La Quinta Municipal Code Ch. 11.46 Unauthorized Camping

The purpose of this chapter is to preserve and protect the public peace, health and safety, and general welfare of the city, its residents, and businesses. This Chapter establishes reasonable regulations related to unauthorized camping within the city while preserving the rights of individuals to use public property to exercise their First Amendment and other rights pursuant to the United States and California Constitutions.

The purpose of this Chapter is to maintain public and private streets and developed and undeveloped areas within the city in a clean, safe, and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy, such as crime, visual blight, poor sanitation, disease, and interference with economic activity or economic development.

(Ord. 623, § 1(Exh. A), 6-3-2025)

For the purposes of this chapter, the following meanings shall apply:

A. "Camp" means to take up as a person's living quarters, whether temporary or permanent, and may include pitching, sleeping in, cooking in, or occupying camp facilities or using camp paraphernalia for the purpose of taking up a temporary or permanent place for human habitation. For the purposes of this Chapter, "camp" shall not include the use of any facilities or equipment which are used solely in a place especially designated for camping, used in connection with a special event conducted in accordance with a permit issued by the city, or used as expressly authorized under other provisions of this code.

B. "Camp facilities" include but are not limited to tents, huts, temporary shelters, trailers, and any other vehicle being used for human habitation. For the purposes of this Chapter, "camp facilities" shall not include a recreational vehicle (RV) that is temporarily stored or temporarily used for habitation, or both, in strict compliance with Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may be amended from time to time) of this code.

C. "Camp paraphernalia" includes but is not limited to collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks, or cooking equipment, including but not limited to barbeques, open fires, and portable stoves that are not approved by the city.

D. "Public property" means any publicly owned property in the city, improved or unimproved, whether owned or leased by the City or other federal, state, or local public agency, including but not limited to any of the following: public buildings; parking lots; public passageways; public streets, sidewalks, alleyways, bridges, underpasses, flood washes and river/flood-beds, bike and golf paths or any other public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including but not limited to those adjacent to City Hall or other public facilities or buildings of any kind; publicly owned, maintained, or operated recreation areas, golf courses, and related facilities; public retention basins, curbs, gutters, and other water-treatment or water-handling improvements or facilities; public educational institutions; or any other government owned, leased, maintained, or operated properties located within the city.

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

(Ord. 623, § 1(Exh. A), 6-3-2025)

A. No person shall camp or occupy camp facilities or use camp paraphernalia on or in any of the following areas within the city, except as otherwise provided in this chapter or mandated by applicable federal or state law:

1. Any public property;

2. Any private street or right-of-way, including but not limited to privately owned or privately leased sidewalks and landscaping;

3. Any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved;

4. In, on, under, or adjacent to any structure not intended for human occupancy, including but not limited to any bridge or tunnel or similar infrastructure improvement, whether publicly or privately owned, and whether such structure is with or without camp paraphernalia; and

5. In, on, under, or adjacent to a parked vehicle on any public or private property, including but not limited to an automobile, bus, truck, camper, trailer, or recreational vehicle.

B. No person shall urinate or defecate on public or private property in an area exposed to public view, or on any public property except when in a public restroom or in a restroom inside public property for such purpose.

C. No person shall make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the City Fire Marshal and Building Official.

D. No person shall extendedly remain, stay, or loiter on public property or private property accessible to the public between the hours of 10:00 p.m. and dawn of the following day without either a duly issued applicable permit from the city for any public property or the express permission of the owner of the private property accessible to the public.

E. No person shall consume or possess any alcoholic beverage on any public property, or upon privately owned property, that would be in violation of Section 11.08.005 (or successor provisions, as may be amended from time to time) of this code.

(Ord. 623, § 1(Exh. A), 6-3-2025)

A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise expressly permitted by the city:

1. On any public property;

2. On any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved, whether on public property or private property.

(Ord. 623, § 1(Exh. A), 6-3-2025)

A. This chapter shall not apply to camping in a public or commercial campground legally and lawfully approved and permitted for that purpose and in compliance with all laws, regulations, and conditions of approval for such a facility.

B. This chapter shall not apply to events for which a temporary use permit, special event permit, or other applicable permit, has been approved and issued by the city pursuant to applicable provisions of this code.

C. This chapter shall not apply to events that allow camping sponsored or conducted by the city.

D. This chapter shall not apply to the temporary storage or temporary use for habitation, or both, of a recreational vehicle (RV) in strict compliance with Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may be amended from time to time) of this code; however, this chapter may apply if any RV is stored or used for habitation in excess of the allowable temporary period for such storage or use. Furthermore, this chapter may apply if a vehicle, including any RV, is parked or stored upon any street or alley in violation of Section 12. 28.040 (or successor provisions, as may be amended from time to time) of this code.

(Ord. 623, § 1(Exh. A), 6-3-2025)

A. Any person violating any provision of this chapter may be subject to a civil action brought against the person by the city, may be subject to an administrative citation pursuant to Chapter 1.09 (or successor provisions, as may be amended from time to time), or may be charged with an infraction or misdemeanor. Any person convicted of a misdemeanor for violation of this chapter shall be subject to the penalties set forth in Section 1.01.230(A) (or successor provisions, as may be amended from time to time) of this code. Any person convicted of an infraction shall be subject to the penalties set forth in Section 1.01.230(B) (or successor provisions, as may be amended from time to time) of this code.

B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable as provided in this chapter.

C. The provisions of this chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. In explanation of the preceding sentence, nothing in this chapter shall affect, limit, or prevent the enforcement of any applicable provisions in Chapter 11.44, including Section 11.44.060(H) (or successor provisions, as may be amended from time to time), of this code.

D. Any citation issued for a violation of this chapter may be dismissed upon review by the city manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, the person cited did not engage in any conduct that was contrary to the lawful orders or instructions from any law enforcement officer, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.

E. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person to commit, cause, or maintain a violation of this chapter, which shall be subject to abatement by the city under the provisions of Section 1.01.250 (or successor provisions, as may be amended from time to time) and Section 11.72.050 (or successor provisions, as may be amended from time to time), and any other proceedings or remedies available to the city for public nuisances under state law, Chapter 11.72 of this code, or any other applicable provisions of this code. A violation of this chapter is declared a public nuisance and incorporated by reference into Section 11.72.030 (or successor provisions, as may be amended from time to time) of this code.

(Ord. 623, § 1(Exh. A), 6-3-2025)