Duarte Municipal Code Ch. 12.22 Storage of Personal Property in Public Areas

It is unlawful for any person to dump, place, deposit, or store personal property in or on any public space, property or right-of-way including, but not limited to, sidewalks, easements, private and public city streets and highways and parks, except as otherwise expressly permitted by this Code or state law.

(Ord. No. 912, § 5, 10-25-2022)

For the purposes of this chapter the following definitions shall apply:

(a) "Abandoned personal property" means any personal property that the owner surrenders, relinquishes, or disclaims, or, to a reasonable person, appears to be personal property that the owner surrenders, relinquishes, or disclaims.

(b) "Park" means any park, reservation, playground, recreation center or any other area in the city owned, maintained, or used by the city for the purpose of public rest, play, enjoyment, active or passive recreation, or assembly, and shall include all buildings, parking spaces, and structures located thereon or therewith.

(c) "Personal property" means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as tents, tarpaulins, bedding, sleeping bags, carts, hammocks, household items, luggage, backpacks, cooking utensils, money, legal or prescribed medication, documents, clothing, and books.

(d) "Public area" means and includes all property that is owned, managed or maintained by the city and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.

(e) "Public property" means any building, parking structure, parking lot, utility lot, right-of-way, park, or space, owned or maintained by the city, the County of Los Angeles, the State of California, the United States government or other public entity.

(f) "Right-of-way" means the surface and space in, on, above, through and below any real property in which the city has a legal or equitable interest, whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to, any street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.

(g) "Store," "stored," "storing" or "storage" means to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Personal property is stored if, on a daily or regular basis, the property is within five hundred feet of the same location, including the former location of the personal property.

(h) "Street" shall include every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in this city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.

(i) "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

(j) "Unclaimed personal property" means personal property that is within the custody of the city and that has not been claimed within a period of ninety days by its owner or finder.

(Ord. No. 912, § 5, 10-25-2022)

(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 public property improved or unimproved; or

(3) Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public.

(b) Any violation of this chapter is a public nuisance that may be abated by any means provided in this Code, including administrative citations, civil action and injunctive relief, and is also punishable as provided in Sections 1.04.090 and 1.04.100 of this Code.

(c) Personal property stored in violation of this section is subject to impoundment and disposal as provided in this chapter.

(Ord. No. 912, § 5, 10-25-2022)

(a) Any personal property identified by any law enforcement officer, code enforcement officer, or the city manager or designee, that is unattended or stored in violation of this chapter may be seized, impounded, and stored in accordance with the following procedure:

(1) Pre-removal notice: Pre-removal notice will be deemed as provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously on or near the personal property. The notice shall contain the following:

(A) A general description of the personal property to be removed;

(B) The location from which the personal property will be removed;

(C) The date and time the notice was posted;

(D) A statement that the personal property is being stored in violation of Section 12.22.030;

(E) A statement that the personal property will be removed and impounded if not removed within twenty-four or forty-eight hours;

(F) A statement that moving the personal property to another location in the public area will not constitute a removal of the personal property;

(G) The contact information for any city designee to answer questions regarding the stored personal property, including claiming such property; and

(H) A statement warning the owner that the personal property may be discarded if not claimed within ninety days of removal.

(2) Twenty-four/forty-eight hour pre-removal notice: Any personal property stored in any right-of-way will be subject to removal twenty-four hours after the pre-removal notice is posted. Any personal property stored in any prohibited area not in a right-of-way will be subject to removal forty-eight hours after the pre-removal notice is posted.

(3) Post-removal notice: Upon removal of personal property stored in violation of this chapter, written notice of the removal and impoundment of the personal property shall be conspicuously posted in the area where the personal property was removed or provided to the owner of the personal property. The written notice shall contain the following:

(A) A general description of the personal property removed;

(B) The date and approximate time the personal property was removed;

(C) A statement that the personal property was stored in violation of Section 12.22.030;

(D) The location where the removed personal property can be retrieved, including the address, telephone number, and an internet website address, if available, from which the owner may obtain information as to the removal and reclamation of the personal property; and

(E) A statement that the personal property may be discarded if not reclaimed within ninety days of the removal and impoundment.

(b) The owner of personal property that has been removed and impounded will be permitted to retrieve the impounded personal property.

(1) The owner of impounded personal property is permitted to reclaim their personal property by contacting the city through one of the contact methods provided in the pre-removal and post-removal notices to make arrangements for the retrieval of their property.

(2) 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, and providing valid proof of identity if that is required to determine ownership. If ownership cannot be determined to the satisfaction of the director of public safety 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.

(3) Reasonable accommodations will be made if the owner of impounded personal property is unable to reclaim their personal property within the ninety day period provided in this chapter.

(c) The city may impound personal property seized in any manner designed for safe keeping of such personal property.

(d) After the passage of ninety or more days, the property may be appropriated to the city for the city's use upon order of the city manager or designee, or the city may dispose of unclaimed personal property. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days. The city shall maintain records of the dates impounded personal property was removed and discarded.

(Ord. No. 912, § 5, 10-25-2022)

(a) Section 12.22.040 does not apply to any personal property that constitutes evidence in a crime, such as weapons, ammunition, controlled substances, stolen property, or any other property which constitutes evidence of a crime, and such property may be seized without notice. The nature of the property and its location will be documented, and possession of such property may be transferred to local law enforcement for processing and investigation.

(b) Section 12.22.040 does not apply to any unattended personal property which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste, refuse or trash, and may be disposed of without notice.

(c) Section 12.22.040 does not apply to any unattended personal property that is reasonably believed to be intentionally abandoned or discarded, or reasonably believed to be trash, refuse, waste, litter, junk, debris, detritus or rubbish, and such property may be disposed of without notice.

(d) Section 12.22.040 does not apply to any medical waste, including, but not limited to, syringes, medical waste, medical cutting instruments, or any items whose cleanliness or condition of sanitation pose a threat to the health and safety of individuals in contact with such material.

(Ord. No. 912, § 5, 10-25-2022)

The city may require the owner of impounded personal property to pay the reasonable costs of storage of such personal property seized pursuant to this chapter. The owner of impounded personal property may submit a request for a waiver of such costs due to a financial hardship. Payment of any reasonable costs pursuant to this section is not a prerequisite for the return of impounded personal property.

(Ord. No. 912, § 5, 10-25-2022)