Hermosa Beach Municipal Code Ch. 12.40 Camping in Public Places and Interfering with Public Access

Contents:

12.40.010 Camping in Public Prohibited—Purpose

12.40.020 Definitions

12.40.030 Camping in Prohibited Places or Interfering with Public Access

12.40.040 Violation

(Ord. # 25-1486 §13, adopted 03/25/2025, effective 04/24/2025)

The public roads, parks, recreation areas, the Strand, beaches and all other open spaces and public property within the City should be readily accessible to residents and the public at large. The use of these areas for camping purposes interferes with the rights of others to use these areas for the purposes for which they were intended and can create public health and safety risks for the residents and detrimental impacts to the environment. The purpose of Sections 12.40.010 through 12.40.040 is to maintain public property in a safe, clean, and accessible condition for the benefit of the public at large.

(Ord. # 25-1486 §13, adopted 03/25/2025, effective 04/24/2025)

Effective on: 4/24/2025

(Ord. # 25-1486 §13, adopted 03/25/2025, effective 04/24/2025)

For purposes of this chapter, the following words and phrases shall have the meaning set forth in this section:

Camp means to use property for living accommodation purposes or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if the person admits they are camping; the person is using a camp facility or camping paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property to live, dwell or reside, which is exemplified by the person sleeping or preparing to sleep outdoors; the person having with them damaged recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them human waste, animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themselves outside of facilities designated for these purposes. A person shall be considered to be using a vehicle for human habitation if: the person admits they are using the vehicle to camp; or, based on the totality of the circumstances, it is established that a person is using the vehicle to live, dwell or reside, which is exemplified by the person continuously remaining inside the vehicle at the same location for three hours or more; the person sleeping in the vehicle; the inability of a person outside the vehicle to view through two or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person preparing or cooking meals inside or on the vehicle; the person bathing or grooming inside the vehicle; the storage of items inside or on a vehicle that are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensil, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodily fluids; and/or having furniture set up in or around the vehicle, such as chairs, tables, umbrellas or portable cooking equipment. This list of circumstances is not exhaustive and the totality of the circumstances shall govern.

Effective on: 4/24/2025

Camp facility or camp facilities means any or a combination of the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock.

Effective on: 4/24/2025

Camping paraphernalia means items that facilitate living outside including items that are used for: sleeping, such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights.

Effective on: 4/24/2025

Prohibited public place means any public property that is not designated for camping by formal action of the City Council, the written consent of the City Manager, the provisions of this Code, or a validly issued City permit authorizing such activity or other governmental entity having jurisdiction over the property.

Effective on: 4/24/2025

Public property means all property owned or controlled by the State, the County, the City, or other public entity including, but not limited to, any publicly owned or controlled building, structure, restroom, the Strand, beach, parking garage, parking lot, passageway, pier, public rights-of-way, driveway, landscaped area, parkway, median, the Greenbelt, open space, public park, or park facility.

Effective on: 4/24/2025

Public rights-of-way or public right-of-way means the area or areas on, below, or above a public roadway, public, highway, public street, public sidewalk, public path, public trail, public square or plaza, public bike lane or path, public boardwalk, public alleyway, or a utility easement in which the City has interest.

Effective on: 4/24/2025

Store means to put aside or to keep, to accumulate for use when needed, or to put for safekeeping.

Effective on: 4/24/2025

Vehicle means a “motor vehicle” as defined by Cal. Veh. Code Section 415, a “recreational vehicle” as defined by Cal. Health & Saf. Code Section 18010(a), a “camper trailer” as defined in Cal. Veh. Code Section 242, a “house car” as defined in Cal. Veh. Code Section 362 or a “trailer coach” as defined in Cal. Veh. Code Section 635.

Effective on: 4/24/2025

1. No person shall camp in a prohibited public place.

2. No person shall start, build, or use a fire in a prohibited public place for any purpose including, but not limited to, warming or cooking, unless authorized or permitted to do so by formal action of the City Council, the written consent of the City Manager, the provisions of this Code, or a validly issued City permit authorizing such activity.

3. No person shall camp, sleep, lie, or place personal property where such activity:

4. Obstructs or impedes passage, as required by the Americans with Disabilities Act; or

5. Is within twenty feet of an entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited; or

6. In a manner that unreasonably interferes with the use of the public right of way by motor vehicles, pedestrians or bicycles.

(Ord. # 25-1486 §13, adopted 03/25/2025, effective 04/24/2025)

Effective on: 4/24/2025

1. Notwithstanding any other provisions of this Code, any person violating any provision of this Chapter shall be:

2. Guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the city or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this Chapter is committed, continued, or permitted; or

3. Subject to a civil administrative penalty pursuant to Chapter 1.10. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this Chapter is committed, continued, or permitted. Any administrative citation issued pursuant to the section may be dismissed by the City Manager upon the completion of a City Manager approved diversion program or acceptance of services sufficient to the City Manager to reduce the chance of repeat violations of this section. Any dismissal under this subsection shall be in the sole discretion of the City Manager.

4. In the event three (3) civil administrative citations are issued pursuant to this Chapter in any seven (7) day period, no subsequent administrative citation shall be issued within seven (7) days from the date of the first administrative citation and any fourth or subsequent violation during this time shall be subject to subsection of A(1) of this section.

(Ord. # 25-1486 §13, adopted 03/25/2025, effective 04/24/2025)

Effective on: 4/24/2025