Nevada City Municipal Code Ch. 9.14 Conduct on Public Property

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Editor's note— Chapter 9.14 as adopted by Ordinance 97-02 was effectively repealed at the general municipal election in June of 1998 by approval of Measure C which provided that it not be added to the Code. Ord. No. 2012-01, § I, adopted January 11, 2012, repealed the former Ch. 9.14, §§ 9.14.010—9.14.080, and § II of said ordinance enacted a new Ch. 9.14 as set out herein. The former Ch. 9.14 pertained to similar subject matter and derived from Ord. 97-02 (part), 1997; Ord. No. 2011-10, § I, 8-24-2011.

Nothing herein contained is intended or nor shall it be construed to be in conflict with or as a limitation upon any of the provisions of the Penal Code, Business and Professions Code, Education Code, Health and Safety Code, Labor Code, or Vehicle Code of the State of California.

(Ord. No. 2012-01, § II, 1-11-2012)

For the purpose of this chapter, certain terms and words are defined as set out in this section:

"Camp" means to use a certain location or area for living accommodation purposes such as overnight sleeping activities between 10:00 p.m. and 8:00 a.m., or making preparations to sleep (including the laying down of bedding and/or erecting any tents or parking any vehicles for the purpose of sleeping) overnight or for an indeterminate period. These activities constitute "camping" when it reasonably appears, in light of all the circumstances that a person(s) is using an area as a living accommodation regardless of their intent or the nature of any other activities in which they might also be engaging.

"City properties" means all facilities and areas owned, leased or licensed by the city, including, without limitation, open space areas listed in Section 8.24.030 of this Code.

"Code" means this Municipal Code of the City of Nevada City.

"Code of conduct" means a list of restrictions regulating conduct of campers to minimize potential adverse impacts of temporary camping, lodging and overnight stays on the city and its residents to be drawn up by the police chief in cooperation with interested persons and agencies and periodically reported by the city council.

"Municipal parking lot" means any city-owned, leased, or managed public parking facility.

"Offstreet parking facility" has the meaning given to it in California Vehicle Code § 14605(c).

"Police officer" includes members of the volunteer police reserve, and community service officers, in addition to the chief of police and regular officers of the police department.

"Public property" means any property open to public use and includes "city properties", "municipal parking lots", "offstreet parking facilities" open to public use, "public ways", and "recreational areas".

"Public way" means any sidewalk, street, or other public right-of-way.

"Recreational areas" means any area owned or operated by the city and open to the general public for recreational purposes, including, without limitation, parks, picnic areas, playgrounds, sports fields, walking paths, trails, and bike paths and those facilities listed in Section 8.24.03 of this Code.

(Ord. No. 2012-01, § II, 1-11-2012; Ord. No. 2012-07, § I, 12-12-2012; Ord. No. 2014-04, § I, 11-12-2014)

No person, after having been reasonably notified by a police officer that he or she is in violation of the prohibition in this section, shall willfully and maliciously obstruct the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public.

(Ord. No. 2012-01, § II, 1-11-2012)

A. Except as otherwise expressly exempted in subsection B, it is unlawful for any person to camp, lodge, or stay overnight within Nevada City in or on public property, municipal parking lots or offstreet parking facilities open to public use, public ways, City Properties, and Recreational Areas without advance notice to and written approval from the Nevada City Police Chief or his designated representative pursuant to subsection C, or on any private property without first obtaining permission of the owner and making adequate arrangements to assure sanitary conditions and proper waste disposal. This prohibition shall apply whether or not such person is camping or lodging within or without any automobile, van, motor home, trailer coach, tent or other place of shelter.

B. Provided that adequate measures have been taken to assure sanitary conditions and proper waste disposal and there is compliance with city noise control regulations in Chapter 8.20 of this Code, any rules and regulations adopted for the area, and the camper's Code of conduct, the prohibition in subsection A shall not apply to prohibit camping with a permit issued pursuant to subsection C.

C. The Police Chief or his designated representative, subject to reporting to and review of the City Council, may establish criteria for approval of and issue permits for non-exempt temporary camping, lodging or overnight stay permits that protect the health, safety, and welfare of the permittees and the public that, at a minimum, require appropriate measures to assure sanitary conditions, proper waste disposal, adequate water sources, adequate buffering from adjacent rights-of-way, subject to permittees' agreement to and compliance with a Code of Conduct, and impose additional conditions, including time, location, and numbers on his approval as he deems necessary to protect the public health, safety, and welfare and, subject to fee waivers based upon need, payment of a reasonable fee for review of applications in an amount to be set by resolution. Notwithstanding the restrictions of this section, the City may, by resolution adopt a permit process and appropriate rules and regulations to allow camping or overnight stays, subject to a reasonable fee, in or on designated public property under certain conditions in special circumstances.

(Ord. No. 2012-07, § II, 12-12-2012; Ord. No. 2014-04, § II, 11-12-2014)

Any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, shall be punishable by the maximum penalty established by state law, with the current penalty being a fine not exceeding one hundred dollars ($100.00) for the first violation; a fine not exceeding two hundred dollars ($200.00) for the second violation with one (1) year; and a fine not exceeding five hundred dollars ($500.00) for the third violation with one (1) year. A fourth and subsequent violations within any twelve (12) month period shall be punished as a misdemeanor as provided by state law.

(Ord. No. 2012-01, § II, 1-11-2012; Ord. No. 2014-04, § III, 11-12-2014)

It is not the intent of this chapter to prohibit protesting, picketing, demonstrating, leafleting, or any other lawful activity permitted under the laws of the state of California, the Constitution of the United States of America, or by the National Labor Relations Act in connection with a labor dispute.

(Ord. No. 2012-01, § II, 1-11-2012)

The regulations set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to this chapter, set forth by the State of California or elsewhere in the city's code.

(Ord. No. 2012-01, § II, 1-11-2012)