Kingsburg Municipal Code § 8.28 Unlawful Camping and Obstruction of Public Rights of Way

This chapter shall be known as the "Unlawful Camping and Obstruction of Public Rights Of Way". Areas accessible to the public under the jurisdiction of the city should be readily available and usable for the safe, healthy, and peaceable enjoyment of the public at large. The use of public areas for camping purposes, storage of personal property and related activities interferes with the rights of others to use and access these areas in a safe, healthy, and peaceable manner within the purposes for which the public areas are intended. Camping on private property without the consent of the owner, and where camping is not authorized and without proper sanitary measures adversely affects private property rights as well as the public health, safety, and welfare of the residents of the city. The purpose and intent of this chapter is to establish standards and prohibitions for behaviors related to camping on public and private property, storage of personal property, or other offenses detrimental to the preservation of public and private property and the health, safety and welfare of the public accessing public property or traversing public rights of way; and to ensure and maintain publicly accessible areas in a safe and sanitary manner, and for peaceable use and enjoyment for the public at large; and to maintain private property in a safe and sanitary condition to protect the health, safety and welfare of the community.

(Ord. No. 2024-06, § 1, 11-6-2024)

For the purposes of this chapter:

A. "Camp" means to place, pitch, establish or occupy camp facilities or materials including but not limited to the laying down of bedding or the use of other camping materials for the purpose of temporarily, irregularly, or permanently sleeping, staying, living, or residing. An activity shall constitute camping or lodging when it reasonably appears, in light of all circumstances, that the individual(s), in conducting these activities, are in fact using the area or camping facilities and materials as living accommodations regardless of the intent of the individual(s) or the nature of any other activity in which they may be engaging.

B. "Camping facilities or materials" includes but is not limited to, tents, huts, tarpaulins, cardboard boxes, blankets, bedrolls, mattresses, cots, sleeping bags, hammocks, lawn and folding chairs, cooking equipment, fires of any kind, ice chests, shopping carts, wagons and similar items, vehicles operable or inoperable, and recreational vehicles, trailers, and mobile homes when occupied and located on public property or located on private property and occupied for more than five (5) days during any one (1) month period.

C. "Enforcement officer" means any city employee including city police officers with authority to enforce any provision of this chapter or related state law including, without limitation, California Penal Code Section 372.

D. "Personal property" means personal effects and any item that can reasonably be identified as belonging to an individual and that has apparent value or utility, including, but not limited to, camping facilities or materials.

E. "Public property" means all public property including, but not limited to, public buildings, public utilities, streets, sidewalks, parking lots, trails, alleys, medians, greenways, easements, parks, waterways, canal banks, state highways, and other rights of way dedicated for public use and lawfully accepted by the city, and other public amenities.

F. "Private property" means all private property, including, but not limited to, real property, yards, private alleyways, sidewalks, trails, private roads, agricultural land, and undeveloped vacant lots.

G. "Store(ing)" means to put aside or accumulate to use when needed, to put for safekeeping, to place or leave in a location.

(Ord. No. 2024-06, § 1, 11-6-2024)

A. It is unlawful and a violation of this chapter for any person(s) to camp, occupy camping facilities, or use camping materials on public property not specifically designated for day and/or overnight campgrounds.

B. This section shall not apply to public property specifically designated for camping or where camping is an authorized use by a responsible local, state, or federal agency. Persons desiring to camp on public property owned, controlled, or maintained by a department of the United States, the California Department of Parks and Recreation, or other local public agencies must comply with the applicable laws, regulations and permitting requirements of the responsible department of the United States, the California Department of Parks and Recreation, or other local public agencies.

C. Nothing in this chapter shall prohibit only the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of this chapter.

D. If an unpermitted camp is erected on public property, notification by an enforcement officer shall be provided prior to enforcement action to remove the unpermitted camp.

E. Upon city council action, the city council may exempt a special event from the prohibitions of this chapter, if the city council finds such exemption to be in the public interest. Any conditions imposed on the special event will include a condition requiring that the applicant provide evidence of adequate insurance coverage, as determined by the city and the special event shall satisfy all Municipal Code, and all applicable state and county health and sanitation requirements. The applicant must agree, in writing, to indemnify, defend and hold the city and its officials, officers, employees and volunteers harmless against any liability, damage or expense incurred by the city as a result of activities of the applicant.

