Delano Municipal Code Ch. 9.38 Camping on Public Property Prohibited

Unless the context requires otherwise, the following definitions apply to Chapter 9.38.

"To camp" means to set up or to remain in or at a campsite.

"Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof.

(Ord. No. 2024-1355, § 3, 12-16-2024)

No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public right of way, park, bench, or any other publicly-owned property or under any bridge or viaduct, unless (i) otherwise specifically authorized by this Code or (ii) upon city council resolution, the city council may exempt a special event from the prohibitions of this section, if the city council finds such exemption to be in the public interest and consistent with their goals and notices and in accordance with conditions imposed by the city council. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the city for any liability, damage or expense incurred by the city as a result of activities of the applicant. Any findings by the city council shall specify the exact dates and location covered by the exemption.

(Ord. No. 2024-1355, § 3, 12-16-2024)

Upon discovery of a campsite on public property, removal of the campsite by the police department, or designee, may occur under the following circumstances:

A. Prior to removing the campsite, the city shall post a notice, twenty-four hours in advance.

B. At the time a twenty-four-hour notice is posted, the city shall inform a local agency delivering social services to homeless people of the location of the campsite.

C. After the twenty-four-hour notice period has passed, the police department, or designee, is authorized to remove the campsite and all personal property related thereto.

D. The foregoing notwithstanding, campsite removal may proceed without the above-referenced notice only if an imminent threat to the public health, safety, and welfare exists (e.g., fire on site) that requires immediate removal to protect the public health, safety, and welfare.

(Ord. No. 2024-1355, § 3, 12-16-2024)

For purposes of this chapter, "personal property" means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the police department, or designee, until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence shall be stored by the police department, or designee, for a minimum of thirty days, during which time it shall be reasonably available for and released to an individual confirming ownership.

(Ord. No. 2024-1355, § 3, 12-16-2024)

Any violation of this chapter shall subject the violating individual to such penalties, as authorized under the law or otherwise in this Code, including without limitation, the penalties and enforcement mechanisms set forth in Title 1, Chapter 1.16 of this Code. The foregoing notwithstanding, the city may also enforce violations of this chapter as follows:

A. A third violation of the same provision within one year shall result in a thirty-day ban of the violating individual from the property in which the violation occurred. An individual who violates this thirty-day ban is considered to be committing criminal trespass, punishable by a fine not to exceed one thousand dollars or imprisonment for not more than six months or both.

(Ord. No. 2024-1355, § 3, 12-16-2024)