Gustine Municipal Code Art. 4 Camping and Storage of Personal Property

Footnotes:

--- (3) ---

Editor's note— Ord. No. 524, § 2(Exh. A), adopted November 5, 2024, amended the Code by the addition of §§ 3-2-68—3-2-74; however, said provisions have been redesignated as §§ 3-2-80—3-2-88, at the editor's discretion, for purposes of allowing future expansion of the Code.

The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety and welfare of the city. The purpose of this article is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition, and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public or private property.

This article is adopted consistent with the city's police power provided by Article XI, Section 7 of the State of California Constitution and is necessary to preserve the public peace, safety and general welfare of the citizens.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

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

Camp or camping shall mean to pitch or occupy camp facilities, or to use camp paraphernalia to live temporarily in a camp facility or outdoors.

Camp facilities shall mean tents, huts or temporary shelters, and the like.

Camp paraphernalia shall mean tarpaulins, cots, beds, sleeping bags, hammocks, fire stoves and similar equipment.

Establish shall mean setting up or moving equipment, supplies or materials onto public or private property to "camp" or operate camp facilities.

Maintain shall mean keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

Operate shall mean participating or assisting in establishing or maintaining a camp or camp facility.

Park shall mean any public space designated as a park by the City of Gustine.

Personal effects shall mean important documents such as birth certificate or driver's license, medication, eye glasses or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements, and personal property which would have obvious sentimental or monetary value to a reasonable person.

Personal property shall mean property that is movable, as opposed to real property or real estate.

Private property shall mean all real property owned by individuals or nongovernmental entities.

Public property shall mean all real property owned by the city or other governmental agency.

Store shall mean to keep, put aside or accumulate for future use when needed.

Street shall mean all alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:

(1) Any public property; or

(2) Any private property.

a. It is not intended 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 three consecutive nights in any calendar month, unless a permit is obtained pursuant to section 3-2-86 of this article for a period of more than three consecutive nights.

b. Nothing in this article is intended to prohibit or make unlawful, 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 provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by this code or other laws, ordinances and regulations.

c. The city manager, or his or her designee, may, as provided in section 3-2-86 of this article, issue a temporary permit to allow camping on public or private property in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

(1) Any public property; or

(2) Any private property without the written consent of the owner.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

Any city law enforcement officer or code enforcement officer may remove personal property unlawfully stored as follows:

(1) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in a city park, street, public parking lot, or public area, improved or unimproved and on private property without the written consent of the owner of that property. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION. Remaining on the property after the date specified in this notice may cause further law enforcement action. Shelter is available at the following locations:

(list shelters in local area)

(2) The city law enforcement officer or code enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired, but shall leave a written notice at the location of confiscation confirming that a seizure has occurred pursuant to this article, and providing instructions on how to claim the property.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

(a) (1) Following removal of unlawfully stored or remaining personal effects pursuant to section 3-2-84 of this article, a city law enforcement officer or code enforcement officer shall:

a. Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;

b. Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and

c. Store removed personal effects in an area designated by the enforcement officer for a period of 90 days in accordance with California Civil Code §§ 2080 et seq. (as amended), and shall, to the extent reasonably practical, and without any duty to investigate the recommended storage parameters, properly store perishable items such as medication.

(2) Any personal property or personal effects which a city law enforcement officer or code enforcement officer deems to be biohazardous or contaminated with a hazardous material including, but not limited to, items with feces, urine, fungus or vermin infestation, will be photographed but shall not be stored pursuant to this section and shall be properly disposed of.

(b) If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, a city law enforcement officer or code enforcement officer shall release the stored property to the owner upon his or her identification of the property, and the approximate location where the property was left by the owner.

(c) Unlawfully stored or found personal effects pursuant to this article remaining unclaimed at the end of 90 days from removal shall be disposed of pursuant to California Civil Code §§ 2080 et seq. (as amended), and may be sold at a public auction, dedicated for public use, or given for charitable use to a local nonprofit agency by the city.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

The city manager may, in his or her discretion, issue a permit to establish, maintain, and operate a camp or a camp facility in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights. A special event is intended to include, but not be limited to, programs operated by youth or school events, marathons or other sporting events and scouting activities. The city manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns, and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the city council, shall be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

It is unlawful for any person to establish, maintain, conduct, or carry on any camp or camp facility unless there shall be at all times, posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located, a permit obtained from the city manager in accordance with the provisions of section 3-2-86 of this article.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)

A violation of this section may be prosecuted criminally as an infraction in accordance with section 1-1-7 of this code and/or administratively as provided in title 2, chapter 7.

(Ord. No. 524, § 2(Exh. A), 11-5-2024)