Chapter 8.54 — PUBLIC HAZARDS

The city enacts this chapter to balance the needs of the residents and public at large to access clean and sanitary public areas consistent with the intended uses for the public areas, with the needs of the individuals who have no other alternatives for the storage of personal property, to retain access to a limited amount of personal property in public areas. This section attempts to balance the needs of all of the city's residents.

(Ord. No. 2024-06)

As used in this chapter:

"Alley" means any highway having a roadway not exceeding twenty-five (25) feet in width which is primarily for access to the rear or side entrances of abutting property.

"Bikeway" means all facilities that provide primarily for, and promote, bicycle travel.

"City employee" means any full or part-time employee of the city of Orland, or a contractor retained by the city for the purpose of implementing this chapter.

"Essential personal property" means any and all personal property that cumulatively is less than two cubic feet in volume, which, by way of example, is the amount of property capable of being carried within a backpack.

"Excess personal property" means any and all personal property that cumulatively exceeds the amount of property that could fit in a sixty (60)-gallon container with the lid closed.

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.

"Person" means any individual.

"Personal property" means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents, and medication.

"Public area" or "public areas" means all property that is owned, managed or maintained by the city, and shall include, but not be limited to, any street, medial strip, space, ground, building or structure.

"Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel.

"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel.

"Storage facility" means any facility, whether operated by a public, non-profit or private provider, which allows and has capacity for voluntary storage, free of charge, for a homeless person to store personal property up to the equivalent of the amount of property that would fit into a single sixty (60)-gallon container with the lid closed.

"Store", "stored", "storing" or "storage" means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored with the permission of the city or state on real property that is owned or controlled by the city.

"Street" includes every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curbs, bikeway or other public way in the city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

"Tent" means a collapsible shelter made of fabric such as nylon or canvas or a tarp stretched and sustained by supports, which is not open on all sides, and which hinders an unobstructed view behind or into the area surrounded by the fabric. In order to qualify as a tent for purposes of this subsection, a tent, when deconstructed, must be able to fit within a sixty (60)-gallon container with the lid closed.

"Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

(Ord. No. 2024-06)

property.

A.

No person shall store any unattended personal property in a public area. With pre-removal notice as specified in Section 8.54.040(A), the city may impound any unattended personal property in a public area, regardless of volume. Post-removal notice shall be provided as set forth in Section 8.54.040(A).

B.

No person shall store any attended excess personal property in a public area. With pre-removal notice as specified in Section 8.54.040(A), the city may impound any attended excess personal property stored in a public area. Post-removal notice shall be provided as set forth in Section 8.54.040(B).

C.

No person shall store any personal property in a public area in such a manner as to obstruct city operations, including a street or sidewalk maintenance or cleaning. Without prior notice, the city may temporarily move personal property, whether attended or unattended, which is obstructing city operations in a public area, including a street or sidewalk maintenance or cleaning, during the time necessary to conduct the city operations. The city may also impound personal property that is obstructing city operations in a public area, pursuant to Sections 8.54.030(A) or 8.54.030(B).

D.

No person shall store any personal property in a public area in such a manner that it does not allow for 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. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, stored in a public area in such manner that it does not allow for the passage as required by the ADA. Post-removal notice shall be provided as set forth in Section 8.54.040(B). A violation of this section is governed by Section 8.52.050.

E.

No person shall store any personal property, whether attended or unattended, within:

Ten (10) feet of any operational or utilizable driveway or loading dock;

Five feet of any operational or utilizable building entrance or exit; or

Two feet of any fire hydrant, fire plug, or other fire department connection.

Without prior notice, the city may move or may immediately impound any personal property, whether attended or unattended, stored in a public area in violation of this section. Post-removal notice shall be provided as set forth in Section 8.54.040(B).

F.

No person shall store any personal property in a public area that has a clearly posted closure time after the posted closure time. Without prior notice, the city may remove and impound personal property, whether attended or unattended, stored in a public area that has a clearly posted closure time, provided the personal property is removed and impounded after the posted closure time. Post-removal notice shall be provided as set forth in Section 8.54.040(B).

