Kern County Municipal Code Ch. 8.30 Camping and Placing Personal Effects in Public Areas

Footnotes:

--- (4) ---

Editor's note— Ord. No. G-9368, § 2, adopted Jan. 6, 2026, amended Ch. 8.30 in its entirety to read as herein set out. Former Ch. 8.30, §§ 8.30.010—8.30.100, pertained to similar subject matter, and derived from Ord. No. G-9055, § 2, adopted Nov. 9, 2021; and Ord. No. G-9250, § 2, adopted Jan. 9, 2024.

The purpose of this chapter is to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of public areas, open spaces, and facilities within the county limits for their intended purposes. Public areas within the county should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for their intended purposes and is deleterious to the public peace, health, safety, and welfare. The use of these areas for camping obstructs the intended uses for the public at large, contributes to blight, and can cause damage to public property. This chapter is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the county.

(Ord. No. G-9368, § 2, 1-6-26)

For the purposes of this chapter the following words and phrases are defined as follows:

A. Notwithstanding Section 13.20.010, "camping" or "to camp" for purposes of this chapter is defined as follows:

1. To pitch or occupy camp facilities or use camp paraphernalia for the purpose of using the public area as a living accommodation, regardless of the intent of the person or the nature of any other activities in which the person may be engaging.

a. This section does not apply to the designated safe camping facilities at the M Street Navigation Center.

2. The act of sleeping, on its own, does not constitute camping under this subdivision (A) unless accompanied by camp facilities or paraphernalia indicative of using the area as a living accommodation.

B. "Camping facilities" includes, but is not limited to tents, vehicles (including recreational vehicles), unpermitted shacks, huts, temporary shelters, structures, or other similar facilities.

C. "Camp paraphernalia" includes, but is not limited to, tents, tent-like structures, tarpaulins, cots, beds, mattresses, bed rolls, hammocks, cookware, cooking equipment, kitchen utensils, or similar equipment. This definition does not include blankets or sleeping bags.

D. "Encampment" means a grouping of camp facilities and/or paraphernalia used by one (1) or more individuals for shelter or habitation.

E. "Obstruct pedestrian or vehicular traffic" means to impede or block the passage of another person or vehicle or require another person or driver of a vehicle to take immediate action to avoid physical contact with the obstruction.

F. "Public area" means public property, whether improved or unimproved, and includes, but is not limited to, publicly owned parking lots, driveways, open space, plazas, highways, streets, bridges, underpasses, riverbeds, alleys, rights-of-way, county parks other than public campgrounds as specified in Chapter 13.20, trails, sidewalks, walkways, bike lanes, bike paths, fire hydrants, fire plugs, or other fire connections.

G. "Open space" means any parcel or area of land or water, which is essentially unimproved and is devoted to one (1) or more of the following uses: preservation of natural resources, outdoor recreation, or public health and safety as designated in Section 19.04.537.

H. "Personal effects" includes, but is not limited to, the following:

1. Personal identification or similar documents, medication, medical devices, eyeglasses, or other prescription lenses.

2. Sleeping bags, blankets, or bed rolls in sanitary and non-verminous condition.

3. Tents in usable and reasonably good condition.

4. Clothing which is protected from the elements and not unsanitary, soiled, or verminous.

5. Non-perishable food items.

6. Personal effects must be sanitary and free of vermin. Soiled materials, as defined in subsection I, are excluded.

I. "Place" includes storing, using, or maintaining personal effects.

J. "Soiled materials" refers to items including trash, junk, and debris which are unsanitary; may produce an odor; attract or harbor insects or rodents or provide a breeding place for them; may lead to an infectious disease; or are otherwise hazardous to the health, safety, and welfare of the general public.

K. "Enforcement officer" includes the Kern County sheriff, ranger, and code enforcement officers.

L. "Special enforcement zone" means an area of enforcement designated by the Kern County Board of Supervisors via resolution.

