Chapter 93 — PARKS AND RECREATION

All city parks and facilities are intended for the recreation use of the residents of the city. When not in use for city business or recreation programs, the parks and facilities may be used by local groups and individuals for social, cultural, and recreation activities.

(Prior Code, § 2509) (Ord. 92-2, passed 5-4-1992)

(A) Any person(s) or organization(s) must first obtain a permit for use of any portion of any recreational facilities, parks, or lands of the city for the purposes provided in this subchapter.

(B) If the application for permit is found in good order, the person(s) or organization(s) shall be granted use of the facility, park and/or city land as requested.

(C) In the event the Director, or his or her duly appointed representative, refuses to grant the permit, the applicant may appeal such refusal in writing to the Parks and Recreation Commission by filing written notice thereof with the Director within ten days following refusal of the permit.

• (D) Uses requiring a person or organization to obtain a permit include (but not limited to) the following:

• (1) Person(s) or group(s) proposing to erect or maintain a table, booth, or similar structure;

• (2) Group(s) of persons, exceeding 50 in numbers;

• (3) Person(s) or group(s) desiring to reserve a facility or park for a limited time for their exclusive use;

• (4) Any person(s) or group(s) desiring to make solicitations or sales; and

• (5) Any person(s) or group(s) desiring to hold a contest, demonstration, or exhibit in a park or facility for which an admission or entrance fee is charged.

(E) All permits issued pursuant to this subchapter are to be honored by all persons or groups when presented with a valid copy of the permit.

(Prior Code, § 2510) (Ord. 92-2, passed 5-4-1992)

All park or facility use rules and regulations will be enforced by appropriate enforcement authorities of the city. (Prior Code, § 2511) (Ord. 92-2, passed 5-4-1992)

(A) No person shall cut, break, move, take, or otherwise injure, destroy, or deface any trees, shrubs, plants, turf, rock, or any building, fence, bridge, sign, or other structure; or foul any stream or dump any earth, rubbish, or other substance or material in or upon any park. Any such damage shall be a misdemeanor.

(B) Nothing listed within this section shall limit the Director, or his or her designate, from authorizing necessary maintenance, safety, or programming duties as necessary to complete the responsibilities of the Department. (Prior Code, § 2512) (Ord. 92-2, passed 5-4-1992) Penalty, see § 93.99

No person shall be in any park or facility between the hours of 11:00 p.m. and 5:00 a.m. unless written permission is obtained from the Parks and Recreation Director, or his or her representative.

(Prior Code, § 2513) (Ord. 92-2, passed 5-4-1992) Penalty, see § 93.99

Use of alcohol within public park and facilities is allowed, subject to all laws of the state. The city may forbid, restrict, or otherwise limit the use of alcohol for any activity for which a permit is issued. (Prior Code, § 2515) (Ord. 92-2, passed 5-4-1992)

SMOKING PROHIBITED

(A) Purpose. The purposes of this subchapter are to:

(1) Protect the public health, safety, and general welfare by prohibiting smoking in public places under circumstances where other persons will be exposed to secondhand smoke;

(2) Assure a cleaner and more hygienic environment for the city, its residents, and its natural resources, including its beaches, creeks, and streams;

(3) Strike a reasonable balance between the needs of persons who smoke and the needs of non-smokers, including children, to breathe in smoke-free air, recognizing the threat to the public health and the environment which smoking of tobacco causes; and

(4) Recognize the right of residents and visitors to the city to be free from unwelcome second-hand smoke in places of public recreation.

(Prior Code, § 3999.10)

(B) No smoking. There shall be no smoking within any recreational building under the direction, control, and/or jurisdiction of the Parks and Recreation Department.

(Prior Code, § 2514)

(Ord. 92-2, passed 5-4-1992; Ord. 12-04, passed 8-6-2012) Penalty, see § 93.99

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

PUBLIC PARKS. All dedicated city parks, beaches, sporting facilities, city parks on leased property, including all of their amenities, off-street parking areas, trails, walkways, and contiguous sidewalks.

