Eastvale Municipal Code Ch. 8.10 Camping and Storage of Personal Property in Public Places

The use of public places for camping and storage of personal property interferes with the rights of the public to use such areas in the manner in which they were intended. The purpose of this chapter is to ensure that public places are readily accessible to the public in a safe and unobstructed manner.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

As used in this chapter, the following words and phrases have the meaning set forth in this section:

Camp or camping means the use of public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.

Camp paraphernalia includes, but is not limited to, tents, huts, pillows, tarps, cots, beds, sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that are used to create temporary shelters and accommodations.

Dwelling or living quarters means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure.

Enforcement officer means any law enforcement officer or city employee with obligations to enforce the Eastvale Municipal Code, including, but not limited to, code enforcement personnel, building official or their designees, and Riverside County Sheriff deputy.

Personal effects means personal property consisting of the following items:

Medication, eye glasses, or other medical devices;

Sleeping bag or bed roll, provided it is non-verminous and does not pose a health or safety threat;

Tents in usable and reasonably good condition; and

Clothes and other personal property that are non-verminous and do not pose a health or safety threat.

Public place means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public parking lots, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place" also includes any public right-of-way, and includes any public streets, sidewalks, alleyways, or passageways that are open to vehicular, bicycle or pedestrian traffic.

Store or storage means to put aside or accumulate for later use or safekeeping, to place or leave in a location.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

(a) No person may camp on a public place.

(b) No person may store unattended personal property, including camp paraphernalia, in any public place.

(c) No person may use any car, trailer, camper, recreational vehicle, or mobile-home as a dwelling or as living quarters to camp on any public place between sunset and sunrise.

(d) No person may camp or store unattended personal property, including camp paraphernalia, on any privately owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance.

(e) No person will be cited under this chapter unless the person engages in conduct prohibited by this chapter after having been notified by an enforcement officer that the conduct violates this chapter.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

(a) Nothing in this section will prevent the city from abating a condition created by such camping or storage of personal property that presents an immediate threat to the public health or safety.

(b) Nothing in this chapter may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit, license, or other approval issued under federal, state or local law, or as otherwise expressly permitted in another part of this code.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

(a) An enforcement officer may remove personal property unlawfully stored or found in a public place as follows:

(1) The location of any personal property including camping paraphernalia, will be tagged and dated with a notice including the following:

"It is illegal to store personal property in public places. If this personal property is not removed by (specify date at least 48 hours from posting), this personal property will be deemed intentionally abandoned and subject to removal and possible destruction."

(2) The officer may remove any personal property still unlawfully stored or remaining in the public place after the posting period has expired.

(b) If the unlawful camping or storage of personal property in a public place presents an immediate threat to the public health or safety, an enforcement officer may immediately remove the personal property without prior notice.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

(a) At the time of removal of any unlawfully stored or remaining personal effects, the enforcement officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:

(1) A list of personal effects removed;

(2) A telephone number for information on retrieving personal effects;

(3) The address and hours of operation where personal effects may be collected; and

(4) The period of time during which the personal effects may be claimed.

(b) Following removal of unlawfully stored or remaining personal effects, an enforcement officer must:

(1) Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;

(2) Place the removed personal effects in containers labeled in a manner facilitating identification by the officer and owner and which reasonably protect such property from damage or theft; and

(3) Store the removed personal effects in a location designated by the city for a period of 60 days.

(c) If personal effects are claimed within 60 days from removal, unless the property is connected to a crime or is illegal to possess, the city will release the stored property to the owner upon the following:

(1) The person claiming ownership identifies the property and approximate location where the property was left by the owner.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

(a) Unlawfully stored or found personal effects removed from a public place and remaining unclaimed at the end of 60 days from removal may be disposed of by the city.

(b) All other unlawfully stored or found personal property removed from a public place pursuant to this chapter is deemed intentionally abandoned and may be summarily abated and destroyed.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)

In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation.

(Ord. No. 24-08, § 1(Exh. A), 9-25-2024)