(Ord. No. G-9368, § 2, 1-6-26)

Unless authorized by permit or other applicable law, it is unlawful:

A. To construct, place, or maintain on public property any semi-permanent structure, including but not limited to hand-built sheds and structures with metal or other heavy roofing and siding materials, for the purpose of sheltering one (1) or more persons.

B. To camp on public property, including but not limited to using, placing or maintaining a tent, sleeping bag, blanket, or other materials for the purpose of sleeping, lying, or sheltering one (1) or more persons for more than three (3) consecutive days or nights in the same location. For purposes this section, the same location shall mean within two hundred (200) feet of the location in which the person camped on the pervious day or night.

C. To camp within two hundred (200) feet of any posted notice to vacate or other official signage designating a location for encampment clearance or otherwise prohibiting sitting, sleeping, lying, camping, or placing personal property in that location.

D. To sit, sleep, lie, or camp on any public street, road, or bike path, or on any sidewalk in a manner that impedes passage within the meaning of the American Disabilities Act.

(Ord. No. G-9368, § 2, 1-6-26)

A. At no time shall any person place personal effects, camp, occupy camp facilities, sit or lie down with the intent to camp upon a public sidewalk or place personal effects, camp, occupy camp facilities, sit or lie down with the intent to camp in doorways or entrances to buildings abutting such sidewalks in such a way to obstruct vehicular traffic or pedestrian access as required under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time.

B. It is at all times unlawful for any person to place personal effects, camp, occupy camp facilities, sit, or lie down with the intent to camp, where such activity poses:

1. An immediate threat or an unreasonable risk of harm to any natural person;

2. An immediate threat or an unreasonable risk of harm to public health or safety; or

3. Disruption to essential government services.

C. At no time shall any person cook food in any public area, except as otherwise allowed by the Kern County Ordinance Code or by license or permit. This section shall not prohibit cooking in areas designated for such purposes by license or permit.

D. At no time shall any person place personal effects, camp, occupy camp facilities, sit, or lie down with the intent to camp within five hundred (500) feet of a fence, entrance, or exit of any public or private legally established school (grades K through twelve (12), any publicly or privately operated large family daycare center as regulated in Chapter 19.96 or daycare center as defined in Section 19.04.183, any public or non-profit operated youth center, which is a social and recreational center for children.

E. At no time shall any person place personal effects, camp or occupy camp facilities, sit, or lie down with the intent to camp within five hundred (500) feet of an entrance or exit of a public library or any senior citizen center, which is a social and recreational center for senior citizens, or facility that provides housing shelter, supportive services, or storage to homeless persons.

F. At no time shall any person camp or occupy camp facilities, sit, or lie down with the intent to camp within ten (10) feet of a public sidewalk or curb adjacent to property zoned for residential use. Notwithstanding other provisions of the law, this subdivision (F) shall not apply to a property owner or resident of the adjacent residential property or to a person with the property owner's consent to enter that property.

(Ord. No. G-9368, § 2, 1-6-26)

The Kern County Board of Supervisors may determine via resolution and based on specific documentation showing that the public health, safety, or welfare is served by designating specific areas within the county as special enforcement zones.

A. Sitting, lying, sleeping, or storing, using, maintaining, or placing personal effects, or otherwise obstructing the public right-of-way, is prohibited in special enforcement zones due to a particular and ongoing threat to public health, safety, or welfare.

1. Such circumstances may include, but are not limited to the following:

a. The death or serious bodily injury of any person at the location due to a hazardous condition;

b. Repeated serious or violent crimes including, but not limited to human trafficking at the location; or

c. The occurrence of fires that resulted in a fire department response to the location.

B. Special enforcement zones shall be noticed with posted signage in accordance with Section 8.30.080(A)(1). The designated area of enforcement shall be indicated on a map along with the date of posting.

