Lancaster Municipal Code Ch. 9.34 Unpermitted Camping, Lodging, and Sleeping on Public Streets,…

A. No person shall camp, lodge, or sleep on a public street (including in a vehicle parked on a public street), on a publicly-owned property, and in public parks and other prohibited public places, provided that nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under federal, state or local statute or ordinance.

B. "Camping" means residing in or using any public street, publicly-owned property, public park, or other prohibited public place for living accommodation, lodging, or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time not associated with ordinary use of the street, property, or public place, with one's possessions or while storing one's possessions (including but not limited to clothing; sleeping bags, bed rolls, blankets, sheets, hammocks, or other sleeping implements; luggage; backpacks; kitchen utensils; cookware; and food or beverages), cooking or consuming meals, or lodging in a parked vehicle. These activities constitute camping when it reasonably appears in light of all the circumstances that a person is using the street, property, or place as a living, lodging, or sleeping accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged.

C. "Prohibited public places" means any public place not designated as a public campground pursuant to federal, state, or local statute or ordinance and shall include the following:

1. Public streets, sidewalks, alleyways, passageways, paseos and rights-of-way;

2. Publicly-owned property;

3. Public parks, except as may be permitted under Lancaster Municipal Code Section 12.04;

4. Public parking lots, whether privately-owned or publicly-owned;

5. Public landscaped areas, whether public-owned or privately-owned and maintained pursuant to a public landscape easement;

6. Private property that is readily accessible to the general public, or is otherwise open to common or general use or view;

7. Vacant lots;

8. Drainage culverts and basins.

(Ord. 819 § 1 (part), 2003)

A. This chapter may be enforced by peace officer and by city of Lancaster employees in accordance with Chapter 1.08 of this code.

B. Violations of this chapter may be punished as set forth in Chapter 1.12 of this code, the penalty amount of which shall be assessed at a rate as set forth in the fee schedule in Section 1.12.020 of Chapter 1.12 of this code.

As an alternative to paying the amount of the administrative citation, a cited person may elect to enroll in and perform community service, as set forth in Section 1.16.095 of Chapter 1.16 of this code. A cited person who has been granted an indigency waiver pursuant to Section 1.16.085 of Chapter 1.16 of this code shall enroll in and perform community service as an alternative to paying the amount of the administrative citation.

(Ord. 819 § 1 (part), 2003)

(Ord. No. 1097, § 5(Exh. D), 1-10-2023)

Nothing in this chapter shall be construed to affect, supersede, or otherwise prevent private causes of action for trespass, or other public civil, penal, or administrative prosecution for trespass or maintaining a nuisance under state or local law.

(Ord. 819 § 1 (part), 2003)