, oils, etc; (iii) items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids; (iv) moldy, mildewed items; (v) items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs; (vi) items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.

(Ord. 25-12, 10/21/2025)

No person shall engage in any disorderly or boisterous conduct; or disturb the peace by assaulting, striking or fighting; or be found in public in an intoxicated or drunken condition upon any premises within the city; or expose his person or any part thereof in a lewd and offensive manner in any place in the city where there are other persons to be offended or annoyed thereby; or to make in any place, or suffer to be made on his premises or upon premises under his control, any disorder or tumult, to the disturbance of the public peace.

(Ord. 25-12, 10/21/2025; Ord. 1695 § 1, 1989. Formerly 9.54.010)

No person shall loiter or stand, linger, idle, camp, or sit in or at the entrance of any hall, theater, church, business establishment, private or public parking area which is open to the public, or place of public assemblage so as to in any manner obstruct such entrance. No person shall loiter or stand outside of a motor vehicle or in a private or public parking area which is open to the public between 10:00 p.m. and 8:00 a.m. the next morning. No person shall urinate or defecate in any public area which is not designed for such act, whether or not in public view. No person in violation of this section shall fail to disperse, when directed to do so by a police officer or city employee.

(Ord. 25-12, 10/21/2025; Ord. 1695 § 1, 1989. Formerly 9.54.020)

Every person who shall, in the frequented streets of the city, pursue any amusements calculated to impede travel, or frighten animals or persons, or injure or endanger any property or person, or who shall be found loitering or strolling about in a manner tending to produce disturbance, mischief or crime, or who shall, by loud noise or offensive behavior, disturb the peace or quiet of any community, assembly, meeting or congregation, or who shall, by throwing stones or missiles or other objects, or by striking or threatening to assault, disturb or annoy any person, or who shall enter or remain upon any parking lot, shopping center property, drive-in property, or any other public area or place open to the public, without the implied or express consent of the owner, his agent or person in lawful possession thereof, is guilty of a misdemeanor.

(Ord. 25-12, 10/21/2025; Ord. 1695 § 1, 1989. Formerly 9.54.030)

A. No person shall carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line or public assembly:

1. Any length of lumber wood, wood, or wood lath that is greater than 12 inches in length unless that object meets all of the following criteria: (a) is made of wood: (b) is one-quarter inch or less in thickness; and (c) is blunted at all ends;

2. Any length of metal or plastic pipe, whether hollow or solid, that is greater than 12 inches in length except that hollow plastic piping that meets all of the following criteria may be used solely to support a sign, banner, placard, puppet or other similar expressive display: (a) is one-quarter inch or less in its thickest dimension; (b) is blunted at all ends; and (c) is not filled with any material, liquid, gas or solid;

3. Signs, posters, banners, plaques or notices, whether or not mounted on a length of material permitted under subsections (A)(1) and (2) of this section, unless such sign, poster, banner, plaque or notice is constructed solely of soft material, such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter inch in thickness;

4. Baseball or softball bats, regardless of composition or size, except that such items are permissible when configured of cloth, cardboard, soft plastic, foam or paper for expressive purposes;

5. Any aerosol spray, tear gas, mace, pepper spray or bear repellent;

6. Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling or throwing any object, liquid, material or other substance, whether through force of air pressure, spring action or any other mechanism;

7. Weapons such as firearms, knives, swords, sabers or other bladed devices, axes, hatchets, hammers, ice picks, razor blades, nunchucks or martial arts weapons of any kind, box cutters, pellet guns, BB guns, conducted electrical weapons (CEWs), including, but not limited to, tasers or stun guns, metal/composite/wooden knuckles, or any chain greater than 20 inches in length or greater than one-quarter inch in diameter. This subsection also includes toy or replica firearms unless such toy or replica is florescent colored or transparent;

8. Balloons, bottles or any other container, such as water cannons or super soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge or expose the same in, upon or about any demonstration, rally, protest, picket line or public assembly;

9. Glass bottles, whether empty or filled;

10. Open flame torches, lanterns or other devices that utilize combustible materials such as gasoline, kerosene, propane or other fuel sources;

11. Shields made of metal, wood, hard plastic or any combination thereof; or

12. Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.

B. When feasible, excluding exigent circumstances, a warning shall be issued before enforcement of the provisions of this section. Such warning shall be sufficient if provided orally by posted signs or by amplified announcement.

C. Authorized peace officers, or employees, agents or representatives of the city, shall be exempt from the provisions of this section when such officers, employees, agents or representatives of the city are engaged in official business of the city.

