Chapter 7.52 — PROHIBITED CAMPING AND ENCAMPMENT REMOVAL PROCEDURE

Bulky item means any single item that is over 50 pounds and requires more than two persons to safely lift.

Camp or camping means residing in or using any city property or property with sensitive uses for one or more nights for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or using any tents, or storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire using Bunsen burners or other heating items, or regularly cooking meals. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using city property as a living accommodation for one or more nights, with the intent to camp.

Camp facilities include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

Camp paraphernalia include, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, shopping carts, recyclable material and/or non-city designated cooking or heating facilities and similar equipment, or personal possessions that would facilitate one's use of a park, city property, or any portion of the public right-of-way as a temporary residence.

City means the City of Perris.

City manager means the city manager or their designee.

City property means all property, parks, rights of way, parking lots, easements or other land owned, leased, controlled, or managed by the city.

Code means the Perris Municipal Code.

Director means the public works director or their designee.

Encampment means a location or locations in the public right-of-way or on city property or property with sensitive uses where camp(s), camp facilities, and/or camp paraphernalia have been set up for 24 hours or more.

Items of apparent value means items having an apparent value of $50.00 or more.

PEH means persons experiencing homelessness.

Sensitive uses means an educational institution (including, but not limited to K—12, community/junior college, and vocational schools), public facilities (including, but not limited to public library property, school district property, fire station property, and law enforcement property), daycare centers, places of worship, and facilities serving the youth.

(Ord. No. 1451, § 2, 2-25-2025)

No person may camp on city property without prior written approval of the city. Violators are subject to the penalties and remedies set forth in this chapter.

No person may camp on property with sensitive uses without authorization from the property owner. Violators are subject to the penalties and remedies set forth in this chapter.

Subject to chapter 10.24 and section 19.69.020, this section applies to the parking of vehicles, including recreational vehicles, for the purpose of overnight camping in residential areas.

(Ord. No. 1451, § 2, 2-25-2025)

(a)

A citation for a violation of this chapter shall be an infraction for the first offense. At the city's discretion, it may issue administrative citations under chapter 1.18 for the first offense. Violations thereafter shall be a misdemeanor. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. Methods of enforcement for violations of this chapter are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate.

(b)

For any violation of this chapter following the first citation, the individual(s) will be subject to a ban from all city parks for a period of one year.

(c)

Any encampments established in violation of this chapter shall be subject to the encampment removal provisions of this chapter.

(Ord. No. 1451, § 2, 2-25-2025)

Prior to removing an unpermitted encampment, the city manager shall perform an assessment of the encampment, which shall include prioritization of the encampment as either Priority Level 1 or Priority Level 2 as follows:

(a)

"Priority Level 1" means the encampment is a critical priority and an expeditious/urgent removal is needed. Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed. This is limited to exigent circumstances including, but not limited to, instances where the encampment is on or near an unstable structure at risk of collapse, the

encampment is close to traffic and the PEH in the encampment are at immediate risk of getting hit by vehicles, the encampment is blocking the public right-of-way, or the encampment is blocking ingress and egress from city property.

(b)

"Priority Level 2" means the encampment is not "Priority Level 1" and does not require expeditious/urgent removal due to a critical priority as described above.

(Ord. No. 1451, § 2, 2-25-2025)

(a)

When appropriate, applicable law enforcement, City of Perris homeless outreach service providers, municipal enforcement department, parks department, and other city department staff shall be contacted in advance to assist in the initial assessment of the encampment.

(b)

The city manager shall contact service providers and request homelessness-related services for PEH at the encampment.

(c)

The city manager shall evaluate the encampment for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.

(d)

If appropriate, the director shall evaluate potential mitigation efforts related to landscaping to prevent future encampments.

(Ord. No. 1451, § 2, 2-25-2025)

The following notices shall be provided prior to the removal of an encampment:

(a)

If an encampment receives a Priority Level 1 assessment, then the following shall apply:

(1)

No advance posted notice to vacate is required.

(2)

Applicable law enforcement shall be present during operations.

(3)

If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the circumstances, to be determined on a case-by-case basis.

(4)

If advance written notice is not given and if property was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.

(5)

Time-stamped photographs or videos shall be taken of the "removal advisory."

(b)

If an encampment receives a Priority Level 2 assessment, then the following shall apply:

(1)

Post notice to vacate at least 48 hours before beginning encampment removal.

(2)

Applicable law enforcement shall be present during the posting of notice to vacate.

(3)

Written notice to vacate shall be posted at each major point of ingress/egress to the site in a conspicuous manner.

(4)

If prevented from posting the notice to vacate because of hostility, interference, or any other action from persons on site, posting shall not be attempted until applicable law enforcement mitigates the situation.

(5)

Time-stamped photographs or videos shall be taken of the posted notices to vacate.

(c)

Notices to vacate shall be filled out completely and include:

(1)

Posting date and time;

(2)

Location;

(3)

"Vacate by" date and time;

(4)

Telephone number for assistance in obtaining property collected during an encampment removal;

(5)

The street address and hours of operation of where collected property will be stored;

(6)

Date by which property must be collected from the city before it is discarded; and

(7)

Removal start and end dates.