(Ord. No. 2024-06, § 1, 11-6-2024)

A. Except as provided in this section, it is unlawful and a violation of this chapter for any person(s) to camp, occupy camp facilities, or use camping materials on private property unless authorized by the necessary land use entitlements for camping and camping related recreational activities.

B. Nothing in this chapter shall prohibit camping on private property by the owner(s), the tenant(s), or lessee(s) of the residence located on the private property, or other persons with the written consent of the owner or tenant(s)/lessee(s) of the residence located on the private property; provided that such owner or tenant(s)/lessee(s) consent is verified upon demand by enforcement officers; provided the camping is only for a period of five (5) days during any one (1) month period; and provided that all provisions of the Municipal Code and all state and county health and sanitation requirements are complied with.

C. This section shall not apply to private property for camping and camping related activities provided, sponsored, and/or facilitated by youth organizations, religious organizations, private associations and public or private organizations providing emergency services so long as such uses are approved pursuant to the Municipal Code and all state and county health, and sanitation requirements are complied with.

D. If an unpermitted camp is erected on private property, twenty-four (24) hour notification by enforcement officers shall be provided prior to enforcement action to remove the unpermitted camp on private property.

(Ord. No. 2024-06, § 1, 11-6-2024)

A. No individual shall obstruct a street, sidewalk, alleyway, trail, state highway, entrance to public facilities or buildings, or other public right of way or railroad property (including as defined by the Americans with Disabilities Act of 1990, or as amended) by sitting, lying or sleeping, or using or storing personal property in, or upon any street, sidewalk, alleyway, trail, state highway, entrance to public facilities or buildings or other public right of way or railroad property.

B. Immediate removal: Any violation of this section shall be subject to immediate removal by an enforcement officer.

C. It is unlawful and a violation of this chapter to bathe: (i) in public fountains, other public or private water features or conveyances, including, without limitation, fire lines, water spigots, and backflow devices; or (ii) in public restrooms which do not have separate shower facilities.

D. It is unlawful and a violation of this chapter to urinate or defecate upon public property not designated as a restroom facility.

(Ord. No. 2024-06, § 1, 11-6-2024)

A. The city may abate or remove camp facilities and materials, or an encampment established in violation of this chapter after providing twenty-four (24) hour written notice of such abatement. Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the city, if the encampment poses and imminent and substantial threat to public health or safety, as determined by an enforcement officer, and upon consultation with the city manager.

B. Abatement pursuant to this section shall include, but is not limited to, removal of camp facilities and materials, trash, debris, junk, hazardous waste, infectious waste, and vehicles, recreational vehicles, trailers and mobile homes. Items having no apparent utility or monetary value and items in an unsanitary condition shall be disposed of in a manner as determined by the city. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the police department until an alternate disposition is determined. All personal property removed from a campsite which is not disposed of, or held as evidence (as provided above), shall be stored at the city corporation yard for a period of thirty (30) days, during which time it shall be made reasonably available for and released to an individual confirming ownership of such items. Upon expiration of the thirty (30) day period, such items shall be disposed of in a manner as determined by the city.

(Ord. No. 2024-06, § 1, 11-6-2024)

A. A violation of this chapter is declared to be a public nuisance and subject to abatement in accordance with the provisions of this chapter and other applicable laws.

B. A violation of this chapter is a misdemeanor, punishable by confinement of up to six (6) months in jail and/or fines up to five hundred dollars ($500.00) per violation.

C. As an alternative to a fine or jail sentence, the city may encourage the court to grant diversion or probation with a condition the offender complete a rehabilitation program or treatment plan.

(Ord. No. 2024-06, § 1, 11-6-2024)

This chapter is not the exclusive regulation or penalty for acts related to unlawful camping, obstruction of public rights of way, or interference with the public's access and use of public property. It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, state or any legal entity or agency having jurisdiction.

(Ord. No. 2024-06, § 1, 11-6-2024)