National City Municipal Code Ch. 10.55 Regulations for Encampments on Public Property

Footnotes:

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Editor's note— Ord. No. 2024-2534, adopted September 17, 2024, set out provisions intended for use as §§ 10.56.010—10.56.060. Inasmuch as there were already provisions so designated, said section has been codified herein as §§ 10.55.010—10.55.060 at the discretion of the editor.

Public property throughout the city should be readily accessible and available to all people and businesses at large. The use of public property for camping purposes interferes with the rights of others to use and enjoy the public property as it was intended. Such activity presents a public health and safety hazard which adversely impacts all people and sensitive public land. The purpose of this chapter is to establish a standard for the protection of the life, health, and safety of all people, which includes residents of such unauthorized encampments, and the protection of sensitive public lands to avoid the destruction of these assets. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary use of public property. This chapter shall be interpreted in a manner that is consistent with applicable state and federal law.

(Ord. No. 2024-2534, § 1, 9-17-2024)

Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section.

A. "Abatement" means the process of documenting and collecting valuable items for temporary storage, removing and disposing of, recycling, or reusing of waste at an encampment as authorized by the National City Administrative Policy Manual Chapter 10.04.

B. "Camp" or "Camping" means to place, pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living, accommodation or habitation purposes or for remaining outdoors overnight.

C. "Camp Paraphernalia" includes, but is not limited to, tarps, cots, beds, sleeping bags, hammocks, bedrolls, camp stoves, cooking equipment, buckets, and similar equipment or items that are accessory to encampments, mattresses, couches, dressers, or other furniture.

D. "Encampment" means one or more temporary, makeshift, or hand-built shelters, including tents or huts, used for one or more persons or their belongings and without permitted authorization by property owner.

E. "Official" or "Officer" means any official or officer who is charged by the Municipal Code with code enforcement authority.

F. "Park" means the same as defined in Section 18.50.010 of Title 18.

G. "Public Property'' means all property that is owned by the city including, but not limited to, streets, alleys, parking lots, sidewalks, parks, waterways, natural areas abutting waterways, and improved or unimproved land.

H. "School" means institutions that offer instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education. This does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

I. "Shelter'' means any city-funded shelter or an area designated by the city manager within the city where unsheltered individuals or families can access beds or other services.

J. "Sidewalk" means the same as defined in Section 18.50.010 of Title 18.

K. "Street" means the same as defined in Section 18.50.010 of Title 18.

L. "Waste" means materials of any nature that constitute rubbish in Section 18.50.010. Waste also means abandoned personal property that is left unattended in or upon public property. Waste does not mean recyclable material properly contained and disposed of in a timely fashion.

M. "Waterway" means all portions of Sweetwater River and Paradise Creek and drainage culverts found within the boundaries of the city of National City.

(Ord. No. 2024-2534, § 1, 9-17-2024)

A. It is unlawful for any person to cause damage to a waterway.

B. It is unlawful for any individual to do any of the following:

1. Erect an encampment or any other structure along the bank of a waterway, in any natural area abutting a waterway, or drive or affix an object into any tree or other natural area vegetation for the purpose of erecting an encampment or any other structure;

2. Reconfigure the natural landscape in the waters of or along the banks of a waterway for the purpose of erecting an encampment or any other structure;

3. Drive, park, or bring any vehicle along the banks of a waterway, unless otherwise permitted;

4. Dig in the banks of a waterway for the purpose of erecting an encampment or any other structure;

5. Accumulate or fail to properly dispose of waste including, but not limited to, hazardous waste, human waste, animal waste, garbage, debris, rubbish, and used needles, in the waters of or along the banks of a waterway.

C. Nothing in Section 10.55.030 is intended to prohibit the activities of an owner of private property or any other lawful user of private property so long as they are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of any other lawful user if such activities are expressly authorized by the city manager or by any law, regulation, or ordinances.

(Ord. No. 2024-2534, § 1, 9-17-2024)

A. It is unlawful and a public nuisance for any individual to do the following in an encampment located in or upon any public property unless specifically authorized by the city manager:

1. Camp, occupy camping facilities, or use camp paraphernalia; or

2. Accumulate or fail to properly dispose of waste including, but not limited to, hazardous waste, human waste, animal waste, garbage, debris, rubbish, and used needles.

B. Section 10.55.040(A) is applicable at all times, in the following locations:

1. Within two blocks of a schools provided that signs are posted prohibiting encampments that are clearly visible to pedestrians;

2. In any waterway or natural area abutting a waterway; and

3. Within any transit hub, on any trolley platform, or along any trolley tracks provided that signs are posted prohibiting encampments that are clearly visible to pedestrians.

C. Nothing in Section 10.55.040 is intended to prohibit the activities of an owner of private property or any other lawful user of private property so long as they are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of any other lawful user if such activities are expressly authorized by the city manager or by any law, regulation, or ordinances.

(Ord. No. 2024-2534, § 1, 9-17-2024)

Any activity in violation of this chapter is declared to be a public nuisance, and the city is authorized to abate the nuisance and remove the encampment as authorized by the National City Administrative Policy Manual Chapter 10.04.

(Ord. No. 2024-2534, § 1, 9-17-2024)

This chapter may be enforced by any official or officer who is charged by the Municipal Code with code enforcement authority. Violation of any provision of this chapter shall be punishable as a misdemeanor subject to fines and custody provisions as prescribed in Chapter 1.20 of the National City Municipal Code. This chapter may also be enforced via administrative or civil actions as authorized by the Municipal Code. Violations of this chapter are punishable at all times.

(Ord. No. 2024-2534, § 1, 9-17-2024)