SMOKE or SMOKING. The carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking product or equipment used to burn any tobacco products, weed, plant, or any other combustible substance. SMOKING includes inhaling and emitting or exhaling the fumes or vapors of any pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking product or equipment used for burning any tobacco products, weed, plant, or any other combustible substance.

(Prior Code, § 3999.11) (Ord. 12-04, passed 8-6-2012; Ord. 16-03, passed 9-6-2016)

• (A) Except for ceremonial, religious, or educational purposes, it is unlawful:

• (1) To smoke in any public park;

• (2) To smoke on any sidewalk surrounding or adjacent to any public park; and/or

• (3) To dispose of any pipe waste, cigar or cigarette butts, or any tobacco-related waste in any public park except in any specifically designated smoking waste receptacle.

• (B) This section shall not apply to smoke generated by portable or fixed barbeques.

(Prior Code, § 3999.12) (Ord. 12-04, passed 8-6-2012) Penalty, see § 93.99

(A) A violation of this subchapter is an infraction and is subject to punishment as provided for in §§ 37.55 through 37.59 .

(B) Punishment under this section shall not preclude punishment pursuant to Cal. Health and Safety Code § 13002, Cal. Penal Code § 374.4 , or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties, or procedures provided by law. (Prior Code, § 3999.13) (Ord. 12-04, passed 8-6-2012)

(A) Signs which designate the area as a non-smoking area will be posted in conspicuous areas in public parks such as entrances and gates, picnic areas, buildings, trailheads, or any other conspicuous areas deemed appropriate by staff.

(B) Such signs will be worded as to communicate the intent of this subchapter.

(C) Notwithstanding this provision, the presence or absence of a sign shall not be a defense to the violation of the provisions of this subchapter.

(Prior Code, § 3999.14) (Ord. 12-04, passed 8-6-2012)

CAMPING, RECREATION; HOMELESSNESS

(A) As its regional efforts continue, the city must appropriately consider various interests and formulate policies to best protect public health, safety, welfare, property, and the environment, with limited resources.

(B) The City Council acknowledges the lack of nightly shelter beds and housing currently available regionally and recognizes the systemic lack of state and federal investment in shelter and public health services for those experiencing homelessness.

(C) The City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. In the city, this has typically meant sheltering, sometimes for extended periods of time, on city rights-of-way and city property, and at times on other agency property such as the State Department of Parks and Recreation property.

(D) Public rights-of-way and public property are generally intended for public use and travel. The City Council is the authority for rights-of-way within the city; as such, the city must consider the safety of motorists and pedestrians traveling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The city has had increasing concerns regarding safety due to camping on or in rights-of-way and public property in or near streets, roads, sidewalks, and public access points.

(E) Over the long term and working with other governmental agencies and non-profit organizations, the city’s goal is that people should not have to live outside and there should be safer options because long-term camping for survival

sheltering outside is not a solution for people without homes.

(F) The city owns extremely limited property where camping can or should be allowed. City utility properties (stormwater, water, sewer) are sensitive and generally closed to the public or have limited access for safety, environmental, and security reasons.

(G) It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on city rights-of-way and public property, which are intended to be as compatible as possible with the needs of everyone in the city to be healthy, safe, and have access to public places. Smaller sites support the safety of people who are camping for survival on public property.

(H) It is the purpose and intent of the City Council to provide standards for camping and survival sheltering on city rights-of-way and public property which will address issues such as fire risk, unsanitary conditions, trash, and public safety hazards to people camping and neighboring businesses and community members, and environmental degradation, which have occurred with longer-term camping in the city.

(I) (1) It is the intent of the city to evaluate each removal of a campsite in light of the criteria in § 93.54 and with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources.

(2) The city will use a team approach and coordinate with other governmental agencies and non-profit organizations as appropriate.

