Irvine Municipal Code Ch. 1 In General

The Council finds that the City is committed to protecting the life, health, and safety of all people in the City and finds that certain public areas within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, recreational areas and other publicly owned or controlled property within the City (collectively "public property") should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of public property for camping purposes and/or for the storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found in encampments on public property. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property. This chapter shall be interpreted in a manner that is consistent with applicable state and federal law.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

"Abatement" means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the processes described in Chapter 2.

"Camp" means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, 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 camp 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 at any time to live, dwell, or reside, which is exemplified by: the person sleeping, or preparing to sleep outdoors; the person having with them 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 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 those 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 two hours or more; the person sleeping inside 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 is preparing or cooking meals inside or on the vehicle; the person is bathing or grooming inside the vehicle; the storage of items inside or on a vehicle are not associated with ordinary use of the vehicle such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment or furniture; the use of buckets, bottles or similar containers to hold bodily fluids; and/or having furniture set up or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment.

"Camp paraphernalia" means items that facilitate living outside including items that are used for: sleeping, such as 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.

"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.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

"Open space" means any undeveloped public property either primarily in its natural state, including canyons, coastal bluffs, and unimproved waterways, or that is held out by the City or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

"Personal property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. Personal property does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this Code, a license, or permit issued by the City.

"Prohibited public place" means any public property that is not designated for camping by resolution of the City Council or other governmental entity having jurisdiction over the property.

"Public property" means a public park, park facility, public parking lots, public passageways, public rights-of-way, publicly owned landscaped areas, public parkways, public medians, public greenbelts, or other government-owned properties located within the City of Irvine.

"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 alleyway, or a utility easement in which the City has interest.

"Store", "stored", "storing" or "storage" means to put personal property aside, to accumulate for use when needed, or to put for safekeeping. Moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of Section 4-12-301 within a 30-day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.

"Tent" means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter.

"Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Personal property left outside of a building or shelter at a public park shall not be considered "unattended" unless there is no person present who asserts or claims ownership over the personal property for one (1) hour or more.

"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.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia or to maintain an encampment in a prohibited public place, or on any private property in the City without the landowner's express consent.

B. It shall also be unlawful and a public nuisance for any landowner or occupant of private property to willfully allow, authorize, or permit another person to occupy camp facilities, use camp paraphernalia or to maintain an encampment on such private property in the City, whether paved or unpaved, except as expressly permitted by this chapter, or as mandated by applicable law.

C. No person shall use a vehicle to camp in a prohibited public place, or on any private property in the City without the landowner's express consent.

D. 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, or the provisions of this Code.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)

(A) On public property specifically set aside and clearly marked for public camping purposes, as designated by the City Council. The City Council may, by resolution or ordinance, establish specified public areas for such purposes.

(B) In the rear or side yard of a residential structure with the consent of the owner or occupant, as long as the camping facility is separated from the street by a fence, hedge or other permanent obstruction, and is not visible from the public right-of-way. This subsection is not intended to allow the owner to give permission for someone to utilize the camping facility for living purposes, specifically for a period longer than 48 hours in any given 30-day period.

(C) In conjunction with events authorized and expressly provided for in a special event or temporary use permit issued by the City.

(Ord. No. 24-21, § 2(Exh. A), 11-26-24)