Escondido Municipal Code § 17-8 Camping on private property prohibited

No person shall camp or lodge in or on any private property without written permission of the owner or lessee of such property.

(Ord. No. 86-18, § 8, 2-19-86; Ord. No. 2003-02, § 6, 2-5-03)

Purpose. The city council of the City of Escondido finds that the city is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the city council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The city council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this section to set standards for the preservation and protection of human life, health, and safety; to further the preservation and protection of sensitive public lands to prevent destruction of these assets; and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property.

(Ord. No. 2026-08, 6/3/2026[1]

[1]

|Editor's Note: Former §§ 17-8.1—17-8.7 regarding encampments, adopted by Ord. No. 2024-06, were repealed by Ord. No. 2026-08, 6-3-2026.

For purposes of sections 17-8.1 through 17-8.7, the following words, terms, and phrases shall be defined as follows:

"Abandoned"

means items voluntarily left behind by an owner who intentionally relinquishes all rights, control and claim to them. Abandoned items include trash, junk, and debris.

"Abatement"

means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment.

"Camp"

shall have the same meaning as provided for in section 17-7 and shall not be construed to prohibit camping in public campgrounds under a permit authorized by other provisions of law or ordinance.

"Camp paraphernalia"

means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

"City manager,"

as used herein, shall mean the appointed city manager for the City of Escondido and all persons designated and authorized by the city manager to perform the activities required under this section including, but not limited to, all law enforcement and public works personnel.

"Encampment"

means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia, personal property, and shopping carts associated with or located in or around the structures or tents.

"Open space"

means any undeveloped public property either primarily in its natural state, including canyons and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

"Park"

means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space.

"Recreational area"

means a park, playground, recreation center, public school athletic field, or any other area in the city owned or used by the city which is devoted to active or passive recreation. It shall include all adjacent facilities used in conjunction with the park such as restrooms and locker rooms.

"Shelter"

means any facility where individuals or families experiencing homelessness can access beds and other services or an area designated by the city manager for use by individuals or families experiencing homelessness.

"Unattended"

means property, or items, either intentionally or unintentionally, left behind by an owner. For the purposes of sections 17-8.1 through 17-8.7, if a person reasonably believes or knows the property owner intends to retain all rights, control, and claim to a property or item, it is considered unattended.

"Waterway"

means all or portions of the Escondido Creek, Kit Carson Creek, their tributaries and headwaters, and any other drainage channel or improved or unimproved watercourses, found on public property, within the boundaries of the City of Escondido.

(Ord. No. 2026-08, 6/3/2026)

It is unlawful for any person to do any of the following:

(a) Build or erect a structure of any type within or along the banks of any waterway, or using or affixing any object to trees or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

(b) Move boulders, large rocks, or otherwise reconfigure the natural landscape or destroy vegetation, paved roads, or paths created by the city in the waters of or along the banks of a waterway;

(c) Drive, park, or bring any shopping cart or wheeled vehicle along the banks of a waterway, except in places specifically provided and designated for such use;

(d) Dig into or on the banks of a waterway; or

(e) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway;

(f) Nothing in this section 17-8.3 is intended to prohibit the 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 authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority.

(Ord. No. 2026-08, 6/3/2026)

(a) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, recreational area, waterway, or bank of a waterway, unless specifically authorized by the city manager.

(b) It is unlawful for any person to camp or to maintain an encampment where such activity poses:

(1) An immediate threat or an unreasonable risk of harm to any natural person;

(2) An immediate threat or an unreasonable risk of harm to public health or safety; or

(3) Disruption to vital government services.

(c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:

(1) Within 500 feet of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education, provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of this provision, does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;

(2) Within 500 feet of any shelter, provided that signs are posted prohibiting camping that are clearly visible to pedestrians;

(3) In any open space, recreational area, waterway, or banks of a waterway;

(4) Within any transit hub, on any trolley platform, or along any trolley tracks, provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and

(5) In any park or open space where the city manager determines there is a substantial public health and safety risk, and provided that signs are posted prohibiting camping that are clearly visible to pedestrians.