(J) When the city removes a camp or closes a location people are sheltering in the public right-of-way or on public property, it will post notices a minimum 48 hours prior to the closure so everyone that would be affected by the move will have adequate notice, except in cases of exceptional emergency or criminal activity, as allowed by state law and set forth in §§ 93.35 through 93.38, and 93.50 through 93.54.

(K) The city looks for the safest options for cleaning the camp, often hiring a contract company that uses best practices and safe collection and works with service providers to minimize harm. Unless there is a public health or safety reason for emergency removal, service providers or other community resources will be notified in advance to be on hand for support and outreach ahead of time, consistent with state law.

(Ord. 23-01, passed 3-27-2023; Ord. 25-07, passed 10-27-2025)

(A) It is unlawful for any person to use a vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle for human habitation or left parked for storage on any public street, city parking lot, city rightof-way, or public property, as follows:

• (1) Between the hours of 9:00 p.m. and 6:00 a.m.;

• (2) At any time within 200 feet of a residential zoned property boundary:

(a) The 200-foot setback in division (A)(2) above shall not apply to the El Camino Real area as defined below in the following map.

1. This area shall be subject to a 250 feet setback requirement from residential property boundaries.

2. All other areas of the city, not otherwise defined in this subchapter or §§ 93.50 through 93.54 , shall require a 200-foot setback from residential property boundaries; and

(b) At any time, within 200 feet of a school that offers instruction on those courses of study required by the state’s Education Code or that is maintained pursuant to standards set by the State Board of Education. SCHOOL for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. The setback shall be calculated from the school property boundaries.

(3) For purposes of this section, EVIDENCE OF HUMAN HABITATION may include observations, considering all the circumstances, that a person is using a vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle for: sleeping; bathing; preparing or cooking meals; or possessing or storing items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, used bedding, kitchen utensils, cookware, cooking equipment, camping gear, food, water, personal grooming items, or containers of feces or urine. EVIDENCE OF HUMAN HABITATION also may include observations, considering all the circumstances, that: a person has obscured some or all of the windows; there is litter, rubbish, or waste in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle; there is furniture set up in or around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or there is evidence of human urination or defecation around the vehicle, camp-trailer, camper, coach, fifth-wheel travel trailer, house car, or recreational vehicle.

(B) This section shall not apply if the street, city parking lot, city right-of-way or public property is specifically authorized by the City Manager, or his or her designee, as defined here to be used for habitation. (Ord. 23-01, passed 3-27-2023) Penalty, see § 93.99

(A) Notwithstanding any other provision of this code or the City Development Code, a total of three vehicles per parcel may be used by people who lack access to permanent or safe shelter and who cannot obtain other housing for overnight camping in a parking lot or paved or gravel surface of a parcel of any size owned or leased by a religious institution, non-profit, or a business, with permission of the property owner and lessee, and only after owner is issued a city permit by the Community Development Department.

(B) A property owner or lessee who allows overnight camping on a property pursuant to this section shall:

(1) Provide persons camping overnight with access to sanitary facilities, including, but not limited to, toilet, hand washing, and trash disposal facilities at all times people are authorized to be present for overnight camping;

(2) Not require payment of any fee, rent, or other monetary charge for overnight camping authorized by this section;

(3) Restrict the use of the owner’s or lessee’s property for no longer than 72 hours for each vehicle;

(4) Not allow the dumping of wastewater or trash on the property unless sufficient city approved receptacles are available;

(5) Not allow for the storage of personal property beyond six feet immediately adjacent to the vehicle; and

(6) Not allow on-site storage of personal property when the personal property owner is no longer staying on the property being used for camping.

(C) A property owner who permits overnight camping pursuant to this section may revoke that permission at any time and for any reason. Any person who has permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked.

(D) The provisions of this section are not intended to limit or otherwise change any land uses that may be permitted on property under the City Development Code.

(E) This section shall not apply when the camping by tent or other removable structure is by minor children, under the direct care and supervision of a parent or guardian who is related to or visiting the owner of such property, or the lessee of such property or the person in lawful possession of such property. This exception is only intended to cover short term and temporary camping in no event longer than three days.

