Los Banos Municipal Code § 5-11.01 Purpose

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. Unlawful 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; to establish a process for the collection, storage, disposal, or return of personal property found on public property; 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.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

"Abandoned personal property"

means unattended, but not stored, personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence or location causes any reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto. In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and lacks objective signs of abandonment.

"Camp facilities"

include, but are not limited to, tents, huts, lean-tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or temporary shelter.

"Camp paraphernalia"

includes, but is not limited to, materials intended to be used as beds or bedding, blankets, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, fire pits, shopping carts, or cooking facilities and similar equipment.

"Camp" or "camping"

means to utilize camp facilities and/or camp paraphernalia when it reasonably appears, in light of all circumstances, that a person is using such location for temporarily or permanently sleeping or for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging including, but not limited to, the following activities:

(1)

Sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home);

(2)

Erecting or using any tent, camp facilities, or building any other form of shelter;

(3)

Unattended storage of personal belongings (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia; or

(4)

Making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes.

"City Manager"

means the City Manager or the City Manager's designee.

"Encampment"

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

"Establish"

means setting up or moving personal property, equipment, supplies or materials on to public or private property to camp or operate camp facilities.

"Maintain"

means keeping or permitting personal property, equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

"Operate"

means participating or assisting in establishing or maintaining a camp or camp facility.

"Personal property"

means tangible property, belongings or possessions, which shall include any movable or tangible thing, including, but not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, camping equipment, gear, tools, camp paraphernalia, personal items, household items, luggage, backpacks, clothing, documents, medication, bicycles, push carts, shopping carts, and vehicles of any kind.

"Private property"

means all private property including, but not limited to, real property, yards, streets, sidewalks, alleys, private roads, and improved or unimproved land.

"Public property" or "public area"

means property owned, managed, controlled, held, or leased by a public entity or agency, improved or unimproved, and includes, but is not limited to, buildings, structures, restrooms, open space, parks, park facilities, plazas, parking lots, highways, streets, bridges, alleys, medians, greenbelts, driveways, sidewalks, waterways, trailways, walkways or other public rights-of-way.

"Waterway(s)"

means all the portion of the City containing drainage culverts, ponds, canals, creeks, and detention basins.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

(a) It is unlawful and a public nuisance for any person to camp, occupy camp facilities, build, maintain or establish an encampment, occupy an encampment, use camp paraphernalia, or store or maintain personal property in or on public property or waterways at any time, unless specifically authorized or permitted by the City, in writing.

(b) Nothing in this chapter is intended to prohibit or make unlawful, activities of an owner of private property or other lawful user with the permission of the owner 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 and in compliance with the Zoning Ordinance or other laws and regulations.

(c) Nothing in this chapter is intended to prohibit or make unlawful the mere possession of or transportation of camp facilities or camp paraphernalia on public or private property, except as provided in this chapter.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

(a) The City Manager in his or her discretion, may issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the City, youth or school events, marathons or other sporting events and scouting activities.

(b) 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. The City may establish a reasonable fee, to 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. 1205, 11/20/2024, eff. 12/20/2024)

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 section 5-11.04 of this chapter.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

The City Manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The City Manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the City Manager shall issue any permit under the terms of section 5-11.04 of this chapter, the same may be revoked at any time thereafter by the City Manager if the City Manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

Any encampment established in violation of this chapter or unauthorized storage of personal property on public property is declared to be a public nuisance, and the City is authorized to abate the nuisance and remove the encampment, camp paraphernalia, related facilities, and stored personal property as authorized by law and in accordance with this chapter.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

(a) Notice and Removal. In the event of an unauthorized encampment or unauthorized personal property is found on public property an authorized City employee or contractor (examples of authorized employees include, but are not limited to, employees of the City Police Department, City Code Enforcement, employees or contractors of City Public Works Department, and other City employees properly trained to carry out this section), such employee or contractor shall leave notice with the owner of the Personal Property, or prominently post the notice near the Personal Property, or prominently post the notice within the encampment. The notice(s) shall contain all of the following information:

1. The requirement that the personal property be removed from public property;

2. The time frame that the property owner has to relocate the personal property. Such time frame shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the personal property obstructs and actually interferes with public property or the intended use of the public property, then this time frame may be shorter than 24 hours; provided, that if the property owner, is present, they are first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so;

3. A statement that, if the personal property is not removed within the time frame, then the City will remove and store the personal property consistent with this section. This statement shall also provide the location where the personal property will be stored;

4. If applicable, the nature and purpose of the cleanup and/or removal;

5. If applicable, the date, time, and locations of the scheduled cleanup and/or removal of the personal property;

6. A citation to the applicable section of the municipal code or any other applicable law;

7. A statement of how the personal property may be reclaimed;

8. A statement that, if personal property is removed pursuant to this section, then such personal property may be subject to disposal by the City pursuant to this section after 60 days from the date of removal;

9. A phone number that the person may call for more information; and

10. Any other additional information as determined by the City and/or City's Police Department.

After the time frame specified in the notice provided pursuant to this subsection (a), the personal property on the public property area may be removed, inventoried, stored, and disposed of by the City pursuant to this section. To the extent possible, the inventory list shall be provided to the property owner(s). For any personal property removed, a notice shall be posted in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner. The notice shall contain the information required by subsections (a)(1)-(10) of this section and any other additional information as determined by the City and/or City's Police Department. This notice shall include the earliest date on which the removed personal property will be disposed of by the City pursuant to this section.

(b) Additional Signage for Removal of Personal Property. The City may determine what, if any, areas of the City suffer from blight due to storage of personal property on any public property, and erect signs in those areas containing the applicable information specified in subsections (a)(1)-(10) of this section so as to provide additional notice.

(c) Holding and Disposal of Stored Personal Property. Except as provided in subsection (a) of this section, found personal property shall be deposited and inventoried in a safe place for a period of at least 60 days and found money shall be deposited with the Police Department in accordance with the Police Department cash handling policy for a period of not less than 60 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 60 days, it shall be deemed to be unclaimed personal property and subject to disposal as provided in this section, or as otherwise provided by law. Additionally, the City shall not be obligated to store personal property in excess of the City's then-current overall storage capacity. In this case, the City may dispose of unclaimed personal property prior to 60 days, but will make reasonable efforts to contact the owner of such property prior to doing so. The City shall maintain a record of the date any impounded personal property was discarded.

(d) Trash, Contaminated, Dangerous, or Perishable Personal Property. Any personal property coming into the possession of the City and/or City's Police Department may be immediately disposed of without notice, in a manner that the City and/or City's Police Department determines to be in the public interest, when such personal property is trash, contaminated, dangerous, perishable, or contraband pursuant to State or Federal law, and/or constitutes an immediate threat to the public health, safety, or welfare.

(e) The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, governmental-issued identification or other acceptable form of identification is required to claim impounded personal property.

(f) Additional Procedures. The City Manager may adopt additional notice and collection procedures, as necessary, to implement this section.

(g) Applicability. To the extent known by the City or the City's Police Department, the provisions of this section shall not apply to the following:

1. Personal property or money subject to confiscation pursuant to State or Federal law;

2. Personal property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to State or Federal law;

3. Personal property that has been abandoned by its owner. Abandoned personal property may be disposed of forthwith.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)

(a) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(b) In addition to any other remedy or penalty set forth in this chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.

(c) Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 1205, 11/20/2024, eff. 12/20/2024)