(Ord. No. 2026-08, 6/3/2026)

(a) Violations of sections 17-8.1 through 17-8.7 may be prosecuted as misdemeanors subject to the fines and custody provisions in the Escondido Municipal Code.

(b) Violations of section 17-8.4(b) are enforceable at all times regardless of shelter availability.

(Ord. No. 2026-08, 6/3/2026)

The city manager may remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found in or on public property, at an encampment, or at a location where a person is engaged in unlawful camping, in compliance with the following procedures:

(a) Written notice required prior to abatement.

(1) A written Notice of Clean-Up will be provided in close proximity to the area of the encampment, providing reasonable notice of the date of clean-up and giving a reasonable time period for persons to remove their personal property. If the encampment is unoccupied, it will be considered unattended, pursuant to subsection (h) of this section. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and relevant information:

You must remove your belongings from the site within the time prescribed by the Notice of Clean-Up. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the city. If you wish to minimize the risk of losing valued belongings, you should keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

If you think your belongings were stored, you can claim them by following the directions on the Notice of Clean-Up after the clean-up is complete. Information about how to claim your belongings is also available on the city's website.

On the Notice, the city will provide the address, phone number, and hours of operation, if items are stored.

(2) Upon the expiration of the time allotted after notice has been provided, the city manager may conduct the abatement of the site.

(b) The city manager shall follow these additional procedures when persons are present at an encampment during abatement:

(1) When shelter is available, the city manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable and consistent with state and federal law.

(2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site, unless items are loaded or in the process of being loaded for removal, in a reasonable time period. Personal property left behind will be deemed abandoned or unattended.

(3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, personal property will be taken to the Escondido Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager may consider the items unattended or abandoned.

(c) Abatement documentation. The city manager shall document the abatement process by:

(1) Photographing the site or encampment area before any abatement begins;

(2) If reasonably possible, and subject to health and safety considerations, open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage;

(3) If reasonably possible, document the items contained in bags or suitcases;

(4) Document all items to be stored; and

(5) Document the site after abatement has concluded.

(d) Unclaimed items found in abatement shall be eligible for storage if:

(1) Circumstances indicate that the item belongs to a person;

(2) The item has apparent utility in its current condition and circumstances; and

(3) The item can be safely retrieved from the site.

(e) An eligible item found during an abatement shall be put into storage, unless it meets one of the following disqualifying conditions:

(1) Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

(2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

(3) Practically un-storable, due to large size, weight, or other similar characteristic,

(4) Contraband or stolen; or

(5) Is on the city manager's current list, published on the city's website, of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

(f) The city manager shall record each eligible item to be stored, including the location it was found and the date of storage. Pursuant to the time and manner restrictions prescribed by state law, any stored items shall be retained, kept in storage, and then may be disposed of, recycled, or reused.

(g) After abatement has concluded and when eligible items are collected and will be placed in storage, the city manager shall provide notices at the location of the abatement that include information on how a person can claim stored items. Information about the retrieval of stored items shall also be available on the city's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership.

(h) Unattended items will be collected and stored in accordance with procedures established at the discretion of the city manager or their designee.

(i) Abandoned items will be collected and discarded in accordance with procedures established at the discretion of the city manager or their designee.

(Ord. No. 2026-08, 6/3/2026)

(a) In an expedited abatement, the city manager shall follow the same abatement and storage procedures in section 17-8.6, but shall provide a Notice of Clean-Up, giving a reasonable time for all persons to remove their personal property, and may initiate such expedited abatement immediately after the expiration of the allotted time period listed on the Notice of Clean-Up.

(b) The city manager shall prioritize and expedite the removal of an encampment if:

(1) The city receives direction from county of San Diego or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or

(2) The city manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

(Ord. No. 2026-08, 6/3/2026)