(Ord. 23-01, passed 3-27-2023)

(A) It is prohibited at all times for any person to use city property or rights-of-way to camp or for camping, or for the purpose of occupancy, habitation, or sheltering for survival unless otherwise authorized in this subchapter, provided that the City Manager may, in his or her discretion, designate certain city properties or portions of properties or rights-of-way as exclusive areas where camping for sheltering and/or sleeping may be allowed on a limited basis, and may set the terms and conditions of any camping use that may be allowed.

(B) Any use of city property or rights-of-way will follow the applicable processes, including, where applicable, the City Development Code and/or municipal code.

(Ord. 23-01, passed 3-27-2023) Penalty, see § 93.99

USE OF PUBLIC RIGHTS-OF-WAY, CITY PROPERTY FOR CAMPING

(A) This subchapter is intended to balance and prioritize several interests: recognition of the essential human dignity of everyone in the city; the need to have safe and orderly conditions in city rights-of-way and public property for the safety and benefit of everyone in the city; the right of everyone in the city to have shelter for sleep and safety; and respect for public spaces and public property in service to the entire community.

(B) With this in mind, this subchapter is intended to regulate the use of public rights-of-way and city property to protect and preserve public places for their designed and intended purposes, while also making them available for shelter and sleeping by people who have no other options for shelter.

(C) (1) The city recognizes that surviving on city streets is typically an option of last resort.

(2) This subchapter and the city’s enforcement efforts will be focused on mitigating the impacts to public health and safety that can arise from survival camping in public places.

(Ord. 23-01, passed 3-27-2023)

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

CAMP, TENT CAMP, or THE ACT OF CAMPING.

(1) To pitch a tent, use, or occupy camp materials or a camp for the purpose of occupancy, habitation, or sheltering for survival and in such a way as will facilitate sleeping or storage of personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including heat and cold, or any of these activities in combination with one another or in combination with either sleeping or making preparations to sleep. A CAMP is a location where people camp or are camping.

(2) CAMP , CAMPING , and TENT CAMPS do not include vehicles, automobile, or recreational vehicles used for shelter and/or sleeping on public property or tents on private property, which are regulated in §§ 93.36 or 93.37 .

(3) CITY PARKING LOT OR PARKING STRUCTURE is a type of city property and means a developed or undeveloped area or facility owned, maintained, and/or leased by the city that is designated and/or used for parking vehicles (this division (2) also pertains to ESTABLISHED CAMPSITE and CAMP MATERIALS as defined in this section).

CAMP MATERIALS. May include, but is not limited to, tents, chairs, tarps or tarpaulins, cots, beds, sleeping bags, flameless stoves, blankets, sleeping or bedding materials, food or food storage items, and/or similar items that are or

appear to be used as living and/or sleeping accommodations, or to assist with living and/or sleeping activities. CITY PROPERTY. Includes all real property, land and public facilities owned, leased (either to the city or by the city), controlled, or managed by the city including city parking lots or parking structures, but excluding city-owned or managed rights-of-way.

ESTABLISHED CAMPSITE. A location or locations in the public right-of-way or on city property where a camp, camps, and/or camp materials have been set up for 24 hours or more. Camps shall consist of no more than two individuals, two leashed dogs, and one tent.

PUBLIC RIGHTS-OF-WAY. All city-owned or controlled rights-of-way, whether in fee title or as holder of a public easement for right-of-way or public access purposes. PUBLIC RIGHTS-OF-WAY include, but are not limited to, any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the city for vehicular, pedestrian, utilities, or other means, and any planter strip or landscaped area located adjacent to or contained within streets that is part of the PUBLIC RIGHT-OF-WAY .

TRANSPORTATION FACILITY LOADING AREA. The area within 200 feet of where trains, buses, or any form of public transportation loads or unloads passengers.

