Merced Municipal Code Ch. 9.51 Camping and Storage of Personal Property

Footnotes:

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Editor's note— Ord. No. 2568, adopted on Nov. 18, 2024, repealed the former Ch. 9.51, §§ 9.51.010—9.51.050, and enacted a new Ch. 9.51 as set out herein. The former Ch. 9.51 pertained to similar subject matter and derived from Ord. 2316 § 18 (part), adopted in 2008.

To ensure public safety, health and safety, efficient movement of public and vehicle traffic, and peaceable enjoyment of public by prohibiting the acts of public sleeping and camping as well as the storage of personal property.

(Ord. No. 2568, 11-18-2024)

Unless the 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.

"Camp" means to occupy by inhabiting any public space.

"Camp facilities" means and includes, but are not limited to, tents, huts, or any makeshift shelters.

"Camp paraphernalia" means and includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or any other item that is or could be used for sleeping purposes, or non-city designated cooking facilities and similar equipment.

"Inhabiting" means and includes, but is not limited to, the fact or condition of holding, possessing, or residing in or on something.

"Occupy" means and includes, but is not limited to, to fill or take up space.

"Park" means the same as defined in Section 9.70.020 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.

"Street" means the same as defined in Section 1.04.010 of this code.

"School" means the same as defined in Section 20.60.020 of this code.

(Ord. No. 2568, 11-18-2024)

It is unlawful, and a misdemeanor for any person to, camp,, occupy camp facilities, or use camp paraphernalia, in the following areas, except as otherwise provided in this code:

A. Any park;

B. Any street;

C. Any sidewalk;

D. Any public parking lot or public area; improved or unimproved;

E. Any school or within one thousand (1,000) feet thereof.

(Ord. No. 2568, 11-18-2024)

It is unlawful, and a misdemeanor for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided in this code:

A. Any park;

B. Any street;

C. Any sidewalk;

D. Any public parking lot or public area, improved or unimproved;

E. Any school or within one thousand (1,000) feet thereof.

(Ord. No. 2568, 11-18-2024)

This chapter shall not apply to city-sponsored camp events.

(Ord. No. 2568, 11-18-2024)

Encampments and personal property shall be removed immediately if it is determined by code enforcement that the encampment poses an immediate threat to life, health, safety, or infrastructure. In all other instances, advanced notice shall be posted at least forty-eight (48) hours prior to removal of individuals who are engaging in the act of public sleeping or camping; personal items shall be stored for thirty (30) days, unclaimed items will be disposed of after thirty (30) days. The city shall ensure that personal property is inventoried and labeled in a manner to facilitate identification.

(Ord. No. 2568, 11-18-2024)

A. Offenders will be fined for violations of Sections 9.51.030 and 9.51.040 as follows:

1. Fifty dollars ($50.00) for a first violation;

2. One hundred fifty dollars ($150.00) for a second violation within the consecutive twelve-month period after the date of the first violation; and

3. Three hundred dollars ($300.00) for each additional violation within the consecutive twelve-month period after the date of the first violation.

B. The city may also impose a ban from certain areas for a period not to exceed thirty (30) days for reoffenders. If the issues persist, code enforcement may recommend the violators be criminally trespassed to the district attorney for filing, punishable by a maximum of thirty (30) days in jail and a fine.

(Ord. No. 2568, 11-18-2024)