Chapter 8.04 — PUBLIC CAMPING, OUTDOOR AND TENT ASSEMBLIES

Editor's note— Ord. No. 2028, § 1, adopted Dec. 18, 2024, repealed the former Ch. 8.04, §§ 8.04.010— 8.04.080, and enacted a new Ch. 8.04 as set out herein. The former Ch. 8.04 pertained to outdoor and tent assemblies and derived from prior code §§ 25-1—25-8.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

"Abatement" means the process of documenting and collecting eligible items for storage (as defined in LMC 8.04.110(c)(2)), and removing and disposing of, recycling, or reusing of waste at an encampment.

B.

"Camp" means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates sheltering for living accommodation purposes or for remaining outdoors overnight.

C.

"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes, but not limited to, personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

D.

"City manager" means the city manager, or the city manager's designee that has authority to enforce the provisions of this chapter and other sections of the Lodi Municipal Code.

E.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long- term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes, but not limited to, any camp paraphernalia and personal property associated with or located in or around the structures or tents.

F.

"Open space" means any undeveloped public property that is used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

G.

"Park" means any public property, held out by the city for public active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks.

H.

"Waste" means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. Waste does not include compost piles, composting or recyclable material properly contained and disposed of in a timely fashion.

I.

"Waterway" means all the portions of the Mokelumne River, Lodi Lake, or any irrigation or flood control channel located within the boundaries of the city of Lodi.

(Ord. No. 2028, § 1, 12-18-2024)

A.

It is unlawful for any person to:

Camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, city parking lot, or open space.

Sleep on public sidewalk, street, alleyway, median, parkway or right-of-way, city parking lot, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, at any time as a matter of individual and public safety.

Camp, possess camp paraphernalia, maintain an encampment, or sleep, where such activity poses:

i.

An immediate threat or an unreasonable risk of harm to any natural person,

ii.

An immediate threat or an unreasonable risk of harm to public health or safety, or

iii.

Disruption to any business, store, religious institution, educational facility, or government services.

Camp, possess camp paraphernalia, maintain an encampment, or sleep, in the following locations:

i.

Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of this section does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;

ii.

In any park, open space, waterway, or banks of a waterway;

iii.

Within any transit center, public parking garage, public parking lot, or bus shelter.

(Ord. No. 2028, § 1, 12-18-2024)

It is unlawful for any person to maintain or conduct a place of public assembly under a tent or in an uncovered space in the city, without first having obtained a written permit in the manner prescribed by this chapter.

(Ord. No. 2028, § 1, 12-18-2024)

It is also unlawful for any person to maintain or conduct premises wherein living or sleeping accommodations in a tent or in an uncovered space are offered for rent or provided as part of the remuneration for services performed, without obtaining a written permit as prescribed by this chapter.

(Ord. No. 2028, § 1, 12-18-2024)

Permits for either of the uses specified in Sections 8.04.030 and 8.04.040 must be obtained from the city manager, or his or her authorized representative, on written application submitted at least ten days before the meeting is to be held or the premises opened for business.

(Ord. No. 2028, § 1, 12-18-2024)

The application for a permit required by this chapter shall state:

A.

The name and address of the applicant;

B.

The purposes for which the premises are to be used;

C.

The time during which it is proposed to operate, both as to hours and to opening and closing dates;

D.

The number of persons to be accommodated;

E.

The accessibility of sanitary facilities and fire hydrants;

F.

Whether the premises are to be occupied under tent or in the open air; and

G.

If under tent, accompanied by a certificate of inspection signed by the chief of the fire department.

(Ord. No. 2028, § 1, 12-18-2024)

Each application for a tent permit shall be accompanied by a sketch or map or drawing delineating the boundaries of the subject premises and showing the relation of the space to be occupied in its relation to existing buildings or structures within fifty feet thereof.

(Ord. No. 2028, § 1, 12-18-2024)

The application for a tent permit, if for a place of public assembly, shall be accompanied by a certificate that the applicant is adequately protected by public liability insurance minimums as required by the city.

(Ord. No. 2028, § 1, 12-18-2024)

If the tent is to be occupied for living or sleeping accommodations, no permit will be issued unless approved for this purpose by the local representative of the San Joaquin Environmental Health Department.

(Ord. No. 2028, § 1, 12-18-2024)

Any tent permit issued under the provisions of this chapter may be revoked summarily for violation of city ordinances or regulations or of state laws applicable thereto or for loud or raucous noises emanating from the subject premises. Revocation for any other reason shall be on three days' notice delivered by the city manager, or designee, to the permittee or to the person in charge of the occupied premises.

(Ord. No. 2028, § 1, 12-18-2024)

The city may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at a location where a person is engaged in unlawful camping, maintenance of an encampment, or any other access or encroachment violation of the Lodi Municipal Code, by completing the following procedures:

A.

Written Notice Required Prior to Abatement.

A written notice of clean-up will be posted on each tent or structure and in any other distinct areas of the encampment or outdoor or tent assembly providing notice of the date of clean-up and giving a minimum of forty-eight hours for persons to remove their personal property. This notice of clean-up shall also include information on where and how a person may claim any personal property items that are collected and stored during the abatement process.

After forty-eight hours, the city enforcement shall be authorized to conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed or rescheduled, the city may conduct abatement within forty-eight hours of the posted notice of clean-up without reposting a new notice of clean-up. If abatement is delayed longer, the city manager shall repost a notice of clean-up with a new date.

B.

Documentation of Abatement. At the direction of the city manager, city staff, or the contractor performing the abatement shall document the abatement process by photographing or video recording the site before,

during, and after any abatement of the area, and by reviewing and cataloging any private property items found at the abatement site that may be eligible for storage.

C.

Property Storage.

Enforcement officials shall make a reasonable effort to ascertain whether unattended personal property or possessions found at the abatement site have been abandoned and, if so, to thereafter cause their removal and destruction as allowed under Civil Code Section 2080.7.

Unclaimed items found at the abatement site, may be eligible for storage if:

i.

Circumstances indicate that the item belongs to a person,

ii.

The item has apparent value and utility in its current condition and circumstances,

iii.

The item does not pose a public health or safety risk, and

iv.

The item can be safely retrieved from the site.

The city's staff or contractor shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least ninety calendar days and then it may be auctioned off, disposed of, or recycled in accordance with Lodi Municipal Code Chapter 3.24 (Lost and Unclaimed Property).

Unattended personal property or possessions that are unsanitary, soiled or verminous shall be summarily abated and destroyed, or transferred to the appropriate officials for proper handling and/or disposal. These items include those that are:

i.

Hazardous, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

ii.

Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

iii.

Practically un-storable, due to large size, weight, or other similar characteristic;

iv.

Contraband or stolen property.

D.

Summary Abatement without Notice.

The city manager may perform a summary abatement of an unlawful encampment or encroachment immediately without prior notice, if the violation poses an imminent threat to public health or safety.

Summary abatement pursuant to this subsection may include:

i.

Removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris;

ii.

Securing the perimeter of the site or property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity; and

iii.

Any other necessary actions to protect public health or safety from the unlawful activities and nuisance conditions.

E.

Abatement on Private Property. Private property owners shall be responsible for removal of any illegal encampments on their own property. If private property owners allow or fail to remove illegal encampments on their property, the city may pursue abatement of such violations in accordance with this chapter or Chapter 1.10, and the private property owner shall be responsible for related enforcement and all abatement costs.

(Ord. No. 2028, § 1, 12-18-2024)