Indian Wells Municipal Code Ch. 9.56 Unlawful Camping

The City Council finds that this Chapter is reasonably necessary to preserve and protect the public peace, health and safety, and the general welfare of the City, its residents and businesses. This Chapter establishes reasonable regulations related to the usage of space within the City and unlawful camping while preserving the rights of individuals to use public property to exercise their first amendment and other constitutional rights.

The purpose of this Chapter is to maintain public and private streets and developed and undeveloped areas within the City in a clean, safe and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy such as crime, visual blight, poor sanitation, disease and discouragement of desirable economic activity and economic development while accommodating circumstances of necessity.

(Ord. 663 § 1, 2012)

Unless the particular provisions or context requires otherwise, the definitions contained in this Section shall govern the construction, meaning and application of words and phrases in this Chapter.

"Camp"

means to pitch, sleep in, cook in or occupy camp facilities or to use camp paraphernalia for the purpose of temporary or permanent human habitation or domicile. "Camp" shall not mean the use of any facilities or equipment which are used solely in connection with a special event conducted in accordance with a permit issued by the City under other provisions of this Code.

"Camp facilities"

include, but are not limited to, tents, huts, or temporary shelters, trailers, and any other vehicle.

"Camp paraphernalia"

includes, but is not limited to, collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks or barbeques, open fires, portable stoves or other cooking equipment not provided or approved by the City.

"Planning director"

shall mean the Planning Director for the City or designee.

"Public property"

means any publicly owned property in the City, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained or operated parks; publicly owned, maintained or operated landscaped areas or greenbelts; publicly owned, maintained or operated open spaces, including, but not limited to, those adjacent to City Hall or other public facilities or buildings of any kind; publicly owned, maintained or operated golf courses and related facilities; public sidewalks, curbs and gutters; public educational institutions; or other government owned, maintained or operated properties located within the City.

"Store"

means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

(Ord. 663 § 1, 2012)

(a) It is unlawful for any person to camp or occupy camp facilities or use camp paraphernalia in any of the following areas within the City, except as otherwise provided herein or mandated by applicable law:

(1) Any public property or private street or right-of-way, including sidewalks, bus stops and public landscaping;

(2) Any parking lot, yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved.

(3) In, on, under, or adjacent to any structure not intended for human occupancy, whether with or without bedding or camp paraphernalia, including, but not limited to, a tent, hammock or other similar protection or equipment; and

(4) In, on, under, or adjacent to a parked vehicle on any public or private property, including, but not limited to, an automobile, bus, truck, camper, trailer or recreational vehicle. Also see Section 11.36.130 of this Code for further prohibitions on camping in vehicles.

(b) It is unlawful for any person to urinate or evacuate their bowels on public or private property in an area exposed to public view or on any public street, sidewalk, alley, park or any other public place except in a public restroom.

(c) It is unlawful for any person to make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the City Fire Marshal and Building Official.

(d) It is unlawful for any person on public property, or private property accessible to the public, to remain, stay or loiter between the hours of 9:00 p.m. and 6:00 a.m. of the following day without the express permission of the City.

(Ord. 663 § 1, 2012)

It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise designated by the City:

(a) On any public property within the City;

(b) On any parking lot, yard, building setback, vacant land, open space or any other area open or accessible to the public, improved or unimproved, whether on public property or private property.

(Ord. 663 § 1, 2012)

(a) This Chapter shall not apply to camping, occupying camp facilities or using camp paraphernalia, or to any person storing personal property, including camp paraphernalia within the City:

(1) Where the area has been designated by the City for such purposes and the activity has been permitted as a temporary use or special event pursuant to Indian Wells Municipal Code Section 21.06.060; or

(2) Where a gathering, meeting or event is sponsored or conducted by the City.

(Ord. 663 § 1, 2012)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Chapter. In addition to other remedies provided by law, any person violating any provision of the Chapter is deemed guilty of an infraction in accordance with Chapter 1.16 of this Code.

(b) Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this Chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable a provided in this Chapter.

(c) The provisions of this Chapter shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law.

(d) Any citation issued for a violation of this Chapter may be dismissed upon review by the City manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.

(Ord. 663 § 1, 2012)