(Ord. No. 1451, § 2, 2-25-2025)

(a)

Before work to remove an unpermitted encampment from a city property begins, applicable law enforcement and city representatives, as directed by the city manager, shall be present. City officials shall not begin removal operations until PEH are escorted from the city property and its immediate vicinity. Any PEH who remain on city property when city officials arrive to begin the removal shall be given a reasonable amount of time to remove possessions before any encampment removal begins.

(b)

Where advance written notice is given, removal work shall begin on the date written on the notice to vacate and shall begin no earlier than the time written on the notice to vacate. If removal work does not begin on the date written on the notice to vacate, the location must be reposted before encampment removal operations may begin. If prevented from removal work because of hostility, interference, or any other action from persons on site, removal work shall not be attempted until applicable law enforcement mitigates the situation. No further posting is necessary once city officials arrive for removal operations and will continue from day to day until completed.

(c)

Time-stamped photographs or videos shall be taken before, during, and after removal work has been completed.

(d)

City officials shall evaluate the encampment to identify and plan for removal of any hazardous materials.

(e)

When possible, equipment shall be used to gather, pile, and load encampment debris to reduce exposure and contamination.

(f)

Any personal property that is collected shall be stored in a secured location by city for not less than 90 days, then discarded as appropriate if not claimed.

(g)

Collected personal property shall be time-stamped photographed and shall be inventoried by describing and labeling the items and identifying the encampment location and the removal date.

(Ord. No. 1451, § 2, 2-25-2025)

Personal property that is not a health or safety hazard, in plain sight, shall be collected, labeled, and stored. City officials shall collect the following items:

(a)

Items of apparent value; and

(b)

Items of apparent personal value includes but is not limited to:

(1)

Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment;

(2)

Habitable and uncontaminated tents;

(3)

Personal papers such as photographs, albums, ID's, bank statements, legal papers;

(4)

Bicycles, scooters, strollers in good repair; and

(5)

Backpacks and containers that appear to be in good condition and have been determined by the city manager to be free of materials described in section 7.52.090(a)(1)—(6) below.

(Ord. No. 1451, § 2, 2-25-2025)

The following items will not be collected pursuant to section 7.52.060:

(a)

Items that present an immediate health or safety risk, such as:

(1)

Toxic sharps: needles, scissors, knives;

(2)

Chemicals: bleach, paint, oils;

(3)

Items (including but not limited to bedding and clothing) soiled by infectious materials such as human waste, and bodily fluids;

(4)

Moldy, mildewed items;

(5)

Items that may be infested by rodents and insects such as rats, mice, fleas, lice, bed bugs;

(6)

Items that pose a risk of fire or explosion, combustibles and propane tanks or any item containing fuel or corrosives or other unidentified liquids; and

(7)

Backpacks and closed containers that have been determined by the city manager to contain items listed in (1)—(6) above or items (c), (d), (e), or (f) below. Such backpacks and closed containers may be discarded where the city manager is not present to make a determination. If personal belongings are co-mingled or littered with needles, human waste, or other health risks, city officials may dispose of the entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

(b)

Mattresses, furniture with fabric, padding, or is porous; sheds, structures, rolling structures, and bulky items; sheds, structures, or rolling structures may be demolished if not removed by PEH prior to the encampment removal.

(c)

Perishable items, such as perishable food.

(d)

Controlled substances, such as drugs without prescription, and medications of any kind.

(e)

Contraband, such as weapons and illegal items.

(f)

Trash, garbage, and/or debris including but not limited to property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. If city officials have a reasonable doubt as to whether an item constitutes trash, it shall be collected and stored. City officials shall exercise their best judgment in determining which items shall be collected and stored.

(g)

Motor vehicles shall be handled as provided in the Perris Municipal Code, Vehicle Code and applicable law.

(Ord. No. 1451, § 2, 2-25-2025)

Persons attempting to retrieve property collected during a removal operation shall give the location of the encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description of the item(s). The person retrieving property shall sign and date a document acknowledging receipt of the property. If requested, a receipt shall be given to the person retrieving property.

(Ord. No. 1451, § 2, 2-25-2025)

(a)

A report summarizing the removal of an encampment shall be submitted to the office of the city clerk within one week of a completed encampment removal.

(b)

A file shall be created for each encampment removal and retained pursuant to the city's records retention schedule, and shall contain:

(1)

Photographs and/or videos taken in connection with the removal effort;

(2)

Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any;

(3)

Name(s) of city official(s) involved in the removal;

(4)

Name(s) of any social service providers involved in the removal;

(5)

The report summarizing the removal which includes the names and badge number(s) of the law enforcement officer(s) involved in the encampment removal; and

(6)

Collected personal property forms and receipts.

(Ord. No. 1451, § 2, 2-25-2025)

The city manager, or designee, may adopt administrative rules or policies governing or guiding enforcement of this chapter, consistent with the intent of this chapter, including but not limited to ensuring consistent and appropriate enforcement for various circumstances. These administrative rules or policies should ensure that enforcement is tailored to various circumstances, including but not limited to situations where a person has a disability under the Americans with Disabilities Act, where minor children are present or otherwise involved, where a person has employment obligations that may relate to their ability to comply with this chapter, or for other reasons that may support discretion in enforcement.

(Ord. No. 1451, § 2, 2-25-2025)