Duarte Municipal Code Ch. 15.10 Critical Infrastructure and Wildfire Risk Area Protection

The City Council finds as follows: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.

The purpose of this chapter to mitigate the threat of fire and other potential causes of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.

(Ord. No. 25-03, § 4, 7-8-2025)

When used in this chapter, the following words and phrases have the following meanings:

"Camp" means to place, pitch or occupy camp facilities, to live temporarily in a camp facility or outdoors, or to use camp paraphernalia.

"Camp facilities" include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter.

"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.

"Critical infrastructure" means each of the following:

(1) Levees; or

(2) Real property or a facility, whether privately or publicly owned, that the city manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, Sheriff's Office, Sheriffs Sub-station, Public Safety Building, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.

"Debris" means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar material.

"Facility" means a building, structure, equipment, system, or asset.

"Fire prevention official" means the fire chief, a deputy fire chief, the fire marshal, a fire prevention officer or code enforcement officer.

"Garbage" means discarded non-putrescible or putrescible household items, objects, or materials for which there is no use or reuse intended. Garbage does not include source-separated recyclables, food waste, or yard waste.

"Hazardous waste" has the same meaning as in California Public Resources Code section 40141.

"Infectious waste" has the same meaning as in California Code of Regulations, title 14, section 17225.36.

"Solid waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables, food waste, or yard waste.

"Wildfire risk area" has the same meaning as in California Code of Regulations, title 24, part 9, section 202.

(Ord. No. 25-03, § 4, 7-8-2025)

(a) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:

(1) Critical infrastructure;

(2) Within twenty-five feet of critical infrastructure;

(3) Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

(4) On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency-medical-services agencies;

(5) Wildfire risk areas; or

(6) Public Facility as defined in Section 9.19.010 of this code.

(b) It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by the City Manager:

(1) Critical infrastructure;

(2) Within twenty-five feet of critical infrastructure;

(3) Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;

(4) On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency-medical-services agencies;

(5) Wildfire risk areas; or

(6) Public Facility as defined in Section 9.19.010 of this code.

(Ord. No. 25-03, § 4, 7-8-2025)

(a) Abatement. Violations of this chapter may be abated by the City after notice to abate has been provided by the City. Abatement may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity. The procedures regarding storage of personal property in public areas as prescribed in Chapter 12.22 of this code shall apply. The abatement procedures prescribed in Chapter 9.32 of this code shall also apply.

(b) Emergency Abatement. Violations that present an imminent danger to public health or safety may be immediately abated pursuant to Section 9.32.030 of this code. Abatement may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity. The procedures regarding storage of personal property in public areas as prescribed in Chapter 12.22 of this code shall also apply. The abatement procedures prescribed in Chapter 9.32 of this code shall also apply.

(c) The cost of abatement as prescribed in Chapters 9.32 and 12.22 of this code, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both.

(Ord. No. 25-03, § 4, 7-8-2025)

No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, law enforcement personnel, code enforcement officer, animal control officer or volunteer in their execution of an abatement pursuant to this chapter.

(Ord. No. 25-03, § 4, 7-8-2025)

(a) 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. Any person issued an administrative citation for violations of this chapter shall comply with the city's administrative citation process as set forth in Chapter 1.08.

(b) The city shall be entitled to recovery and reimbursement of its costs and fees as set forth in Section 1.08.140, Chapter 9.32, and all other applicable laws.

(c) All remedies prescribed under this chapter are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy.

(d) Each and every incident or portion thereof, during which a violation of any provision of this Code is committed, continued, or permitted shall constitute a new and separate offense.

(Ord. No. 25-03, § 4, 7-8-2025)