Fullerton Municipal Code Ch. 7.108 Protection of Critical Infrastructure

(A) 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 critical to 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 often caused by fire, contamination, restricting access or other causes; and

(3) Destruction of, damage to or interference with critical infrastructure often caused by persons conducting unpermitted and/or authorized activities in, on or near critical infrastructure.

(B) This chapter mitigates destruction and damage to, and interference with, critical infra- structure to protect the health, safety and welfare of the public by authorizing removal of persons and their personal property in, on or near critical infrastructure.

(Ord. 3328, passed - -2024)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAMP. Has the same meaning as in § 7.105.020(B).

CAMP FACILITIES. Include, but are not limited to, tents, huts or temporary shelter.

CAMP PARAPHERNALIA. Sleeping, cooking or other equipment intended to be used for camping, including bedrolls, blankets, pillows, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities.

CRITICAL INFRASTRUCTURE. Real property or a facility, whether privately or publicly owned, designated by City Council resolution as so vital and integral to the operation or functioning of the city that its damage, incapacity, blockage, inaccessibility, disruption or destruction would have a debilitating impact on the public health, safety or welfare. CRITICAL INFRASTRUCTURE includes government buildings such as fire stations, police stations, libraries, jails, courthouses, bridges, train stations, and parking structures, as expressly designated by city council resolution.

DEBRIS. Building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods.

FACILITY. A building, structure, equipment, system or asset.

GARBAGE. Discarded non-putrescible or putrescible household items, objects or materials with no use or reuse intended. GARBAGE does not include source-separated recyclables, food waste or yard waste that is properly disposed of for that purpose.

HAZARDOUS WASTE. Has the same meaning as in Cal. Public Resources Code § 40141.

INFECTIOUS WASTE. Has the same meaning as in 14 C.C.R. § 17225.36.

SOLID WASTE. All putrescible and non-putrescible solid, semi-solid 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 not considered hazardous waste, manure, dirt, soil, rock, gravel, sand or other aggregate material and other discarded solid and semisolid waste not including recyclables, food waste or yard waste that is properly disposed of for that purpose.

(Ord. 3328, passed - -2024; Ord. 3339, passed - -2025)

(A) It is unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia at or within 15 feet of critical infrastructure.

(B) It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia at or within 15 feet of critical infrastructure.

(C) City Council does not intend by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.

(D) Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private real property or other lawful user of private real property normally associated with and incidental to the lawful and authorized use of private real property for residential or other purposes and nothing is intended to prohibit or make unlawful the activities of a real property owner or other lawful user if the Municipal Code or other laws, ordinances and/or regulations expressly authorized such activities.

(Ord. 3328, passed - -2024; Ord. 3339, passed - -2025)

(A) The city may abate any violation of § 7.108.030 upon 24 hours prior notice pursuant to Chapter 6.01 of this code, but the city may abate a violation of § 7.108.030 immediately pursuant to § 6.01.180 without prior notice, if the violation poses an imminent threat to public health or safety.

(B) Abatement pursuant to Division (A) 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.

(C) Regardless of city authority to conduct abatement pursuant to this section, every owner, occupant or lessee of real property and every holder of any interest in real property must maintain the property in compliance with local, state and federal law and is liable for violations thereof.

(D) The city may assess the cost of abatement, including all administrative costs of any action (including attorneys’ fees) taken hereunder, against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in §§ 6.01.130 and 6.01.200.

(Ord. 3328, passed - -2024)

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

(Ord. 3328, passed - -2024)

(A) In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions and administrative penalties pursuant to Chapter 1.10 of this code.

(B) City Council declares violations of this chapter a public nuisance.

(C) Any person who violates a provision of this chapter is liable for civil penalties pursuant to Chapter 1.08 of this code.

(D) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(Ord. 3328, passed - -2024)