Martinez Municipal Code Ch. 8.26 Camping in Public Places

[1]

Editor's note: Prior history: Ord. 1222 C.S., adopted in 1995; Ord. No. 1390 C.S., adopted 12/2/2015.

As used in this Chapter:

A.

"Camp"

shall have the definition stated by Section 8.26.020.

B.

"Camp facilities"

include, but are not limited to, tents, huts, or temporary shelters.

C.

"Camp paraphernalia"

includes, but is not limited to, tarpaulins, cots, beds, blankets, sleeping bags, hammocks, bedding, mattresses, couches, dressers, other furniture, luggage, shopping carts, other sleeping equipment, or non-city designated cooking facilities and similar equipment.

D.

"Park or recreation facility"

means any space, facility, structure or improvement open to the public for use for any recreational, educational, cultural or community activity.

E.

"Public property"

shall mean that portion of any public area or public areas within the City of Martinez that are owned, managed, controlled, or maintained by the city or another government agency, including, without limitation, any parking lot, lot, street, median strip, space, ground, building, structure, sidewalk, avenue, highway, lane, alley, court, place, square, parkway, curbs, bikeway, or any right-of-way or other public way in the city, improved or unimproved, flood protection facilities, including levees, pumps, drainage ditches, access and patrol roads and related facilities, sloughs, rivers, canals and waterways, including shoreline of said waterways.

F.

"Store"

means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

G.

"Street"

shall have the definition stated by Section 1.04.010.

(Ord. No. 1462, § 2, 9/18/2024)

A. Restrictions. No person shall camp anywhere in the City, whether on public or private property, except as hereinafter expressly permitted. "To camp" means to do any of the following:

1. Sleeping (11:00 p.m. to 8:30 a.m.). To sleep at any time between the hours of 11:00 p.m. and 8:30 a.m. in any of the following places:

a. Outdoors, with or without any camp paraphernalia;

b. In, on, or under any structure or thing not intended for human occupancy, whether with or without any camp paraphernalia.

2. Setting up or maintaining bedding. To establish, occupy, or maintain, outdoors or in, on, or under any structure or thing not intended for human occupancy, a temporary or permanent place for sleeping by setting up or maintaining camp paraphernalia in such a manner as to be immediately usable for sleeping purposes.

3. Setting up or maintaining campsite. To establish, occupy, or maintain, outdoors or in, on, or under any structure or thing not intended for human occupancy, a temporary or permanent place for cooking or sleeping by setting up or maintaining camp paraphernalia with the intent to remain in that location.

B. Permitted camping. Camping is permitted in the City only in the following circumstances:

1. Camping in public areas specifically set aside and clearly marked for public camping purposes;

2. Camping events authorized by the City;

3. Camping in the yard of a residence, with the consent of the owner or occupant of the residence, where the camping is in the rear yard of the residence or where the camping is in an area of a side yard of the residence that is separated from view from the street by a fence or hedge or other obstruction; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping in any yard is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code; nor shall camping be permitted under this subsection where any fee, charge, or other monetary consideration is collected for the privilege of camping or for any services or the use of any facilities related thereto;

4. Camping events for minors sponsored by any nonprofit organization; except that camping shall not be permitted under this subsection where it is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; nor shall camping be permitted under this subsection where the camping at any location is of such frequency, intensity, or duration as to constitute a use of land prohibited by any provision of this Code.

(Ord. No. 1462, § 2, 9/18/2024)

A. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas:

1. Any park or recreation facility, except as provided in Section 8.24.140.

2. Any public property.

3. Any property owned, managed, or under control of another government entity without the express consent of that entity and when such use is not otherwise prohibited by this Code.

4. Any private property open to the public, without the consent of the owner or other lawful user of such property, and when such use is not otherwise prohibited by this Code.

(Ord. No. 1462, § 2, 9/18/2024)

A. It shall be unlawful for any person to obstruct a street, sidewalk, or other public right-of-way or impede the use of street furniture, whether publicly or privately owned, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, including camp facilities and camp paraphernalia, in a manner that impedes passage, including as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 327 (1990), as amended from time to time.

B. This shall not apply to any person:

1. Experiencing a medical emergency; or

2. Participating in, attending, or viewing any parade, festival, performance, rally or other event conducted in accordance with this code and for which the appropriate permit has been obtained; or

3. Engaging in activities authorized by a City permit; or

4. Who is authorized by the owner of the private property when such activity is not otherwise prohibited by this Code.

C. Prior to issuing a citation or making an arrest for this section, the enforcement officer shall warn the person that their conduct is unlawful and provide them an opportunity to stop their conduct. One warning shall be sufficient for a 12-month period as to any subsequent violations of this section by that person during that period. However, if the person shall fail, neglect or refuse to cease the violation upon order of the officer, the officer may proceed with a citation or arrest.

(Ord. No. 1462, § 2, 9/18/2024)

A. Any violation of this chapter may be abated by the City upon 72 hours of prior notice; but a violation may be abated immediately by the City without prior notice, if the violation poses an imminent threat to public health or safety, including, but not limited to, when such violation obstructs the free passage of people or vehicles.

B. Abatement may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or debris; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

C. Nothing in this section shall prevent, restrict, or otherwise limit the city's right to remove, without prior notice, (1) evidence of a crime or contraband, (2) personal property placed in a public area after the closure time of such public area, (3) abandoned personal property, and (4) any personal property otherwise authorized by law to be removed with or without prior notice.

D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.

E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Section 1.13.100 of this Code.

F. No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.

(Ord. No. 1462, § 2, 9/18/2024)

Violations of this Chapter in addition to all other remedies or penalties available under this Code or under any other laws shall be a misdemeanor or infraction, in the discretion of the prosecuting authority.

(Ord. No. 1462, § 2, 9/18/2024)