C. For each such location, a prohibition pursuant to this section shall be effective for a period of time specified in the resolution, but not to exceed three (3) years, provided that the county administrative office shall internally review the necessity of the special enforcement zone in the designated area at least annually and report its findings to the board of supervisors.

D. The requirements of Section 8.30.050 shall be in addition to any applicable requirements of Section 8.30.040 in areas designated as special enforcement zones.

(Ord. No. G-9368, § 2, 1-6-26)

Enforcement officers shall not enforce this chapter when the person is not in a public area or area designated by this chapter. In addition, enforcement officers shall:

A. Except in exigent circumstances involving an imminent threat to life, safety, health, or infrastructure, each of the following shall be satisfied prior to the enforcement of Section 8.30.030, 8.30.040 and 8.30.050.

1. County officials, or any agent acting on their behalf, shall make every reasonable to identify and offer shelter at an emergency shelter, navigation center, or other appropriate housing, and to offer supportive services, to persons living in the encampment.

2. County officials, or any agent acting on their behalf, shall post a notice to vacate in a prominent location at the encampment site at least forty-eight (48) hours prior to the enforcement action. That notice shall include, at a minimum:

a. The anticipated date and time of the enforcement action;

b. Information on services, including shelter, that are immediately available to persons living in the encampment;

c. Information on how unattended belongings will be handled the day of the enforcement action, including what will be stored, how they can be recovered, and the date by which they must be claimed.

3. No enforcement operations shall begin earlier than the date and time on the notice to vacate. If the enforcement work does not begin within two (2) days of the date written on the notice, a new notice must be posted a minimum of forty-eight (48) hours before enforcement operations may begin.

B. Where exigent circumstances require less than forty-eight (48) hours' notice prior to enforcement of Section 8.30.030. 8.30.040, and 8.30.050:

1. County officials, or an agent acting on their behalf, shall provide as much advance notice of enforcement as reasonably possible under the circumstances; and

2. As soon as reasonably possible following enforcement action. County officials or any agent acting on their behalf shall post notice at or near the encampment site described where items taken during the enforcement action are stored, how they can be recovered, and the date by which they must be claimed.

C. Personal belongings collected at the encampment site that are not a health or safety hazard shall be collected, tagged, and stored for not less than sixty (60) days following an enforcement action.

1. "Personal belongings" include:

a. Items of apparent value of fifty dollars ($50.00) or more.

b. Items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, ID's, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.

2. Items that constitute a health and safety risk and will not be collected include, but are not limited to:

a. Toxic sharps: needles, scissors, knives.

b. Chemicals: bleach, paint, oils, etc.

c. Items (including bedding and clothing) soiled by infections materials, including human waste and bodily fluids.

d. Moldy, mildewed items.

e. Items that may be infected by rodents and insects: rats, mice, fleas, lice, bed bugs.

f. Items that pose a risk of fire or explosion, combustibles and propane tanks: any items containing fuel or corrosive or other unidentified liquids.

g. Backpacks and closed containers that have been determined by an individual licensed to identify and handle hazardous materials to contain items listed in a—f above. Such backpacks and closed containers may be discarded where no individual licensed in hazardous materials is present to make a determination.

h. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

3. Bulky items such as mattresses and sheds, perishable items such as food, controlled substance, contraband, and trash or debris will not be collected and stored. Contraband and controlled substances should be handled by trained professionals and consistent with applicable law.

D. Nothing in this section shall be construed to limit or prohibit county officials from enforcing any other county or state laws, including, but no limited to, laws governing use of controlled substance or weapons, fire code, and public nuisance laws.

(Ord. No. G-9368, § 2, 1-6-26)

It shall be unlawful for any person to store, use, maintain, or place personal effects or soiled materials, including camping facilities and camp paraphernalia as defined in Section 8.30.020, in any public area, improved or unimproved, except as provided by the Kern County Administrative Office or its designee or pursuant to a valid license or permit. Nothing herein should be construed to allow storage where otherwise prohibited by this chapter.