D. Nothing in this section shall prohibit an individual from carrying a cane or using a walker or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line or public assembly. Further, nothing in this section shall prohibit the imposition of specific conditions for activities expressly authorized under permit issued by the city of Covina pursuant to Chapter 10.56 CMC.

E. Limitation on Applicability. This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.

(Ord. 25-12, 10/21/2025; Ord. 20-04 § 1, 2020. Formerly 9.54.040)

A. A person shall not camp, sleep, lay down, shelter, kindle open fires, or otherwise occupy camp facilities or use camp paraphernalia in any public area.

B. It is unlawful to use a mobile vehicle in a public area as a dwelling or place of residence. Whether the vehicle is being used for human habitation shall be determined in light of all surrounding circumstances, including but not limited to, the use of camp paraphernalia that is not associated with ordinary vehicle use, obscuring the vehicle’s windows, or preparing meals or sleeping inside the vehicle.

(Ord. 25-12, 10/21/2025)

A. It is unlawful to leave unattended or store any personal property, including camp facilities or camp paraphernalia or bulky items in any public area. No person shall fail to remove personal property stored in public areas pursuant to the city's written notice.

B. Removal of Stored Personal Property. The city may remove, impound, and discard unlawfully stored personal property, including tents, other camp facilities or paraphernalia or bulky items, in accordance with the procedures outlined in this subsection.

1. Pre-Removal Notice. If a city employee or agent determines that personal property is being stored in a public area, prior written notice of the city's removal of the item shall be served upon the owner at their last known address by personal service or certified mail, or posted prominently and conspicuously on the stored personal property. The pre-removal notice shall contain the following:

a. A general description or reference photograph of the personal property;

b. The location where the personal property was found;

c. The date and time when the notice was posted;

d. The violated section of the Covina Municipal Code;

e. A statement that the city will impound personal property that is not removed within forty-eight (48) hours;

f. The location where the personal property will be moved to and stored if it is not removed within forty-eight (48) hours;

g. A statement that impounded personal property will constitute abandoned personal property, subject to disposition in a manner deemed appropriate by the city manager or designee, if not claimed within ninety (90) days after impoundment; and

h. A notice that the city may sell, donate, or otherwise dispose of the impounded personal property if not claimed within the prescribed time period.

The pre-removal notice may also include additional information, including information regarding available shelter and supportive services.

2. Post-Removal Notice. Following removal of personal property, the city shall leave or post a notice for a minimum of ten (10) days at or as near as possible to the location where the personal property was collected, or on the city's website if the city cannot post a notice. This notice shall include the following information:

a. A general description of the personal property that was removed;

b. The date and approximate time the personal property was removed;

c. A statement that the item was removed because it was unlawfully stored in violation of the Covina Municipal Code;

d. The address where the personal property is being stored;

e. The process by which the personal property owner may repossess the item, including contact information for the storage location and hours a person may claim ownership; and

f. The date on which abandoned personal property will be disposed if not claimed within ninety (90) days.

3. The city shall only be required to store personal property that constitutes personal belongings.

4. The city will not store bulky items, soiled items, contraband, or any other unsafe items.

5. Nothing in this section shall prevent the city from immediately addressing public health or safety hazards, including fire risks, unsanitary conditions, or obstructions to public rights-of-way. To that end, the city may remove and discard personal property placed in a public area that poses an immediate threat to the health or safety of the public, such as soiled or unsafe items, without prior notice as required under subsection B.1. The city may also waive the pre-removal notice provision set forth under subsection B.1 to remove personal property that restricts emergency response personnel and vehicle access or otherwise obstructs free passage in public areas as necessary to protect public health, safety, or welfare.

(Ord. 25-12, 10/21/2025)

This chapter shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the city:

A. Where the city has designated the public area for such purposes and the activity has been permitted as a temporary use not to exceed 24 hours if the requestor has an unusual, emergency need and the use would not unduly impact public health or safety;

B. Where the city has designated the public area for a permitted special event or otherwise authorized the use of camp facilities or paraphernalia in public areas with adequate facilities to support such activates; or

C. Where a gathering, meeting or event is sponsored or conducted by the city.

(Ord. 25-12, 10/21/2025)

A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.16 of the Covina Municipal Code.

B. Any person who violates any provision of this chapter may be issued an administrative citation subject to Chapter 1.26 of the Covina Municipal Code, in addition to any other available penalty provisions or enforcement mechanisms at the discretion of the city.

C. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.40 of the Covina Municipal Code.

D. A repetition or continuation of any violation of any provision of this chapter, or of any order or direction of the city manager, chief of police, or designee thereof, on successive days, constitutes a separate offense for each day during any portion of which such violation is committed, continued or permitted.

(Ord. 25-12, 10/21/2025)