Jurupa Valley Municipal Code Ch. 11.80 Storage of Personal Property on Public Property

A. 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 of municipal parks and public property. Recent court decisions have prohibited state and local governments from imposing criminal penalties on homeless persons camping on public property, but the courts have explicitly upheld the authority of state and local governments to enact and enforce ordinances that maintain and protect public safety and public health.

B. In accordance with these court decisions, this chapter prohibits certain conduct on public property which will adversely affect the public health and public safety on public property, including a prohibition on the storage and accumulation of trash, debris, and hazardous materials on public property. This conduct has resulted in significant adverse health and safety issues for the people in Jurupa Valley.

C. The public areas within the city, including streets, sidewalks, parks, public building 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 storage and accumulation of trash, debris and personal property interferes with the ability of residents and the public at large to use these areas in the healthy and safe manner for the intended uses. Such storage of trash, debris and personal property 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 use by the general public, not for storage of personal, stolen, or abandoned property. Detrimental impacts from illegal storage, or dumping in these public areas which are not designed for such storage include lack of proper water and sanitary facilities to maintain storage areas, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, harborage of disease-carrying rodents and vectors, criminal activities including illegal drug use, deposit and dumping of biological materials, hazardous substances, or hazardous waste, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts or wheeled carts around the city results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. 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 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 property.

(Ord. No. 2020-07, § 2, 5-21-2020)

The following definitions apply to this chapter.

Administrative procedure means the city's administrative procedure for the removal of personal property approved by the City Manager as established pursuant to Section 11.80.120 herein.

Notice to remove personal property means the form of notice provided in the administrative procedure.

Person means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two (2) or more individuals.

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

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

Tent means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.

(Ord. No. 2020-07, § 2, 5-21-2020)

Except as may otherwise be expressly permitted by the Jurupa Valley Municipal Code, no person shall store any personal property on public property.

(Ord. No. 2020-07, § 2, 5-21-2020)

Except as may otherwise be expressly permitted by the Jurupa Valley Municipal Code, no person shall erect any barrier against or join any wires, ropes, chains or otherwise attach any personal property to any public property including any trees or plants including, but not limited to, a building or a portion thereof, playground equipment, fencing, bike rack, table, bench, tree, bush, shrub or plant, without the city's prior written consent.

(Ord. No. 2020-07, § 2, 5-21-2020)

In the event personal property placed on public property poses an immediate threat to the health or safety of the public, including, without limitation, a threat arising from the personal property containing biological materials, hazardous substances, or hazardous waste, the city may remove and discard it without prior notice.

(Ord. No. 2020-07, § 2, 5-21-2020)

In the event city employees or agents determine that property is being stored on public property, notice of the city's removal of personal property shall be provided as set forth in the administrative procedure.

(Ord. No. 2020-07, § 2, 5-21-2020)

No person shall fail to remove personal property stored on public property by the date of scheduled removal provided on the written notice posted in accordance with the administrative procedure.

(Ord. No. 2020-07, § 2, 5-21-2020)

Personal property which is not removed by the date of scheduled removal set forth on the notice posted pursuant to this chapter and the administrative procedure may be removed and stored or disposed of in accordance with the administrative procedure.

(Ord. No. 2020-07, § 2, 5-21-2020)

As set forth in the administrative procedure, the owner or other person entitled to possession of personal property removed and stored by the city may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the administrative procedure is deemed abandoned.

(Ord. No. 2020-07, § 2, 5-21-2020)

Nothing in this chapter precludes the enforcement of any law, ordinance or regulation of any governmental entity relating to illegal dumping or deposit of hazardous substances.

(Ord. No. 2020-07, § 2, 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.

(Ord. No. 2020-07, § 2, 5-21-2020)

The City Manager is hereby authorized and directed to establish the administrative procedure for the removal of personal property ("administrative procedure"). The administrative procedure shall provide the procedures necessary to implement the requirements of this chapter. The City Manager shall post the administrative procedure on the city's website. The City Manager is authorized to delegate to other city officials the duty and authority to implement the administrative procedure.

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

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. 2024-19, § 6, 9-5-2024)