Jurupa Valley Municipal Code Ch. 11.75 Prohibition Against Certain Conduct on Public Property

The City Council of the City of Jurupa Valley does hereby find, determine and declare that:

(1) The public areas within the city, including streets, sidewalks, parks, public buildings and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well-defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended.

(2) Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The city's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping, or overnight occupancy in public and private areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public.

(3) A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city, in a clean, sanitary and accessible condition. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(4) The courts and the state legislature have expressly recognized the power of a city to regulate conduct on streets, sidewalks, or other public places, and has specifically authorized local ordinances governing the use public property. On June 28, 2024, the United States Supreme Court in City of Grants Pass v. Johnson ruled that ordinances prohibiting camping on public property do not violate the US Constitution's Eighth Amendment's prohibition on cruel and unusual punishments, even when applied to homeless individuals who lack access to alternative shelter within the city. The Court held that states, cities and local governments are free to deal with the complex issues of homeless issues in a variety of ways. This case overruled the 2019 Ninth Circuit appellate case of Martin v. City of Boise, which held that states, cities, and local governments could not prohibit camping on public property unless there was access to alternative shelter for homeless persons or the encampment was unsafe or unhealthy.

(Ord. No. 2020-07, § 1, 5-21-2020; Ord. No. 2024-19, § 1, 9-5-2024)

The following definitions apply to this chapter.

Business establishments mean retail stores; food markets, theaters, restaurants, drive-in restaurants, gasoline service stations, bars, hotels, motels, or any other establishment, which is open to and provides the public with any goods or services.

Camp means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

Camp facilities mean all temporary shelters, including, but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters.

Camp paraphernalia means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment.

Establish means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.

Maintain means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

Occupy means to be present at a camp or camp facility.

Operate means to participate or assist in establishing or maintaining a camp or camp facility.

Personal property means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, bicycles, shopping carts, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.

Public facility or public facilities means all city owned buildings and real property including public parking lots, public parking structures and public bathrooms.

Public property means any real or personal property owned or controlled by the city, improved or unimproved, and includes, but is not limited to, any publicly-owned park, building, facility, street, sidewalk, way, path, alley, right-of-way, parking lot or other public property owned or controlled by the city and located within the City of Jurupa Valley and such other publicly owned property, improved or unimproved, for which the city is authorized by contract or permit to maintain.

Public rights-of-way or public right-of-way means any place of any nature which is dedicated for use by the public for pedestrian and vehicular travel and includes a street, alley, sidewalk, curb, crossing, intersection, parkway, highway, boulevard, road, roadway, tunnel, bridge, thoroughfare or any other area designated as public right-of-way by the city council.

Street means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co-routes and cul-de-sacs and city rights-of-way adjacent thereto.

(Ord. No. 2020-07, § 1, 5-21-2020; Ord. No. 2024-19, § 2, 9-5-2024; Ord. No. 2025-19, § 1, 9-4-2025)

A. It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy a camp, camping facilities, or use camp paraphernalia on any public property or any private property, improved or unimproved.

B. The prohibition set forth in this section does not apply to:

(1) Mobile home parks and special occupancy parks operating in accordance with this Code;

(2) Camping on public or private property pursuant to a temporary use permit issued under Chapter 2.250 of this Code;

(3) Federal, state or local agency events conducted at, in, or upon public facilities, indoors or outdoors; and

(4) Emergency public health and safety activities.

(Ord. No. 2024-19, § 3, 9-5-2024)

A. No person or persons shall stand, sit, linger, idle, or lie on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, including obstructing the public right-of-way in a manner that restricts passage as required by the Americans with Disabilities Act, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. In addition, the following specific conduct is prohibited by subsection A. No person shall:

(1) Fix in place, store, maintain or leave personal property unattended in or on public property:

(2) Sleep, lie down, or sit on any movable chair, bucket, crate, cooler, or similar personal property, in or on public property;

(3) Shall sleep or lie down in or on a public facility;

(4) Sit, lie or sleep, or store, maintain, or place personal property on a median, public parkway, or landscaped area, except sitting in a landscaped area specifically designed for sitting or lying;

