Milpitas Municipal Code Ch. 9 Use of Rights-of-Way and Public Property

(a) No person shall obstruct a street, sidewalk, or other public right-of-way:

(1) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time;

(2) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within ten feet of any operational or utilizable driveway or loading dock;

(3) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within five feet of any operational or utilizable building entrance, building exit, or any area designated as an emergency egress pathway or corridor;

(4) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within five feet of any fire hydrant, fire plug, or other fire department connection;

(5) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the City has issued a permit;

(6) By sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure within the public right-of-way between 7:00 a.m. and 11:00 p.m.

(b) No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, or by erecting any tent or structure anywhere within the street, bike lane, bike path, or other public right-of-way, as specified for use by motor vehicles or bicycles.

(c) Except as limited by Subsection (d), no person shall:

(1) Sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a property designated as a sensitive use. For a property to be designated as a "sensitive use," the property must be a Public Building, School, Day Care Center, Public Park, Recreation Center, or Public Library;

(2) Sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way within the distance stated on the posted signage (up to a maximum of 500 feet) of a designated overpass, underpass, tunnel, bridge, pedestrian bridge, wash, or spreading ground, where the City Council determines, in the designating resolution, that the public health, safety, or welfare is served by the prohibition, including, without limitation, by finding that sleeping or lodging within the stated proximity to the designated area is unhealthy, unsafe, or incompatible with safe passage;

(3) Sit, lie, sleep, or store, use, maintain, place personal property, or erect any tent or structure in or upon any street, sidewalk, or other public right-of-way that has been posted with signage prohibiting sitting, lying, sleeping, or storing, using, maintaining, or placing personal property. In order to designate a section of street, sidewalk, or other public right-of-way as prohibited under this subdivision, the City Council shall determine, in a designating resolution and based on specific documentation, that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public health or safety. For each such location, a prohibition pursuant to this subdivision shall be effective for a period of time specified in the resolution, but not to exceed one year.

(d) No person shall be found to be in violation of any prohibition set forth in Subsection (c), unless and until: (i) the City Council has taken action, by resolution, to designate a specified area or areas for enforcement against sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, erecting a tent or structure, or otherwise obstructing the public right-of-way; (ii) the City has posted signage at the designated area or areas set forth in the resolution, with such signage including reference to any required findings adopted in the resolution, and giving notice of the date after which no sitting, lying, sleeping, or storing, using, maintaining, or placing personal property, or otherwise obstructing the public right-of-way will be allowed; and (iii) at least seven calendar days have passed from the date on which the signage is posted at the designated area or areas. For the purpose of this section signage may be attached to existing structures or foliage.

(e) Violations of this section involving a person who willfully resists, delays, or obstructs a City employee or contractor from enforcing this section or who willfully refuses to comply after being requested to do so by an authorized City employee shall be subject to the penalties set forth in Milpitas Municipal Code section I-1-4.09-2.00. All other violations of this section shall be enforceable pursuant to Milpitas Municipal Code section X-9-3.00. Violation of this section constitutes a public nuisance that may be abated pursuant to Milpitas Municipal Code section X-9-2.00.

(f) The prohibitions in this section shall not apply to any person:

(1) Sitting or lying down on a public sidewalk due to a medical emergency;

(2) Using a wheelchair, walker, or similar device as the result of a disability;

(3) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a sidewalk use permit;

(4) Participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted on the public sidewalk pursuant to and in compliance with a street use or other applicable permit;

(5) Sitting on a fixed chair or bench located on the public sidewalk supplied by a public agency or by the abutting private property owner;

(6) Sitting in line for goods or services unless the person or person's possessions impede the ability of pedestrians to travel along the length of the sidewalk or enter a doorway or other entrance alongside the sidewalk; or

(7) Who is a child seated in a stroller.

(g) No person shall be cited under this Section unless the person engages in conduct prohibited by this Section after having been notified by a peace officer that the conduct violates this Section.

(Ord. 228.1, § 2, 9/20/22)

(a) Personal property, tents and structures stored in violation of Milpitas Municipal Code section X-9-1.00 constitute a public nuisance that may be abated in accordance with the following requirements.

(b) Notices.

(1) Notice of Intent to Remove Property. The City shall provide residents in violation of section X-9-1.00 notice of the City's intent to remove property no less than 24 hours in advance of any action to remove property. Notice shall be in writing and shall be served personally on the resident or residents in possession of the property when the City official or employee enforcing the prohibition serves the notice. In addition, the City official or employee shall post the notice on or near the property, so as reasonably to communicate the notice to persons with an interest in such property but not present during the attempt to serve notice. The notice shall contain the following information:

(A) The location of the property constituting a nuisance;

(B) The date and time notice is served or posted;

(C) A statement that the property violates section X-9-1.00;

(D) A statement that the City will remove the property 24 hours after the date and time of the notice;

(E) A statement that there is Housing or Shelter and Homeless Services available for residents and the phone number and address to contact in order to obtain the Housing or Shelter and Homeless Services;

(F) A statement that any personal property remaining at the location when the City returns to abate the nuisance will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and

(G) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved and that the City will charge no fee for storage or retrieval.

(2) Notice Following Abatement. When the City removes personal property, a written notice shall be given conspicuously posted in the area from which the personal property was removed. The notice shall contain the following information:

(A) The location of the property removed;

(B) A statement that the property violated section X-9-1.00;

(C) A general description of any personal property removed;

(D) The date and time the personal property was removed;

(E) A statement that the personal property will be stored for at least 90 days, and the address, phone number, and operating hours of the location where the personal property is being stored and may be retrieved and that the City will charge no fee for storage or retrieval; and

(F) A statement that if the personal property is not retrieved within 90 days, it will be discarded.

(Ord. 228.1, § 2, 9/20/22)

(a) Violations of any section of this chapter shall be subject to the penalties set forth:

(1) First Offense. Any person violating any provision of this Chapter shall be guilty of an infraction. Upon conviction, the violator shall be punished by a fine of not less than $50 or more than $100 and/or community service, for each provision violated.

(2) Subsequent Offenses. Any person violating any provision of this Chapter within 24 hours after violating and being cited for a violation of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than $300.00 and not more than $500.00, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than ten days, or by both such fine and imprisonment. Any person violating any provision of this Section within 120 days after the date of conviction of a violation this Section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $400.00 and not more than $500.00, and/or community service, for each provision violated, or by imprisonment in the County Jail for a period of not more than 30 days, or by both such fine and imprisonment.

(Ord. 228.1, § 2, 9/20/22)

Upon the request of the City Council, the Police Department shall make a written report to the Mayor and the City Council that evaluates the effectiveness of enforcement of this Chapter on the City's neighborhoods.

(Ord. 228.1, § 2, 9/20/22)