Livingston Municipal Code Ch. 9 Camping and Storage of Personal Property

(A) The streets and public areas within the city 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 which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private areas within the city in a clean, sanitary and accessible condition, and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(B) This chapter is adopted consistent with the city’s police power provided by Article XI, Section 7 of the State of California Constitution and is necessary to preserve the public peace, safety and general welfare of the citizens.

(Ord. 630, passed 6-6-2017)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAMP FACILITIES. Tents, huts or temporary shelters, and the like.

CAMP or CAMPING. To pitch or occupy camp facilities, or to use camp paraphernalia to live temporarily in a camp facility or outdoors.

CAMP PARAPHERNALIA. Tarpaulins, cots, beds, sleeping bags, hammocks, fire stoves and similar equipment.

ESTABLISH. Setting up or moving equipment, supplies or materials onto public or private property to “camp” or operate camp facilities.

MAINTAIN. Keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

OPERATE. Participating or assisting in establishing or maintaining a camp or camp facility.

PARK. Any public space designated as a park by the City of Livingston.

PERSONAL EFFECTS. Important documents such as birth certificate or driver’s license, medication, eye glasses or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements, and personal property which would have obvious sentimental or monetary value to a reasonable person.

PERSONAL PROPERTY. Property that is movable, as opposed to real property or real estate.

PRIVATE PROPERTY. All private property including, but not limited to, streets, sidewalk, alleys, and improved or unimproved land.

PUBLIC PROPERTY. All public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.

STORE. To keep, put aside or accumulate for future use when needed.

STREET. All alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

(Ord. 630, passed 6-6-2017)

It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas:

(A) Any public property; or

(B) Any private property.

1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than three consecutive nights, unless a permit is obtained pursuant to § 8-9-7 of this chapter for a period of more than three consecutive nights.

2. Nothing in this chapter is intended to prohibit or make unlawful, activities of an owner of private property, or other lawful user of private property, that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by this code or other laws, ordinances and regulations.

3. The City Manager, or his or her designee, may, as provided in § 8-9-7 of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights.

(Ord. 630, passed 6-6-2017)

It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council:

(A) Any public property; or

(B) Any private property without the written consent of the owner.

(Ord. 630, passed 6-6-2017)

Any city law enforcement officer or code enforcement officer may remove personal property unlawfully stored as follows:

(A) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in a city park, street, public parking lot, or public area, improved or unimproved and on private property without the written consent of the owner of that property. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION. Remaining on the property after the date specified in this notice may cause further law enforcement action. Shelter is available at the following locations:

(list shelters in local area)

(B) The city law enforcement officer or code enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired, but shall leave a written notice at the location of confiscation confirming that a seizure has occurred pursuant to this chapter, and providing instructions on how to claim the property.

(Ord. 630, passed 6-6-2017)

(A) 1. Following removal of unlawfully stored or remaining personal effects pursuant to § 8-9-5 of this chapter, a city law enforcement officer or code enforcement officer shall:

(a) Maintain an inventory identifying the personal effects, where the personal effects were approximately located, and the reasonable value of each item;

(b) Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and

(c) Store removed personal effects in an area designated by the enforcement officer for a period of 90 days in accordance with Cal. Civil Code §§ 2080 et seq. (as amended), and shall, to the extent reasonably practical, and without any duty to investigate the recommended storage parameters, properly store perishable items such as medication.

2. Any personal property or personal effects which a city law enforcement officer or code enforcement officer deems to be biohazardous or contaminated with a hazardous material including, but not limited to, items with feces, urine, fungus or vermin infestation, will be photographed but shall not be stored pursuant to this section and shall be properly disposed of.

(B) If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, a city law enforcement officer or code enforcement officer shall release the stored property to the owner upon his or her identification of the property, and the approximate location where the property was left by the owner.

(C) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of 90 days from removal shall be disposed of pursuant to Cal. Civil Code §§ 2080 et seq. (as amended), and may be sold at a public auction, dedicated for public use, or given for charitable use to a local nonprofit agency by the city.

(Ord. 630, passed 6-6-2017)

The City Manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event or to allow overnight camping on private residential property that will be more than three consecutive nights. A special event is intended to include, but not be limited to, programs operated by youth or school events, marathons or other sporting events and scouting activities. The City Manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns, and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the City Council, shall be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the City Manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.

(Ord. 630, passed 6-6-2017)

It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times, posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located, a permit obtained from the City Manager in accordance with the provisions of § 8-9-7 of this chapter.

(Ord. 630, passed 6-6-2017)

A violation of this section shall be prosecuted in accordance with § 1-4-3 of this code. In addition to other penalties provided by this code, any violation of this chapter, or other city ordinance, or any condition caused or permitted to exist in violation of any of the provisions of this code, is a public nuisance and may be abated as such by the city. For purposes of this section, an administrative citation shall be punished for a first violation by a fine not exceeding $100, and for subsequent violations of the same offense within one year, by a fine not exceeding $200.

(Ord. 630, passed 6-6-2017)