Merced County Municipal Code Ch. 10.32 Offenses Against Public Property

No person shall loiter in or around a public building or obstruct corridors, stairways or doorways so as to prevent free access by members of the public or public officers or employees. No person shall habitate or reside in a public building after regular business hours.

(Ord. 1219, 1986)

It is unlawful for any person to enter or remain in a public building, or portion thereof, after being notified by appropriate sign(s) that said building, or portion thereof, is closed to the general public. Signs indicating that a public, building, or portion thereof, is closed to the general public must be sufficiently legible to be seen by an ordinarily observant person, and must be placed at each entrance to a public building, if the public building is closed, or at each entrance to a portion of a public building, if only said portion is closed.

(Ord. 1219, 1986)

It is unlawful for any person to intentionally: (A) deface with paint or any other liquid; (B) damage; or (C) destroy, any public building or property or portion thereof.

(Ord. 1219, 1986)

It is unlawful for any person to consume any beer, wine, or alcoholic beverage, or any beverage containing beer, wine or alcoholic liquor, nor in:

A. Any sidewalk, parkway, street, or alley;

B. Any public park except as provided in Section 10.28.070 of this Code;

C. Any public parking lot or other public property; and

D. Any private parking lot, open or designated for use by the public or patrons of the owner or tenant.

(Ord. 1520, 1995)

A. Purpose. Publicly accessible areas under the jurisdiction of Merced County should be readily available and usable for the safe, healthy, and peaceable enjoyment of 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 and access these areas in a safe, healthy, and peaceable manner within the purposes for which they are intended. The purpose of this section is to ensure and maintain publicly accessible areas of Merced County for the safe, healthy, and peaceable use and enjoyment by residents and the public at large.

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

"Camp facilities or materials"

include, but are not limited to, structure, tents, huts or any temporary shelter (e.g., not permanently affixed to the ground), tires, or vehicles, trailers, campers or recreational vehicles.

"Camp" or "camping"

means doing any of the following beyond sixty (60) consecutive minutes or within five hundred (500) feet of any previous stopping point in a twenty-four-hour period:

Erecting a tent or other form of shelter for the purpose of sleeping;

Arranging bedding for the purpose of sleeping; or

Use of a standing, immobile or parked vehicle for the purpose of sleeping.

"Camp paraphernalia"

include, but are not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, bed rolls, blankets, pallets, cardboard boxes, mattresses, or any other item that may be used for sleeping purposes; and include, but are not limited to, open campfires, fire pits, warming fires, propane stoves, charcoal grills, charcoal lighting fluid, nongovernment designated cooking facilities, any other item that may be used forcooking.

"County highway"

means the same as defined in Section 13.06.030 of this Code.

"County park"

means the same as defined in Section 10.28.010 of this Code.

"Critical infrastructure"

may include, but is not limited to, the following: government buildings or facilities, such as fire stations, sheriff's office or substation, jails, courthouses or public libraries; schools; hospitals; cemeteries; structures, such as antennas, bridges, roads, train tracks including rail stations, or telecommunication centers (e.g., radio towers); maintenance access roads and portals or boxes (e.g., manholes, pullboxes, valve, drop inlet); or systems such as computer networks, public utilities, electrical wires, natural gas pipes, drainage systems, waterways, or water sources, including water treatment, storage, transmission and distribution systems.

"Personal property"

means personal effects or property consisting of the following items: identification or social security cards; prescription medications; medical devices; eyeglasses; photographs/photo albums; tax or medical records; and reasonably usable, non-soiled, non-verminous items that are reasonably believed to have value, including tents, blankets, sleeping bags, or clothes. The definition of personal property does not include contraband (e.g., illegal items such as unlicensed weapons, controlled substances/drugs).

"Public buildings"

means the same as defined in Section 18.200.160 of the Merced County Zoning Code and when the building is owned or rented by Merced County.

"Recreation area"

means the same as defined in Section 10.28.010 of this Code.

"Road"

means the same as defined in Section 1.04.010 of this Code.

"Sidewalk"

means the same as defined in Section 1.04.010 of this Code.

