Fullerton Municipal Code Ch. 7.36 Obstruction of Public Rights-of-Way and Public Facilities

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

LANDSCAPED AREA. All improved landscaped areas, except for open grass area.

MEDIAN. A traffic fixture consisting of a strip of ground dividing or separating a street, roadway or highway into lanes according to the direction of travel.

PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible things that is subject to ownership; property or chattels that can be seen, weighed, measured, felt or touched, including furniture, appliances, camp paraphernalia (as defined in § 7.108.120) and "shopping carts."

PUBLIC FACILITY or PUBLIC FACILITIES. All city-owned buildings and real property including public parking lots, public parking structures and public bathrooms.

PUBLIC PARK. All dedicated parks, triangles and traffic circles maintained by the city. PUBLIC PARK does not include the parkway strips between the curb and sidewalk along the streets and highways of the city.

PUBLIC RIGHTS-OF-WAY or PUBLIC RIGHT-OF-WAY. Any place of any nature which is dedicated for use by the public for pedestrian and vehicular travel and includes a street, alley, sidewalk, curb, crossing, intersection, parkway, highway, boulevard, road, roadway, tunnel, bridge, thoroughfare or any other area designated as public right of way by the City Council.

STORE. To put aside PERSONAL PROPERTY in a public area or accumulate it for use when needed; to place personal property in a public area for safekeeping; and/or to leave personal property unattended in a public area. For purposes of this definition, PUBLIC AREA means publicly-owned or controlled property, including public rights-of-way and public facilities.

STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term STREET includes highways.

UNATTENDED. No person who asserts or claims ownership over personal property is present with or accompanying the personal property.

(Ord. 3338, passed - -2025)

No person shall stand, lie, sleep, sit or in any manner obstruct by means of person or personal property public or private access, by ingress or egress from or to a public right-of-way, in or at the entrance of any public facility or private building so as in any manner to obstruct such ingress or egress access.

(Ord. 3338, passed - -2025)

(A) No person shall fix in place, store, maintain or leave personal property unattended in or on a public right-of-way or public facility.

(B) No person shall sleep, lie down, or sit on any movable chair, bucket, crate, coole, or similar personal property, in or on a public right-of-way.

(C) No person shall sleep or lie down in or on a public facility.

(D) No person shall sit, lie or sleep, or store, maintain, or place personal property on a median, public parkway, or landscaped area, except sitting in a landscaped area specifically designed for sitting or lying.

(E) No person shall sleep or lie down on or under a public transit/bus bench, or a bench, table, playground equipment or other fixed structure in a public park.

(F) No person shall obstruct public or private access by sitting, lying or sleeping in a public right-of-way, or by storing, using, maintaining or placing personal property in a public right-of-way:

(1) In a manner that obstructs or impedes passage in violation of the Americans with Disabilities Act;

(2) On or within ten feet of an operational or utilizable driveway, ramp or loading dock;

(3) Within ten feet of an operational or utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;

(4) Within ten feet of a fire hydrant, fire plug or other connection used by the Fire Department;

(5) Within ten feet of an automatic teller machine or any door that provides access to an automatic teller machine;

(6) Within ten feet of an electric vehicle charging station, parking pay station, or parking meter;

(7) Within ten feet of the entrance to a public facility;

(8) Within ten feet of a sidewalk ramp, or a corner where a street, roadway, highway or alley intersect;

(9) In a manner that unreasonably interferes with required maintenance of public equipment or facilities or the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or

(10) Within 500 feet of any school or day care center.

(G) It shall not be a violation of this section for a person to sit for purposes of viewing a legally conducted parade, ceremony, sports event or public event or similar lawful or permitted event.

(Ord. 3338, passed - -2025)

The following shall not constitute an obstruction for purposes of this chapter.

(A) Legally parked vehicles.

(B) Trash and refuse placed for collection by the city refuse collection service.

(C) Objects placed for a period not exceeding one hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct.

(D) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created.

(E) Any legally located bus passenger bench or shelter or material located in accordance with any city permit or authorization.

(Ord. 3338, passed - -2025)

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 Fullerton Municipal Code Chapter 1.10.

(A) Violations of this chapter are hereby declared to be a public nuisance.

(B) The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate any condition(s) found to be in violation of the provisions of this chapter, as provided by law.

(C) Any person who violates a provision of this chapter is liable for civil penalties not less than $250 or more than $25,000 for each day the violation continues. 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. 3338, passed - -2025)