Fairfield Municipal Code Art. XIII Protection of Critical Infrastructure, Wildfire and Flood Risk Areas

The City Council finds as follows:

(a) 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, wastewater, storm water, and waste disposal; and

(b) Destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, flooding, obstructing access, or other causes; and

(c) 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.

(d) Allowing debris or personal items to accumulate in storm channels, dry creeks or other water outlets causes the potential to block outlets to such channels, dry creeks or other water outlets during periods of heavy rains that created dangerous flooding conditions that pose a danger to the life and safety of those who accumulate such debris, and also pose a danger to the health and safety of the property and community in the surrounding area.

The purpose of this article is to mitigate the threat of fire, flood, and other potential causes of destruction and damage to, and interference with, critical infrastructure, 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 or wildfire risk areas.

(Ord. No. 2023-09, § 2)

The purpose of this Chapter is to protect the health, safety, and welfare of the public by prohibiting the accumulate of debris or personal items caused by camping in, on, or near critical infrastructure, wildfire and flood risk areas, and youth-serving facilities. The prohibition of the accumulate of debris or personal items caused by camping in these areas is intended to further mitigate the threat of degradation, fire, flood, and other potential causes of destruction and damage to and interference with critical infrastructure, wildfire and flood risk areas, and youth-serving facilities. This Chapter is further intended to protect critical infrastructure, wildfire and flood risk areas, and youth-serving facilities from damage, interference, degradation, and nuisance activity related to unauthorized activities.

(Ord. No. 2023-09, § 2)

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

(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 camping outfits or temporary shelter. (e.g. not permanently affixed to the ground).

(c)

“Camp paraphernalia”

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

(d)

“Critical infrastructure”

may include, but is not limited to:

Flood protection facilities, meaning those physical structural works which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to flooding and the extent of the depths of associated flooding, such as levees, pumps, drainage ditches, access and patrol roads, and related facilities; or

Real property or a facility, whether privately or publicly owned, designated by resolution of the City Council 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.

Government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources; parks; and youth-serving facilities.

(e)

“Debris”

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

(f)

“Encampment”

means one or more camp facilities and/or camping paraphernalia that are being used, occupied, or stored on public property. Encampment specifically does not include an item or collection of items that reasonably appear to be for less than 12-hour, daytime only use such as items brought to a park for a picnic, nap, or day-time party.

(g)

“Facility”

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

(h)

“Flood risk area”

means local flood hazard or special flood area as defined in Solano County’s Hazardous Mitigation Plan, as may be amended from time to time.

(i)

“Garbage”

means discarded household items, objects, or materials for which there is no use or reuse intended.

(j)

“Personal property”

means personal effects or property consisting of the following items: identification or social security cards; medications, medical devices and eyeglasses; photos/photo albums; tax or medical records; reasonably usable, nonsoiled, non verminous items including but not limited to: Tents, blankets, sleeping bags, clothes, and operational bicycles (i.e. complete bicycles, not standalone bicycle parts). The definition of personal property does not include contraband.

(k)

“Private property”

means all private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.

(l)

“Public property”

means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.

(m)

“Severe weather”

means any flood watch, any flood advisory, any flood weather warning, a fire weather watch, or a red flag warning issued by the National Weather Service for Solano County.

(n)

“Store”

means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

(o)

“Public right-of-way”

means a street, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Street” includes highway, as that term is defined in the California Vehicle Code.

(p)

“Wildfire risk area”

means land that is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the Fire Marshal or Fire Chief of the responsible fire authority or California Code of Regulations, title 24, part 9, section 202.

(q)

“Youth-serving facilities”

includes but is not limited to public or private pre-schools, public or private primary or secondary schools, daycare facilities, after-school facilities, public libraries, playgrounds, swimming pools, youth clubs, or any other facility where minors gather for educational or recreational activities.

(r)

“Hazardous waste”

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

(s)

“Infectious waste”

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

(t)

“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 that is not hazardous waste; manure; dirt; soil, rock, gravel, sand, or other aggregate material; and other discarded solid and semisolid waste.

(Ord. No. 2023-09, § 2)

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

1. Critical infrastructure.

2. Within 30 feet of critical infrastructure.

3. Within 30 feet of the property line of any parcel enclosing critical infrastructure.

4. Within 30 feet of a vehicular or pedestrian entrance or exit of critical infrastructure.

5. 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, fire suppression, or emergency medical services agencies.

6. In a wildfire risk area.

(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 action of the City Council:

1. Critical infrastructure.

2. Within 30 feet of critical infrastructure.

3. Within 30 feet of the property line of any parcel enclosing critical infrastructure.

4. Within 30 feet of a vehicular or pedestrian entrance or exit of critical infrastructure.

5. 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, fire suppression, or emergency medical services agencies.

6. In a wildfire risk area.

(c) Nothing in this chapter is intended to prohibit or make unlawful 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 for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Fairfield Municipal Code or other laws, ordinances, and regulations.

(Ord. No. 2023-09, § 2)

(a) The City of Fairfield may abate or remove personal property, debris, garbage, hazardous waste, infection waste, solid waste, camp facilities, camp paraphernalia, or an encampment established in violation of this Article utilizing the abatement process described in Article IV of Chapter 27 of the Fairfield Municipal Code, or Article VIII of Chapter 27 of the Fairfield Municipal Code.

(b) Abatement pursuant to subsection A may include securing the perimeter of the property with fencing, gates, or barricades to prevent further violations.

(c) Abatement under this Section does not preclude the City from any other simultaneous enforcement actions including but not limited to: administrative citations or citations for an infraction or misdemeanor.

(d) It shall be a misdemeanor to willfully prevent, delay, resist, obstruct, or otherwise interfere with a City of Fairfield official, employee, contractor, or volunteer in their execution of an abatement pursuant to this Section.

(Ord. No. 2023-09, § 2)

(a) A violation of any section of this Chapter is declared to be a public nuisance and may be enforced as an administrative citation, infraction, or misdemeanor.

(b) Violations of any section of this Chapter may be prosecuted by an administrative hearing officer, City Attorney, or District Attorney.

(c) Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations under this Chapter or other provisions of the Municipal Code or State Law.

(Ord. No. 2023-09, § 2)

(a) The city of Fairfield shall enforce this provision in a manner that is consistent with applicable federal, state and local laws, including but not limited to applicable case law.

(b) The city manager or designee is hereby authorized to promulgate rules, protocols and procedures for the implementation of this Chapter, including but not limited to directing staff to post signage referencing this Chapter, consistent with the provisions herein.

(Ord. No. 2023-09, § 2)

(a) Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(b) In enacting and implementing this Chapter, the City of Fairfield is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Ord. No. 2023-09, § 2)

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. No. 2023-09, § 2)