Orland Municipal Code Ch. 8.50 Unlawful Camping

The streets and public areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this chapter is to maintain streets, parks and other public areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(Ord. No. 2024-06)

As used in this chapter:

"Camp" means to utilize camp facilities and/or paraphernalia, including but not limited to laying down of bedding for the purpose of temporarily or permanently sleeping or living at that location. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, that the participants conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

"Camp facilities" include, but are not limited to, tents, huts, lean-tos, tarps, cardboard boxes or structures, vehicles, vehicle camping outfits, or temporary shelter.

"Camp paraphernalia" includes, but is not limited to, materials intended to be used as beds or bedding, blankets, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.

"City manager" means the city manager or designee.

"Establish" means setting up or moving equipment, supplies or materials on to public property to camp or operate camp facilities.

"Maintain" means keeping or permitting equipment, supplies or materials to remain on public property in order to camp or operate camp facilities.

"Operate" means participating or assisting in establishing or maintaining a camp or camp facility.

"Public property" means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks.

(Ord. No. 2024-06)

A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia in or on any public property. The city manager may, as provided in Section 8.50.050 of this chapter, issue a temporary permit to allow camping on public property in connection with a special event.

B. It is unlawful and a public nuisance for any person to wash one's body or belongings in a fountain or other water source located on public property.

C. It is unlawful and a public nuisance to urinate or defecate in or on public property.

(Ord. No. 2024-06)

A. A violation of this chapter is a misdemeanor, and upon conviction, confinement of up to twelve (12) months in jail and/or fines of up to one thousand dollars ($1,000.00) per violation, plus payment for the city's actual costs of transporting and storing property of the violator. In addition to the remedies set forth in Penal Code Section 370, et seq., the city attorney may institute civil actions to abate a public nuisance under this chapter.

B. An individual charged with violation of this chapter, in lieu of being taken to jail may, at the election of the citing police officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment.

(Ord. No. 2024-06)

The city manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and scouting activities. The city manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. The city may establish a reasonable fee, to be paid in advance by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.

Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 370, et seq., the city attorney may institute civil actions to abate a public nuisance under this chapter.

(Ord. No. 2024-06)

It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the city manager in accordance with the provisions of Section 8.50.050 of this chapter.

(Ord. No. 2024-06)

The city manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The city manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the city manager shall issue any permit under the terms of Section 8.50.050 of this chapter, the same may be revoked at any time thereafter by the city manager if the city manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.

(Ord. No. 2024-06)