Dorris Municipal Code Ch. 12.10 Camping on Public or

PRIVATE PROPERTY Sections:

• 12.10.010
• Purpose.
• 12.10.020
• Definitions.
• 12.10.030
• Unlawful camping.
• 12.10.040
• Storage of personal
• property on public and
• private property.
• 12.10.050
• Permit for special events
• required.
• 12.10.060
• Posting copy of permit.
• 12.10.070
• Power of the city
• administrator to make
• rules and regulations.
• 12.10.080
• Current ordinance
• provisions.

The streets and 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 or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the con- sent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The pur- pose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condi- tion and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable condi- tions, camping and camp facilities associated with special events can be beneficial to the cul- tural and educational climate in the city. Noth- ing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. (Ord. 226 (part), 2017)

Unless the particular provisions or the con- text otherwise requires, the definitions con- tained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. A. “Camp” means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. B. “Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camp- ing outfits or temporary shelter. C. “Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment. D. “City administrator” means the city administrator or designee. E. “Establish” means setting up or moving equipment, supplies or materials on to public or private property to camp or operate camp facil- ities. F. “Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. G. “Operate” means participating or assist- ing in establishing or maintaining a camp or camp facility. H. “Park” means the same as defined in Section 18.06.1300. I. “Private property” means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.

145-2 (Revised 11-19) J. “Public property” means all public prop- erty including, but not limited to, streets, side- walks, alleys, improved or unimproved land and parks. K. “Store” means to put aside or accumu- late for use when needed, to put for safekeep- ing, to place or leave in a location. (Ord. 226 (part), 2017)

It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas: A. Any public property; or B. Any private property.

1. It is not intended by this section to pro- hibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five consecutive nights.
2. Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and autho- rized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activ- ities of a property owner or other lawful user if such activities are expressly authorized by the city’s comprehensive zoning ordinance or other laws, ordinances and regulations.
3. The city administrator may, as provided in Section 12.10.050, issue a temporary permit to allow camping on public or private property in connection with a special event. A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city attorney may insti- tute civil or administrative actions to abate a public nuisance under this chapter. (Ord. 226 (part), 2017)

on public and private property. It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council: A. Any public property; or B. Any private property without the written consent of the owner. A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370 the city attorney may insti- tute civil or administrative actions to abate a public nuisance under this chapter. (Ord. 226 (part), 2017)

required. The city administrator may, in his or her dis- cretion, issue a permit to establish, maintain and operate a camp or a camp facility in con- nection with a special event. A special event is intended to include, but not be limited to, pro- grams operated by the city departments, youth or school events, marathons or other sporting events and scouting activities. The city admin- istrator may consult with various city depart- ments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations per- taining to the issuance, denial or conditioning of the permit. A reasonable fee to be set by the city council shall be paid, in advance, by the applicant. The fee shall be returned if the appli-

145-3 (Revised 11-19) cation is denied. In exercising his or her discre- tion to issue a temporary permit, the city administrator may consider any facts or evi- dence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located. Any person who establishes, maintains or operates a camp or camp facility without a per- mit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies pro- vided in Penal Code Section 370 the city attor- ney may institute civil or administrative actions to abate a public nuisance under this chapter. (Ord. 226 (part), 2017)

It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the city administrator in accordance with the pro- visions of Section 12.10.050. (Ord. 226 (part), 2017)

administrator to make rules and regulations. The city administrator is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a tem- porary permit shall apply will in no way jeop- ardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The city administrator may also impose conditions on the establish- ment, maintenance and operation of the camp or camp facility, including but not limited to security, sanitation facilities, the number of occupants, posting of bonds or deposits, insur- ance, quiet hours, duration of the permit, and permitted activities on the premises. When the city administrator shall issue any permit under the terms of Section 12.10.050, the same may be revoked at any time thereafter by the city administrator if the city administrator becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare. (Ord. 226 (part), 2017)

Neither the adoption of this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision appli- cable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or depos- ited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 226 (part), 2017)

146 (Revised 5-17)