"Store"

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

"Waterways"

means all the portions of the county containing drainage culverts, ponds, canals, creeks, rivers, and detention basins.

C. Unlawful Camping. Except as provided elsewhere in this Code, it is unlawful, and a misdemeanor, subject to punishment in accordance with Sections 10.32.040 and 10.32.045 of this chapter, for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas, except as otherwise provided in this Code:

1. Any public buildings;

2. Any county highway;

3. Any county park;

4. Any recreation area;

5. Any road;

6. Any sidewalk;

7. Any critical infrastructure;

8. Any waterways.

D. Storage of Personal Property in Publicly Accessible Areas. It is unlawful, and a misdemeanor, subject to punishment in accordance with Sections 10.32.040 and 10.32.045 of this chapter, for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided in this Code:

1. Any public buildings;

2. Any county highway;

3. Any county park;

4. Any recreation area;

5. Any road;

6. Any sidewalk;

7. Any critical infrastructure;

8. Any waterways.

E. Abatement of Encampments and Camp Facilities and Materials.

1. The County may abate or remove camp facilities and materials, camp paraphernalia or an encampment established in violation of this chapter after providing written notice of such abatement. Any camp facilities and materials, camp paraphernalia or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the county, if the encampment poses an imminent and substantial threat to public health, public safety, life or is located on or near critical infrastructure, as determined by the sheriff-coroner and upon consultation with county executive officer.

For purposes of this section, camp facilities and materials, camp paraphernalia or an encampment pose an imminent threat to public health, safety, life or critical infrastructure if there are facts and circumstances that would cause a reasonable person to believe, that there is an increased risk of fire or flood, actual fire or flooding, obstructions or interference with the flow of pedestrian or vehicular traffic, and blockage of driveways or access points providing access to emergency vehicles.

2. Abatement pursuant to this section may include, but is not limited to, removal of camp facilities and materials, camp paraphernalia, furniture, shopping carts, trash, debris, junk, hazardous waste, infectious waste, tires, and vehicles. Any personal property identified and left behind shall be stored for sixty (60) days and is subject to any applicable Merced County Policy, including, but not limited to, Merced County Sheriff's Policy 464.

F. Letter of Authorization (Private Property). The county may utilize any and all California laws, including Penal Code Section 602, to prevent trespassing on private property and imminent threats to public health and property such as fire, theft, vandalism, drug dealing and/or drug usage caused by trespassers. Section 602, subsection (o) allows: an owner, owner's agent, or the person in lawful possession of private property to make a request (Letter of Authorization) to the sheriff's department, permitting entry on their private property for up to a 12-month period, to assist with any trespass thereon.

The county executive officer and sheriff-coroner are hereby authorized to develop and implement a policy for a Letter of Authorization program that would incentivize private property owners, including other jurisdiction stakeholders, to care for and maintain their properties in good condition and assist with efforts to abate any unlawful camping or actions prohibited by this chapter.

G. Exclusions. This chapter shall exclude and therefore not apply to camping or use of camp paraphernalia allowable pursuant to Merced County Code Sections 9.24.130 and 9.42.060(S).

(Ord. 1877 § 1, 2010; Ord. 2050, 3/25/2025)

A. A violation of this Chapter 10.32 is declared to be a public nuisance and subject to the penalties stated herein.

B. A violation of this Chapter 10.32 is a misdemeanor, punishable by confinement of up to six months in jail and/or fines up to $500 per violation.

(Ord. 1219, 1986; Ord. 2050, 3/25/2025)

A. Any individual charged with violation of this Chapter 10.32, in lieu of being cited by an officer, may with the consent of the individual be diverted to a facility providing social services related to mental health, housing, and/or substance abuse treatment and/or connected to one of the mainstream homeless services providers for supportive services such as employment, emergency shelter, and/or permanent housing.

B. Individuals found to be in violation of this Chapter 10.32 may be eligible for diversion in lieu of fines, probation or jail sentences. Diversion may include, but is not limited to, homeless court or an alternative court, rehabilitation programs or plans.

(Ord. 2050, 3/25/2025)