Lassen County Municipal Code Ch. 9.75 Unlawful Camping on Public Property and Obstruction of Public Rights-of-Way

This chapter is intended to protect public property within the unincorporated area of Lassen County from the destruction, degradation, and littering that may accompany prolonged camping or squatting and allow public spaces to be used for their intended purpose. Publicly accessible areas under the jurisdiction of the county of Lassen 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 or storage of personal property interferes with the rights of others to use and access these areas in a safe, healthy and peaceable manner within the purposes for which they are intended. The purpose and intent of this chapter, pursuant to Penal Code Section 372, is to establish standards and prohibitions for behaviors related to public camping, bathing or other offenses that are detrimental to the preservation of public 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 the peaceable use and enjoyment for the public at large.

(Ord. 2024-13, 12/17/2024)

The persons authorized by the county of Lassen to enforce this chapter are as follows:

(a) The director of planning and building services (which includes designations in existing provisions of Lassen County Code referring to the director of community development), and/or his or her designee; and

(b) The sheriff and/or his or her designee; and

(c) The director of health and social services and/or his or her designee; and

(d) The director of public works and/or his or her designee; and

(e) Any other person designated by resolution of the Lassen County board of supervisors either by name or classification and either for a particular case or as a function of their respective classification, as specified in the resolution.

Any person authorized to enforce this chapter identified above shall be known for all purposes pursuant to this chapter as the "enforcing officer."

(Ord. 2024-13, 12/17/2024)

The following terms, used in this chapter, shall have the assigned meanings:

Camp Paraphernalia.

"Camp paraphernalia" shall mean, but is not limited to, tents, tarpaulins, cots, beds, sleeping bags, hammocks, lawn chairs, cooking or heating facilities and similar equipment. The above and other similar items shall be considered "camp paraphernalia" when it reasonably appears, in light of all the circumstances that a person is using said items for one or more nights, with the intent to camp.

Camping.

"Camping" is defined as residing in or using any public or private property for one or more nights as living accommodation, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings (including, but not limited to clothing, sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire or using any tents, regularly cooking meals, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using public property as a living accommodation for one or more nights.

County Owned Public Property.

"County owned public property" shall mean any land owned or maintained by the county, including, but not limited to, streets, easements, parks, dump sites, creek beds, electric utility substations, parking lots, alleys, vacant land, or corporation yards.

Squat.

"Squat" or "squatting" is defined as unlawfully settling on another's land, whether said land be public or private, without express legal title or authority to do so, or entering upon another's land in bad faith claiming the right to do so without proper written authority to do so being provided to the satisfaction of the director of the planning and building services department. Any camping that may occur on public lands that does not meet the requirements of this chapter is also considered squatting. Squatting is strictly prohibited in Lassen County.

(Ord. 2024-13, 12/17/2024)

(a) Camping or squatting on county owned or operated public property not specifically designated for day/or overnight campgrounds is prohibited in the county, except under the following circumstances:

(1) Except as may be permitted within parks or other county owned property as determined by the board of supervisors, upon recommendation and findings of appropriate conditions from the director of the planning and building services department and/or the director of the public works department; or

(2) Except as approved by the sheriff and/or the county administrative officer.

(b) No individual shall obstruct a street, sidewalk, alleyway, trail, county highway (as defined in sections 25, 960.5 and 1480 of the California Streets and Highway Code, or as amended), entrance to public facilities, or other public right-of-way (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 public road or other public right-of-way.

(c) In addition to any other remedy provided by law, any person found in violation of this chapter may be immediately removed from the premises by enforcement officers and peace officers.

(d) Nothing in this chapter shall prohibit the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of the County Code.

(Ord. 2024-13, 12/17/2024)

(a) Notwithstanding Section 9.75.025(c), the county may abate or remove camp facilities and materials, or an encampment established in violation of this chapter after providing written notice 72 hours before such abatement. Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advance written notice by the county, if the encampment poses an imminent and substantial threat to public health or safety, as determined by the sheriff and upon consultation with the public health officer.

(b) Abatement pursuant to this section may include, but is not limited to, removal of camp facilities and materials, trash, debris, junk, hazardous waste, infectious waste, and vehicles. Any personal property identified and left behind shall be stored and subject to retrieval pursuant to policies and procedures developed by the sheriff.

(Ord. 2024-13, 12/17/2024)

Violations of this chapter are also a violation of Section 370 of the Penal Code. Any such violation of this chapter may be charged as a misdemeanor, punishable by confinement of up to six months in jail and/or fines up to five hundred dollars per violation.

Any individual charged with violation of this chapter, in lieu of being taken to jail may, at the election of the citing peace officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment.

(Ord. 2024-13, 12/17/2024)

If any section, subsection, sentence, clause, or phrase of the ordinance codified in this chapter is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of said ordinance. The board of supervisors hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

(Ord. 2024-13, 12/17/2024)