(5) Sleep or lie down on or under a public transiUbus bench, or a bench, table, playground equipment or other fixed structure in a public facility;

(6) Obstruct public or private access by sitting, lying or sleeping in a public right-of-way, or by storing, using, maintaining or placing personal property in a public right-of-way;

(7) Sit, lie or sleep, or store, maintain, or place personal property in a manner that obstructs or impedes passage in violation of the Americans with Disabilities Act;

(8) Sit, lie or sleep, or store, maintain, or place personal property on or within ten (10) feet of an operational or utilizable driveway, ramp or loading dock;

(9) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of an operational or utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;

(10) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of a fire hydrant, fire plug or other connection used by the Fire Department;

(11) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of an automatic teller machine or any door that provides access to an automatic teller machine;

(12) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of an electric vehicle charging station, parking pay station, or parking meter;

(13) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of the entrance to a public facility;

(14) Sit, lie or sleep, or store, maintain, or place personal property within ten (10) feet of a sidewalk ramp, or a corner where a street, roadway, highway or alley intersect; or

(15) Sit, lie or sleep, or store, maintain, or place personal property within five hundred (500) feet of any public or private school or day care center.

C. The following shall not constitute an obstruction for purposes of this chapter:

(1) A person to sit for purposes of viewing a legally conducted parade, ceremony, sports event or public event or similar lawful or permitted event.

(2) Legally parked vehicles.

(3) Trash and refuse placed for collection by the city refuse collection service.

(4) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct.

(5) Any legally permitted material located in accordance with any city permit or authorization.

(6) Any legally located public transit or bus passenger bench or shelter.

(7) No person in violation of this section shall refuse or fail to disperse or move on when directed to do so by a police officer or city employee.

(Ord. No. 2020-07, § 1, 5-21-2020; Ord. No. 2025-19, § 2, 9-4-2025)

A. No person shall urinate or defecate on any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency, or on private property in any area exposed to the public view, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation.

B. Violations of this section shall be subject to the applicable punishments pursuant to Chapter 1.20 of Title 1 of the Jurupa Valley Municipal Code, Administrative Penalties and shall not be subject to prosecution as misdemeanors or infractions.

(Ord. No. 2020-07, § 1, 5-21-2020)

A. It is unlawful for any person to use a vehicle for human habitation on any street or public property, unless such use [is] authorized [by] the Jurupa Valley Municipal Code, including Section 12.25.140, Unlawful Parking of Recreational Vehicles, [and] as follows:

(1) Between the hours of nine (9:00) p.m. and six (6:00) a.m. in residential and commercial zones; and

(2) Between the hours of nine (9:00) p.m. and six (6:00) a.m. within five hundred (500) feet of a residence, meaning a building used for living, including a house, condominium, apartment unit, or other similar dwelling unit affixed to real property, located in any zone; and

(3) At any time, within five hundred (500) feet of a park or a public or private licensed school for pre-kindergarten through 12th grade, pre-school, youth center, or daycare facility. 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.

B. For purposes of this section, evidence of human habitation may include observations, considering all the circumstances, that a person is using a vehicle for: sleeping; bathing; preparing or cooking meals; 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 vehicle's windows; there is litter, rubbish, or waste in or around the vehicle; there is furniture set up in or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment; or there is evidence of human urination or defecation around the vehicle.

C. A person who is not in compliance with this Section shall have the opportunity to move the vehicle in violation of this section to a location outside of the areas described in subsection A. within a reasonable time not exceeding thirty (30) minutes from the time when directed to do so by a police officer or city employee.

(Ord. No. 2020-07, § 1, 5-21-2020)

This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes, and shall be construed and applied in accordance with such laws.

(Ord. No. 2020-07, § 1, 5-21-2020)

A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.15 of Title 1 of the Code. The violation may be charged as an infraction with the consent of the City Attorney.

B. Administrative citations. Any person who violates any provision of this chapter shall be guilty of violating the Jurupa Valley Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.20 of Title 1 of the Code.

C. Other remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 of the Code.

(Ord. No. 2020-07, § 1, 5-21-2020; Ord. No. 2024-19, § 4, 9-5-2024)