(Ord. 23-01, passed 3-27-2023)

(A) Permanent residence. People who do not have any other permanent residence or domicile and/or are involuntarily homeless are not prohibited from camping on public property or rights-of-way, provided camping is occurring in compliance with the following time, place, and manner regulations and consistent with any administrative rules and policies promulgated by the City Manager, or his or her designee, in accordance with § 93.38 . (B) Time.

(1) Unless otherwise specified, any camping or camp, where allowed, may only occur for 24 hours at a time in any one location. After a camp has been in one place for 24 hours or more, the city may post notice at the location that the camp, and all associated camp materials, must be removed no more than 48 hours later and all personal property remaining will be removed, as described in § 93.54.

(2) After 24 hours in one location, the camp and all associated camp materials must be moved at least one block or 600 feet, whatever is greater.

(3) Enforcement of time restrictions may be suspended when an individual does not have access to shelter and when an individual is engaged in case management or behavioral health services, or when necessary or appropriate to respond to an individual’s disability, as further set forth in the city’s comprehensive administrative policy implementing this subchapter adopted by the City Manager, or his or her designee.

(C) Place. In addition to the prohibition on camping on city property in § 93.38 , camping is not allowed at any time in any of the following places:

(1) Any area zoned Residential (R-1, CR-1, CPR-1, R-2, CR-2, R-3, and CR-3) on the City Zoning Map in effect at the time (zone changes amend the City Zoning Map but may not always be evident on the most recently published version of the map. The formal zoning designation of an area will control even if not reflected on the most recently published map. For public rights-of-way adjacent to properties with different zoning designations, the designation that is more restrictive for purposes of this subchapter will govern the use of that segment of the right-of-way).

(2) Within any residential Overlay Zone, as determined by the City Beach Zoning Map and Development Code. (3) Any place where camping, a camp, or camp materials create a physical impediment to emergency or nonemergency ingress, egress, or access to property, whether private or public, or on public sidewalks or other public rights-of-way, including, but not limited to, driveways providing access to vehicles, and entrances or exits from buildings and/or other real property.

(4) Any vehicle lane, bicycle lane, or roundabout within any public right-of-way or transport facility loading area, as defined in § 93.51 .

(5) Within 1,000 feet from any shelter approved under the City Development Code and/or any applicable provision of state law.

(6) On any street or public right-of-way, the city has closed to camping due to construction, heavy vehicle use, or other use of the roadway that is incompatible with camping in the right-of-way. The city does not need to close a street to vehicle traffic or to close a street to camping under this section.

(7) At any time, within the setback distances for a residential property or school as defined in § 93.36 (A)(2) and (A)(3).

(D) Manner. Camping, when and where allowed, is subject to all of the following:

(1) Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, clear vision, fire hydrants, city or other public utility infrastructure, or otherwise interfere with the use of the right-ofway for vehicular, pedestrian, bicycle, or other passage;

(2) A camp or camping must be limited to a spatial footprint of 12 feet by 12 feet, or 144 square feet. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended;

(3) To prevent larger camping sites from forming and the impacts that can result, no more than three camps may be set up per street block. If there are any camps set up on a particular street block, no other camp may be within 150 feet of any of those camps, including, but not limited to, across the street or on another street block. In open public property areas like or similar to the El Camino Real area, camps may not be within 150 feet of any other camp;

(4) Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on city property, or on any adjacent public or private property;

(5) Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Five Cities Fire Authority or the City Police Department are prohibited. Types of flameless cooking stoves and other devices for keeping warm are permitted, as allowed by adopted city policies;

(6) Dumping of gray water (for example, wastewater from baths, sinks, and the like) or black water (for example, sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes, but is not limited to, city streets, public rights-of-way, and public waterways and storm drains, which are not intended for disposal of gray water or black water;

(7) Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited;

(8) Connections or taps to electrical or other utilities that cross over city property, roadways, driveways, streets, sidewalks, and fences are prohibited;

(9) Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, or buildings is prohibited;

