Chapter 11.40 — ENCAMPMENTS ON PUBLIC PROPERTY

The council finds that the city is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.

(Ord. 2099, 7/25/2024)

For purposes of this chapter, the following definitions apply in this chapter:

"Abatement" means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in Section 11.40.050 (Abatement of encampments).

"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

"Camp" means to 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 purposes or for remaining outdoors overnight.

"City manager" means the city manager, or the city manager's designee.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

"Open space" means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

"Park" means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks.

"Shelter" means any city-funded shelter or shelter provided by the city for shelter placements where individuals or families experiencing homelessness can access beds and other services

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.40.020

§ 11.40.040

or an area designated by the city manager for use by individuals or families experiencing homelessness.

"Waste" means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. Waste does not include compost piles, composting or recyclable material properly contained and disposed of in a timely fashion.

"Waterway" means all the portions of the Whitewater River, Tahquitz Creek, Tahquitz Creek Channel, or any flood control channel located within the boundaries of the city of Palm Springs. (Prior code §§ 4700—4700.5; Ord. 1696 § 2, 2006; Ord. 2099, 7/25/2024)

• (a) It is unlawful for any person to do any of the following:

  • (1) Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

  • (2) Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;

  • (3) Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;

  • (4) Dig on the banks of a waterway; or

  • (5) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.

• (b) Nothing in this Section 11.40.030 is intended to prohibit the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority.

• (Ord. 2099, 7/25/2024)

• (a) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the city manager.

• (b) No person may sleep on public sidewalk, street, alleyway, median, parkway or right-ofway, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk, at any time as a matter of individual and public safety.

• (c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp maintain an encampment, or sleep, where such activity poses:

  • (1) An immediate threat or an unreasonable risk of harm to any natural person;

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 11.40.040

§ 11.40.050

• (2) An immediate threat or an unreasonable risk of harm to public health or safety; or

• (3) Disruption to any business, store, religious institution, educational facility, or government services.

• (d) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment, or sleep, in the following locations:

  • (1) Within two blocks of a school that offers 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 provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of this Section 11.40.040(c) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;

  • (2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;

  • (3) In any open space, waterway, or banks of a waterway;

  • (4) Within any transit hub or bus shelter, or along any rail tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and

  • (5) In any park where the city manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. For purposes of this Section 11.40.040(c)(5), the definition of park does not include open space, as defined in Section 11.40.020.

• (Ord. 2099, 7/25/2024)

The city manager may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:

• (a) Written Notice Required Prior to Abatement.

  • (1) A written notice of clean-up, in english and spanish, will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 72 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and current information:

"You must remove your belongings from the site within 72 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City. The City will post an Impound Notice, in English and Spanish, if belongings are stored during the clean-up process.

If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

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City of Palm Springs, CA § 11.40.050

PEACE, MORALS AND SAFETY

§ 11.40.050

If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. Information about how to claim your belongings is also available on the City's website. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.

You may access shelter or services, including access to storage for your personal belongings, through the City of Palm Springs's website or by calling 2-1-1 Palm Springs."

• (2) After 72 hours, the city manager shall be authorized to conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed or rescheduled, the city manager may conduct abatement within 72 hours of the posted notice of clean-up without reposting a new notice of clean-up. If abatement is delayed longer, the city manager shall repost a notice of clean-up with a new date.

• (b) The city manager shall follow these additional procedures when persons are present at an encampment during abatement:

  • (1) When shelter is available, the city manager shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.

  • (2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.

• (3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the Palm Springs police department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager shall follow the abatement process in this chapter.

• (c) The city manager shall document the abatement process as follows:

  • (1) Photograph or video record the site before any abatement begins;

  • (2) Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage;

  • (3) Set out items contained in bags or suitcases, and photograph the items;

  • (4) Photograph or video record all items to be stored;

  • (5) Photograph or video record the cleanup process; and

  • (6) Photograph or video record the site after abatement has concluded.

• (d) Unclaimed items found in abatement shall be eligible for storage if:

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City of Palm Springs, CA § 11.40.050

PALM SPRINGS CODE

§ 11.40.050

• (1) Circumstances indicate that the item belongs to a person;

• (2) The item has apparent utility in its current condition and circumstances; and

• (3) The item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.

• (e) An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:

  • (1) Hazardous, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

  • (2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

  • (3) Practically un-storable, due to large size, weight, or other similar characteristic;

  • (4) Contraband or stolen; or

  • (5) Is on the city manager's current list of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

• (f) The city manager shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused following the process in Palm Springs Municipal Code Section 11.40.060 (Abandoned personal property).

• (g) After abatement has concluded and when eligible items are collected and will be placed in storage, the city manager shall post notices, in english and spanish, at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the city's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person's criminal background or outstanding warrants.

• (h) Expedited Abatement.

  • (1) In an expedited abatement, the city manager shall follow the same abatement and storage procedures in Section 11.40.050 (Abatement of encampments), but shall post a notice of clean-up, in english and spanish, giving a minimum of three hours for all persons to remove their personal property.

  • (2) The city manager shall prioritize and expedite the removal of an encampment if:

    • (A) The city receives direction from county of Riverside or other governmental authority that abatement of the encampment is necessary to preserve public

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.40.050

§ 11.40.070

health or safety, including to address known or suspected outbreaks of diseases; or

• (B) The city manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

• (Ord. 2099, 7/25/2024)

• (a) Any personal property or possessions located on public property that are unattended and whose owner cannot be readily identified are presumed to be abandoned and, pursuant to Civil Code Section 2080.7, the provisions of Municipal Code Section 7.07.020 (Disposition of surplus property) do not apply. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possessions found during the abatement process in Municipal Code Section 11.40.050 shall first be stored as required by that section.

• (b) Unattended personal property or possessions that are unsanitary, soiled or verminous may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed of or recycled by the city manager or donated for reuse.

• (Ord. 1696 § 3, 2006; Ord. 2099, 7/25/2024)

• (a) Violations of this chapter may be prosecuted as misdemeanors subject to the fines and custody provisions in Palm Springs Municipal Code Section 1.01.160.

• (b) Law enforcement officers shall not enforce a violation of Section 11.40.040(a) or 11.40.040(b), or both, when the person is on public property at a time when there is no available shelter. For purposes of this section, available shelter means the shelter is reasonably available to that specific person at the time the proposed enforcement is taking place, taking into consideration any disability or other specific circumstances applicable to that person.

• (c) Sections 11.40.030 and 11.40.040 (c) and (d) are enforceable at all times regardless of shelter availability.

• (d) The city manager and police chief shall each have the authority to, and shall, issue administrative regulations in order to implement the administration and enforcement of this chapter. Such regulations shall include, but not be limited to, processes for the provision of information regarding housing and other social services prior to citation or arrest of individuals, as well as a process for determining whether and how many shelter beds are available at a given time. Such regulations shall be posted and maintained on the city's police department website. City staff shall bring back to city council, as a receive and file agenda item, any such administrative regulations, and any amendments thereto.

• (Prior code § 4703; Ord. 2099, 7/25/2024)

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City of Palm Springs, CA

PEACE, MORALS AND SAFETY

§ 11.44.010

§ 11.44.030