Chapter 9.50 — CAMPING WITHIN CITY LIMITS

The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing certain city personnel to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health and safety. (Ord. 879 § 1, 2024)

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:

• A. "Abandoned" shall mean any property that, based on words, act, or other objective indications, it is reasonable to conclude a person has relinquished ownership of.

• B. "Camp" and "camping" shall mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.

• C. "Camp facilities" include, but are not limited to, tents, huts, or temporary shelters.

• D. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city-designated cooking facilities and similar equipment.

• E. "Clean and clear" means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.

• F. "Personal effects" or "personal property" shall mean medication, eyeglasses, or other medical devices, a sanitary and nonverminous sleeping bag or bed roll, tents in usable and reasonably good condition, and clean and nonverminous clothing stored in a manner protecting it from the elements.

• G. "Store" shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.

• H. "Enforcement officer" shall mean any code enforcement, peace officer, community resource officer, school resource officer, city official having authority to enforce this code, or designee.

• (Ord. 879 § 1, 2024)

Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Patterson Municipal Code or as otherwise permitted under law. (Ord. 879 § 1, 2024)

It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas: (1) any park; (2) any street; (3) any public parking lot or public area, improved or unimproved; or (4) any private property, except as otherwise provided below:

• A. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five consecutive nights.

• B. Nothing in this chapter is intended to prohibit or make unlawful 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 for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by the city's comprehensive zoning ordinance or other laws, ordinances and regulations.

• C. The city manager may issue a temporary permit to allow camping on public or private property in connection with a special event.

• (Ord. 879 § 1, 2024)

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council: (A) any park; (B) any street; (C) any public parking lot or public area, improved or unimproved; or (D) any private property without the consent of the property owner.

Personal property placed in public areas shall be deemed to be stored personal property if it has not been removed from public areas within forty-eight hours of service of written notice requiring such removal. If after removal the personal property is returned to the public area at any time thereafter, the violator shall be subject to citation. (Ord. 879 § 1, 2024)

Property that poses an immediate threat to life, health, or safety, or property may be immediately removed. For all other property, the enforcement officer may remove personal property unlawfully stored or found in a city park, any street, or any public parking lot or public area, improved or unimproved, as follows:

• A. The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in a City park, street, public parking lot, or public area, improved or unimproved. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), or if after removal the personal property is returned to the public area at any time thereafter, THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.

• B. In addition to the language prescribed in subsection A of this section, the notice shall also include (1) a general description of the personal property to be removed, (2) the date and time the notice was posted, (3) the location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property, and (4) that the impounded personal property may be discarded or destroyed if not claimed within ninety days after impoundment.

• C. The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.

• D. Post-Removal Notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include (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 this chapter, (4) the location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property, and (5) that the impounded personal property may be discarded or destroyed if not claimed within ninety days after impoundment.

• E. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.

• (Ord. 879 § 1, 2024)

• A. Following removal of unlawfully stored or remaining personal effects, an enforcement officer shall:

  1. Maintain an inventory identifying the personal effects and where the personal effects were approximately located;

  2. Contact code enforcement personnel, who shall place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protects such property from damage or theft; and

  3. Code enforcement shall store removed personal effects in an area designated by the city for a period of ninety days.

• B. If personal effects are claimed within ninety days from removal, unless the property is connected to a crime or is illegal to possess, code enforcement shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.

• C. Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety days from removal shall be dedicated for public use and may be given for charitable use to a local nonprofit agency, placed for sale pursuant to this code, or discarded.

• (Ord. 879 § 1, 2024)

• A. The violation of any provision of this chapter shall constitute an infraction punishable by:

  1. A fine not exceeding two hundred fifty dollars for a first violation.

  2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.

  3. If any provision of this section shall be violated a third or more times within one year of the original violation, each such violation shall constitute a misdemeanor.

     • a. Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.

• B. A violation of this chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the city attorney may institute civil or administrative actions to abate a public nuisance under this chapter or remedy any failure to comply with any of the requirements of this chapter. A violation may be prosecuted by the city attorney or the district attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The city may pursue any other legal remedies, criminal or civil, to address a violation of this chapter.

• (Ord. 879 § 1, 2024)