(10) Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents and similar items used for shelter that are readily portable are not structures for purposes of this section;

(11) Storage of personal property such as vehicle tires, bicycles, or associated components (except as needed for an individual’s personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material or gases, or other items or materials, is prohibited, other than what is related to camping, sleeping, or keeping warm and dry;

(12) Digging, excavation, terracing of soil, alteration of groundwater or infrastructure, or damage to vegetation or trees is prohibited; and

(13) All animals must be leashed or crated all times. Dogs must be licensed with the County Animal Services. (Ord. 23-01, passed 3-27-2023; Ord. 25-07, passed 10-27-2025)

(A) The City Manager, or his or her designee, is specifically authorized to modify or suspend enforcement of any section or element of §§ 93.35 through 93.38 and 93.50 through 93.54 in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including, but not limited to, extreme heat or cold), or for any other reason within the City Manager’s authority, regardless of whether an emergency has been declared.

(B) The City Manager, or his or her designee, may adopt administrative rules or policies governing or guiding enforcement of this subchapter, including, but not limited to, ensuring consistent and appropriate enforcement for various circumstances.

(C) Enforcement should be tailored for various circumstances, including, but not limited to, situations where a person has a disability under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with the code, or for other reasons that may support discretion in enforcement.

(D) (1) Methods of enforcement for violations of this subchapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. However, the intent of the city is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

(2) To that end, violations of this subchapter should only result in citations or arrest when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. (Ord. 23-01, passed 3-27-2023)

(A) A citation for a violation of §§ 93.35 through 93.38 , and 93.50 through 93.54 will be for an infraction. At the city’s discretion, it may issue administrative citations, as outlined in §§ 37.015 and 37.016 and 37.030 through 37.040, and administer the abatement process as outlined in 90.015 through 90.027. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation.

(B) Before a citation is issued, the enforcement personnel will contact the person and provide a reasonable opportunity to cure or remedy the alleged violation. In most cases, enforcement personnel will assess whether the person subject to citation has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made. The following will be communicated to the person in a manner designed to help them understand the issue or problem:

(1) A description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation;

(2) A written or verbal statement that the enforcement personnel has determined the activity to be a violation;

(3) A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and/or

(4) A written or verbal statement advising that if the violation is not fixed within the time specified, a citation will be issued and that a civil penalty in the maximum amount provided for the particular infraction or administrative citation may be imposed.

(C) A violation of this subchapter may result in the removal and/or clean-up of the camp or camps, camp material, or other personal property that are creating or contributing to the violation(s), typically after a request for voluntary compliance has been made as described in division (B) above, except in the case of an exceptional emergency, such as possible site contamination by hazardous materials or when there is danger to human life or safety or illegal activities, where removal can be immediate or be accomplished more quickly, depending on the severity of the situation. Any camp, camp materials, or personal property in violation of any of the standards in this subchapter may be removed or cleaned-up by the city or its designated contractors, subject to the requirements of storage of personal property and notice of storage described in division (E) below. Camps in violation will generally be prioritized for removal or clean-up based on factors such as risks and negative impacts to public health and safety and repeated violations of this subchapter. A camp may be subject to removal or citation, or both.

(D) Upon a determination by enforcement personnel that a camp or camping is occurring in violation of this subchapter, an established campsite may be removed pursuant to the following procedures.

(1) Prior to removing an established campsite on public rights-of-way or city property, at least 48 hours in advance, except in the case of exceptional emergency or criminal activity, the city must post notice at the location that the campsite must move and all personal property remaining will be removed and must inform local agencies that deliver services to homeless individuals where the notice has been posted that such notice has been posted.

(2) A campsite may be removed for violation of this subchapter without posting a 48-hour notice:

(a) When there is probable cause for law enforcement officials to believe that illegal activity, other than camping, is occurring on the campsite or in the immediate vicinity of the campsite, or the property that comprises the campsite is being used or is intended to be used to commit or facilitate the commission of otherwise illegal activity; or in the event of an exceptional emergency, such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety; and/or

(b) If the danger to human life or safety can be reduced by moving the established campsite to a safer location, such as an adjacent landscape strip, the campsite should be moved rather than removed.

