Millbrae Municipal Code Ch. 4.95 Public Encampments

"Camp"

means to pitch or occupy camp facilities, to use a vehicle, or to use camp paraphernalia, for living purposes in an outdoor area. The act of sleeping on its own does not constitute camping.

"Camp facilities"

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

"Camp paraphernalia"

includes, but is not limited to, tents or tent-like structures, cots, beds, sleeping bags, hammocks or personal cooking facilities and similar equipment.

"Obstruct pedestrian or vehicular traffic"

means to impede or block the passage of another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

"Open space"

means any parcel or area of land or water which is essentially unimproved and devoted to an open space use, and which is designated as Open Space in the Millbrae Zoning Ordinance or the Land Use Element of the General Plan.

"Personal property"

means any and all tangible items, including, but not limited to, goods, materials, merchandise, camp paraphernalia or facilities, luggage, backpacks, books, clothing, documents, household goods, and shopping carts, laundry carts, or carts.

"Public place"

means public property, whether improved or unimproved, and includes, but is not limited to, publicly owned parking lots, driveways, open space, parks, plazas, highways, streets, bridges, alleys, driveways, rights-of-way, trails, sidewalks, paths, and walkways.

"Shopping cart" or "laundry cart" or "cart"

has the meaning set forth in Business and Professions Code Section 22435.

"Store"

means to put aside or accumulate for use when needed, to place for safekeeping, or to put, place or leave in a particular place, whether attended or unattended.

(Ord. 819 § 1)

A. The city finds that camping and storage of personal property in public places can interfere with the intended use of such places and create public health and safety hazards that adversely affect the city's residents and visitors.

B. The city has determined that maintaining all public places in a clean, sanitary and accessible condition allows the public to use and enjoy public areas and amenities for their intended purposes.

C. The city desires to adopt this chapter for the purpose of protection of the public health, welfare and safety of its residents and visitors, in accordance with current law.

(Ord. 819 § 1)

A. Prohibitions. Except as provided in this section:

1. It is unlawful for any person to camp, occupy camp facilities, use a vehicle to camp in, or use camp paraphernalia in any public place;

2. No person may sit, lie down, or loiter upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon any public sidewalk, or in doorways or entrances to buildings abutting such sidewalks, in such a way as to obstruct pedestrian or vehicular traffic;

3. No person shall loiter in a median within a city street or other city-maintained thoroughfare. "Loiter" for the purposes of this subsection shall mean to linger or remain in the median strip for any purpose, including panhandling, unrelated to safely traversing a street or other roadway, except in an emergency. For the purposes of this subsection, "median strip" means a nonlandscaped, paved, planted, or otherwise landscaped strip of ground dividing a street or highway into lanes according to the direction of travel. This subsection shall not apply to authorized public officers or employees, or employees of a public utility when necessary to enter upon the street and/or median strip in the line of duty;

4. No person is permitted to sleep in an open space as defined in MMC § 4.95.010 at any time;

5. No person may kindle a fire or cook food in any public place, except as otherwise allowed by this code or by license or permit. This section does not prohibit cooking in areas designated for such purposes; and

6. No landowner or occupant of private property may willfully allow, authorize, or permit another person to camp, occupy camp facilities, use camp paraphernalia, or use a vehicle to camp on such private property except as permitted by subsection (D)(2) of this section or as mandated by law. This prohibition is applicable to all private property including parking lots of large markets and retail sales warehouse stores.

B. Exceptions.

1. The prohibitions of this section do not apply to any conduct which is in conformity with the terms of any valid license or permit granted pursuant to this code, including activities conducted on a public sidewalk or in a public place pursuant to a valid license or permit; and

2. Camping on private property in the rear or side yard of a residential structure with the consent of the landowner or occupant is allowed as long as all of the following criteria are satisfied: (a) the camping facility is separated from the street by a fence, hedge, or other permanent obstruction; (b) the camping facility is not visible from public right-of-way; and (c) the camping does not occur for a period longer than forty-eight consecutive hours in a thirty-day period.

C. Picketing or Protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, signature-gathering, voter registration, leafleting, or any other lawful activity permitted under the laws of the United States of America, state of California, or by the National Labor Relations Act in connection with a labor dispute.

D. Affirmative Defenses. It is an affirmative defense to any prosecution under this section that the person is:

1. Sitting, lying down or sleeping because of a medical emergency;

2. Sitting upon a chair or bench located upon the public sidewalk which was placed there by an abutting private property owner or tenant pursuant to a valid permit or by a public agency;

3. Sitting on a sidewalk within a designated bus zone while waiting for public or private transportation; or

4. Sitting or lying on a sidewalk while participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted pursuant to a valid permit.

(Ord. 819 § 1)

A. Storage of Personal Property in Public Places. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia as defined in MMC § 4.95.010, in any public place, improved or unimproved, except as otherwise provided by the city council, or pursuant to a valid license or permit. Nothing herein may be construed to allow storage where otherwise prohibited by this code.

B. Authorization. This section may not limit or be construed to limit the use of camp facilities and camp paraphernalia in public parks, public open space, city streets, parking lots or other public property where such use has been specifically authorized by a valid license or permit.

C. Property Removal. City employees as designated by the city manager may remove personal property unlawfully stored or found in public places as outlined in MMC § 4.95.030 or found in an unlawful encampment as follows:

1. The location of any personal property including camp facilities and paraphernalia must be noticed as follows:

2. City personnel may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired. City personnel must offer the person claiming ownership of the personal property, if any, a list of service agencies providing homelessness assistance resources;

3. Personal property that poses an imminent threat to public health or safety, is contraband, or which is evidence of a crime is not subject to the above notice requirements and must be removed immediately by the city personnel or police and stored or destroyed according to the provisions below;

4. At the time of removal of unlawfully stored or remaining personal property, city personnel must conspicuously post and date and notice either at the exact location from which the personal property was removed or at another nearby location giving the following information:

a. A list of personal property removed;

b. A telephone number for information on retrieving personal property;

c. An address where the personal property is temporarily stored; and

d. The length of time during which the personal property may be claimed.

5. Following removal of unlawfully stored or remaining personal property, city personnel must do the following:

a. Maintain an inventory identifying the personal property, where the personal property is approximately located, and a reasonable estimate of value for such personal property;

b. Place the removed personal property in containers labeled in a manner facilitating identification by city personnel and owner and which reasonably protect such property from damage or theft; and

c. Store removed personal property in an area designated by city for a period of ninety days.

6. Personal property stored by the city which is claimed within ninety days from removal must be released to the person claiming ownership; provided, that person identifies the property and the approximate location where the property was left; and

7. Personal property which remains unclaimed after ninety days is deemed intentionally abandoned and may be summarily abated and destroyed.

(Ord. 819 § 1)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter may be prosecuted for a misdemeanor in accordance with Chapter 1.05 MMC.

B. A violation of any of the provisions of this chapter constitutes a public nuisance and may be abated by the city in accordance with Chapters 1.05 and 6.25 MMC and applicable state laws.

(Ord. 819 § 1)