(Ord. No. G-9368, § 2, 1-6-26)

The road commissioner and enforcement officers, in accordance with Kern County Ordinance Code Title 12 and Streets and Highways Code section 1480.5, may remove personal effects or soiled materials unlawfully stored, used, maintained, placed, or found in public areas as defined in Section 8.30.020 or found in an unlawful encampment as follows:

A. The location of any personal effects and soiled materials including camp facilities and camp paraphernalia shall include the following statement, or a substantially similar statement as revised by the Kern County Administrative Office to provide accurate and current information:

1. It is illegal to store personal effects, camp, occupy camp facilities, sit or lie down with the intent to camp in public areas, including open spaces and parking lots. Personal effects not removed within forty-eight (48) hours of this posting, and continuing, shall be deemed intentionally abandoned, subject to removal, and possible destruction. Unclaimed items will be disposed of sixty (60) days after removal. (KC Ord. 2.80 & 8.30)

To retrieve items or obtain assistance with housing or information about available resources, call (661) 862-8891 or visit the Public Services Building storage facility located at 2903 Patton Way, Bakersfield, CA 93308, Monday—Friday.

B. County personnel may remove any personal effects unlawfully stored or remaining in a public area after the posting period has expired. County personnel shall offer the person claiming ownership of the personal effects, if any, information regarding available shelter spaces or campsites pursuant to Section 8.30.050.

C. Soiled materials, items that present an imminent threat to public health or safety, including addressing known or suspected outbreaks of diseases, shall not be subject to the above notice requirements and may be removed and immediately disposed of in a safe manner by enforcement officers. Contraband or evidence of a crime is subject to law or policy and is not subject to the storage provisions below.

D. At the time of removal of unlawfully stored or remaining personal effects, enforcement officers shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:

1. An itemized list of personal effects removed;

2. A telephone number for information on retrieving personal effects;

3. An address where the personal effects are temporarily stored and the operating hours in which the personal effects may be retrieved; and

4. The length of time during which the personal effects may be claimed.

E. Following the removal of unlawfully stored or remaining personal effects, county personnel shall do the following:

1. Maintain an itemized inventory identifying the personal effects and where the personal effects were approximately located.

2. Store the removed personal effects in a manner facilitating identification by county personnel and owner and which reasonably protect such personal effects from damage or theft; and

3. For the purposes of this section and notwithstanding Chapter 2.80, removed personal effects will be stored in an area designated by the county for a period of sixty (60) days.

F. Personal effects stored by the county which are claimed within sixty (60) days from removal shall be released to the person claiming ownership provided that person identifies the property and the approximate location where the property was left.

G. For the purposes of this chapter and notwithstanding Chapter 2.80, personal effects which remain unclaimed after sixty (60) days are deemed intentionally abandoned and may be summarily abated and destroyed.

(Ord. No. G-9368, § 2, 1-6-26)

It is an affirmative defense to any prosecution under this chapter that the person is:

A. Sitting, lying down, or sleeping because of a medical emergency.

B. Sitting upon a chair or bench located upon a public right of way which was placed there by an abutting private property owner or tenant.

C. Sitting on a sidewalk within a designated bus zone while waiting for public or private transportation.

D. Sitting or lying in a public area while participating in or attending a parade, festival, performance, rally, demonstration, meeting, or other similar event conducted pursuant to a valid permit.

(Ord. No. G-9368, § 2, 1-6-26)

The county administrative office shall issue regulations or guidelines necessary to aid in the implementation or enforcement of this chapter.

(Ord. No. G-9368, § 2, 1-6-26)

Violation of this chapter is an infraction. Any person who violates this chapter may also be subject to an administrative penalty under Chapter 8.54 of the Kern County Ordinance Code.

(Ord. No. G-9368, § 2, 1-6-26)

If any provision of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this and the provisions of this chapter are declared to be severable.

(Ord. No. G-9368, § 2, 1-6-26)