(3) Once the 48-hour notice has been posted, the city may act on the notice and remove the campsite beginning 48 hours after posting and for up to ten days following the posting.

(4) After a camp has been removed subject to a 48-hour notice or under circumstances when no advance notice is required, the camp and all associated camp facilities must be moved at least one block or 600 feet, whichever is greater, and the city may order that no camp be set up in that same location or a 100-foot radius for up to 30 days. The city will post signs informing the public that camping is prohibited at the location.

(5) When removing individuals and property from an established campsite, personnel will make reasonable efforts to remove individuals without the use of force, arrest, or citation. No person may be arrested or cited for failing to move under this subchapter prior to being asked by city personnel to move.

(6) (a) When removing personal property, the city will make reasonable efforts to determine if the property belongs to an individual and has any apparent utility. The city will make reasonable efforts to identify which established campsite property was removed from to aid in connecting people with their property.

(b) Items that are perishable or that have no apparent use, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and need not be stored.

(7) Weapons, drug paraphernalia, or other contraband, and items that appear to be either stolen or evidence of a crime shall be given to law enforcement officials. Items that appear to have a value of $1,000 or more shall be stored for storage and safekeeping and shall be made available as described in division (E) below.

(8) Following removal of personal property from city property or right-of-way, the city must post a notice at or as near as possible to the location the property was collected and on the city’s website, stating where the personal

property is being stored, and listing the phone number and hours a person claiming ownership can collect or make arrangements to collect their personal property.

(E) Personal property or camp materials may be removed from city rights-of-way, city property, or a camp or campsite if in violation of the provisions of this subchapter.

(F) Personal property removed from city rights-of-way or city property and unclaimed at the time of removal will be stored by the city for a minimum of 90 days, or the duration required by law at the time of the removal.

(1) Items that are perishable, that have no apparent use, are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the city rights-of-way or on public property may be immediately discarded.

(2) The city will store personal property at or near one of the city business locations, where people can reasonably retrieve belongings.

(3) The city will make reasonable efforts to provide a range of times the storage location will be available for people to collect their personal property. The city may dispose of any personal property that remains unclaimed after 90 days, or such duration as required or allowed by law.

(Ord. 23-01, passed 3-27-2023; Ord. 25-07, passed 10-27-2025)

SKATE PARKS

(A) All users of the skate park facility are required to wear appropriate safety gear, including helmets, elbow pads, and knee pads at all times while skating, skateboarding, or riding a non-motorized scooter at the skate park facility.

(B) The skate park facility is for use during daylight hours only.

(C) The skate park facility is for use by persons riding skateboards, in-line skates, and scooters. All other uses are prohibited.

• (D) Smoking is not permitted at the skate park facility.

• (E) All persons using the skate park facility shall do so at their own risk.

(Prior Code, § 6400) (Ord. 15-02, passed 6-15-2015)

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

DAYLIGHT HOURS. The time between 8:00 a.m. and sunset.

IN-LINE SKATES. Footwear containing four or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle. SCOOTER. A self-propelled device that has two wheels, one in front and one in back, with a low footboard between them, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard.

SKATEBOARD. A board-like object which has two axles attached to the bottom of the board-like object with two wheels attached to each axle, and the user rides or stands upon the board like an object. (Prior Code, § 6400) (Ord. 15-02, passed 6-15-2015)

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

• (B) A violation of any portion of §§ 93.65 and 93.66 is an infraction and the fine for such violation shall be as follows.

• (1) For a first offense, the fine shall be $20.

• (2) For a second offense within any 12-month period, the fine shall be $50.

(3) For a third or subsequent offense within any 12-month period, the fine shall be $100.

(Prior Code, § 6400)

• (Ord. 15-02, passed 6-15-2015)