Manhattan Beach Municipal Code Ch. 4.140 Camping and Storage of Personal Property

The public parks, public streets and alleys, public parking lots, public rights-of-ways, public parkways, public sidewalks, recreational areas, public property, public areas, and other publicly-owned or controlled property within the City, should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for camping purposes or storage of personal property interferes with the rights of others to use and enjoy these public areas as they are intended. In addition, camping on private property without the consent of the owner, without proper sanitary measures, and for other than a minimal duration affects private property rights as well as public health and safety.

Such activities can constitute a public health and safety hazard which adversely impacts public offices, facilities and services, neighborhoods and commercial areas. The purpose of this Chapter is to maintain these public and private areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Nothing in this Chapter is intended to interfere with otherwise lawful and ordinary uses of public property or private property.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

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.

"Alley" shall have the meaning set forth in California Vehicle Code Section 110.

"Camp" or "Camping" means to pitch, maintain, or occupy camp facilities; to live temporarily in a camp facility or outdoors; or to use camp paraphernalia, in such a way as to reasonably appear, in light of all circumstances, that at least one person is using the area occupied as a living accommodation, regardless of his or her intent or the nature of any other activities in which he or she might also be engaging.

"Camp facility" means all temporary shelters, including but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters.

"Camp paraphernalia" means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment.

"Establish" means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.

"Maintain" means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

"Operate" means to participate or assist in establishing or maintaining a camp or camp facility.

"Personal property" means tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, camping equipment or paraphernalia, money, books, and shopping carts or carts as defined in this Section.

"Private property" means all private property including, but not limited to, private streets, private sidewalk, private alleys, and private improved or unimproved land.

"Public area," "Public areas," or "Public property" means a publicly owned or controlled place, including, but not limited to, any public street, alley, public parking lot, public park, public right-of-way, public parkway, public sidewalk, public recreational area, public recreational facility, open space, the Manhattan Beach Civic Center and all public areas adjacent thereto, the County of Los Angeles Public Library—Manhattan Beach Library and all public areas adjacent thereto, the Joslyn Community Center and all public areas adjacent thereto, the Manhattan Heights Community Center and all public areas adjacent thereto, Veterans' Parkway, and any and all other publicly-owned or controlled property in the City.

"Shopping carts" or "Carts" shall have the meaning set forth in Business and Professions Code Section 22435.

"Store," "Stored" or "Storage" means to place or put aside personal property in a public area or accumulate it for use when needed, to place personal property in a public area for safekeeping, or to leave personal property unattended in a public area.

"Street" shall have the meaning set forth in California Vehicle Code Section 590.

"Unclaimed personal property" means personal property that has been delivered to the Chief of Police or impounded pursuant to this Chapter, and that has not been claimed within a period of one hundred twenty (120) days by its owner.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

It shall be unlawful and a public nuisance for any person to camp, establish, maintain, operate, or occupy camping facilities, or use camp paraphernalia in the following areas, except as otherwise provided:

A. Any improved or unimproved public area.

B. Any improved or unimproved private property.

1. This Section does not prohibit overnight camping on private residential property by friends or family of the property owner or lawful occupant, so long as the owner or lawful occupant consents; and the overnight camping is limited to not more than one consecutive night.

2. Nothing in this Section is intended to prohibit or make unlawful the activities of an owner or lawful occupant of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes, or where such activities are expressly authorized by the City's laws, ordinances, and other regulations.

3. The City may issue a temporary permit to allow camping on public or private property in connection with certain temporary events, as provided in Chapter 5.28.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

It shall be unlawful and a public nuisance for any person to store personal property, any camp facility or camp paraphernalia, in any public area, except as otherwise approved by the Chief of Police, the City Manager or by resolution of the City Council. It shall be unlawful for any person to store personal property, including any camp facility or camp paraphernalia, in any private property without the consent of the property owner.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

The Chief of Police shall impound personal property stored in violation of Section 4.140.040, and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this Chapter. A receipt shall be issued to the person delivering such personal property, unless the personal property was found in the course of employment by an employee of the City. The Chief of Police shall notify the owner of the personal property, in writing, if his or her identity is reasonably ascertainable; or, if the identity of the owner is not reasonably ascertainable, cause a written notice to be left in a prominent place at or near where the personal property was located prior to removal, for any personal property impounded, advising that the Chief of Police is in possession of the personal property and the location where it may be claimed.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

A. Stored personal property may be impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband.

B. The City may erect signs in any public area or areas conspicuously stating that any personal property stored in those areas is subject to immediate impoundment. Those signs shall serve to provide the prior notice otherwise required by subsection C. of this Section. Personal property unlawfully stored where any such sign has been posted may be immediately impounded.

C. If neither subparagraph A nor subparagraph B apply, personal property unlawfully stored in public areas shall be impounded only after a notice is left on, or at or near the location of the personal property, advising that the personal property will be impounded if it is not removed. This notice will specify a time when the personal property will be impounded if it is not removed. Such time shall not be less than forty-eight (48) hours after the notice is left.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

If, after any notice required by Section 4.140.060 is given, personal property remains unlawfully stored in any public area, that personal property may be impounded. The City shall leave a notice in a conspicuous place at or near where the personal property was located prior to being impounded, advising where the personal property is being kept and when and where it may be claimed by its owner.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

Personal property coming into possession of the Chief of Police pursuant to this Chapter shall be deposited in a safe place for a period of at least one hundred twenty (120) days. If the personal property consists of money, it shall be deposited with the City's Director of Finance for a period of not less than one hundred twenty (120) days, unless sooner claimed by its owner. In the event the personal property or money is not claimed within one hundred twenty (120) days, it shall be deemed to be abandoned personal property, subject to disposition as provided in this Chapter.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

During the time that any personal property is held by the City, it may be delivered or paid to its owner as follows:

A. The personal property shall be delivered upon proof of ownership satisfactory to the Chief of Police after ten (10) days' notice by mail to any other person who has asserted a claim of ownership at any address given by such person.

B. If the personal property consists of money, it shall be paid to the owner upon written order from the Chief of Police to the Director of Finance. The Chief of Police shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of personal property.

C. If ownership cannot be determined to the satisfaction of the Chief of Police, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

Upon expiration of the 120-day period, any personal property received by the City may be retained by the City or sold at public auction pursuant to Municipal Code Chapter 2.32.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

Any personal property coming into the possession of the Chief of Police may be disposed of immediately and without notice, in a manner that the Chief of Police determines to be in the public interest and otherwise as provided by law, when such personal property is perishable, contraband, evidence of a crime, evidence in a criminal investigation, or is reasonably believed to constitute an immediate threat to the public health or safety.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

Confiscated shopping carts may be released to the owners or operators of businesses providing evidence of ownership of the confiscated cart.

(§ 2, Ord. 18-0020, eff. September 19, 2018)

Each violation of Sections 4.140.030 or 4.140.040 of this Chapter shall:

A. Be punishable alternatively as a misdemeanor or an infraction at the discretion of the City Attorney or City Prosecutor. The penalty for an infraction and/or misdemeanor shall be as set forth in Chapters 1.04 and 1.06 of this Code.

B. Constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(§ 2, Ord. 18-0020, eff. September 19, 2018)