G.

No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an immediate threat to the health or safety of the public. Without prior notice, the city may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public.

H.

No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes evidence of a crime or contraband. Without prior notice, the city may remove and discard any personal property that constitutes evidence of a crime or contraband, as permissible by law.

I.

No person shall store any personal property, whether attended or unattended, in such a manner that obstructs or interferes with any activity in a public area for which the city has issued a permit. Without prior notice, the city may move any personal property stored in a public area in violation of this section. With pre- removal notice as specified in Section 8.54.040(A), the city may impound any personal property stored in violation of this section. Post-removal notice shall be provided as set forth in Section 8.54.040(B). A violation of this section is governed by Section 8.52.050.

J.

No person shall store any personal property, whether attended or unattended, in such a manner as to obstruct any portion of a street or other public right-of-way open to use by motor vehicles, a designated bike lane or bike path, or other public right-of-way open exclusively to use by bicycles. Without prior notice, the city may move and may immediately impound any personal property, whether attended or unattended, in violation of this section. Post-removal notice shall be provided as set forth in Section 8.54.040(B). A violation of this section is governed by Section 8.52.050.

K.

No person shall store any personal property, whether attended or unattended, in violation of Section 8.54.030(C). The city may move and may immediately impound any personal property, whether attended or unattended, in violation of this section. Pre-removal notice and post-removal notice will be provided by erecting signage providing notice that storage of personal property is a violation of Chapter 8.54, which may result in removal or impoundment of the personal property. The signage must also provide information on retrieval of the personal property and provide notice that the personal property may be discarded, if not claimed within ninety (90) days. A violation of this section is governed by Section 8.52.050.

L.

No person shall store any personal property, whether attended or unattended, in violation of Section

With pre-removal notice as specified in Section 8.54.040(A) or posted signage, the city may

impound any personal property, whether attended or unattended, in violation of this section. If the city has not posted signage, post-removal notice shall be provided as set forth in Section 8.54.050(B). A violation of this section is governed by Section 8.52.050.

(Ord. No. 2024-06)

A.

Pre-Removal Notice. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property and the actual removal commences at least twenty-four (24) hours after the pre- removal notice is posted. The written notice shall contain the following:

(1)

A general description of the personal property to be removed.

(2)

The location from which the personal property will be removed.

(3)

The date and time the notice was posted.

(4)

A statement that the personal property has been stored in violation of Section 8.54.030.

(5)

A statement that the personal property may be impounded if not removed from public areas within twenty- four (24) hours.

(6)

A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area.

(7)

The address where the removed public property will be located, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property as well as information as to voluntary storage location(s).

(8)

A statement that impounded personal property may be discarded if not claimed within sixty (60) days after impoundment.

B.

Post-Removal Notice. Upon removal of stored personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written notice shall contain the following:

(1)

A general description of the personal property removed.

(2)

The date and approximate time the personal property was removed.

(3)

A statement that the personal property has been stored in violation of Section 8.54.030.

(4)

The address where the removed personal property will be located including a telephone number and internet website of the city through which a person may receive information as to impounded personal property.

(5)

A statement that impounded personal property may be discarded if not claimed within sixty (60) days after impoundment.

(Ord. No. 2024-06)

A.

Except as specified herein, the city shall move personal property to a place of storage.

B.

Except as specified herein, the city shall store impounded personal property for sixty (60) days, after which time, if not claimed, may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than sixty (60) days.

C.

The city shall maintain a record of the date any impounded personal property was discarded.

(Ord. No. 2024-06)

The owner of impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership. A person may establish proof of ownership by, among other methods, describing the location from and date when the personal property was impounded from a public area, and providing a reasonably specific and detailed description of the personal property. Valid, governmental-issued identification is not required to claim impounded personal property.

(Ord. No. 2024-06)

The city manager is hereby authorized to promulgate rules, protocols, and procedures for the implementation and enforcement of this chapter, consistent with the provisions herein.

(Ord. No. 2024-06)