Placerville Municipal Code Ch. 19 Camping on Public or Private Property

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 affects neighborhoods and commercial areas. Camping on private property without the consent of the owner, proper sanitary measures and for other than a minimal duration adversely affects private property rights as well as public health, safety, and welfare of the city. The purpose of this chapter is to maintain streets, parks and other public and private 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. 1702, 1-14-2020)

Any law enforcement officer shall have the authority to enforce this chapter. (Ord. 1702, 1-14-2020)

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.

(Ord. 1702, 1-14-2020)

(A) Camping On Public Property:

1. Except as may be permitted within municipal parks by the Director of Community Services, or his or her designee, it is unlawful to camp upon any public property owned by the City, including, without limitation, streets, sidewalks, parking lots, parking structures, easements, open space, parks, cemeteries, real property within or below one hundred feet (100') above the ordinary high water mark of any lake, waterway, river, stream, pond, or reservoir, or corporation yards.

2. Except as otherwise permitted under the Placerville Municipal Code, it is unlawful for any person to sleep between ten o’clock (10:00) P.M. and five o’clock (5:00) A.M. in any vehicle parked on any public street, alley way, or parking area, or any privately owned parking area used for the parking of customers of any business enterprise without the consent of the owner of such business enterprise when there is available overnight shelter.

(B) Camping On Private Property:

1. It is unlawful to camp upon private property within the city except as otherwise provided in this section.

2. This section shall not apply to persons camping upon their own land or to persons camping with the written consent of the owner of the land, provided that such written consent is in their possession at the time and is shown upon demand of any peace officer and is not otherwise Placerville Municipal Code. No person shall camp, or permit to camp, on private property for a period of time exceeding seven (7) consecutive days without an interruption of at least seven (7) consecutive non-camping days. For purposes of this section, camping for any portion of a day shall count as a full camping day.

(C) City Manager Permit:

1. The city manager may, as provided in section 6-19-9 of this chapter, issue a temporary permit to allow camping on public or private property in connection with a special event.

(D) Violations:

1. A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code section 370, the city attorney may institute civil or administrative actions to abate a public nuisance under this chapter.

(Ord. 1702, 1-14-2020; amd. Ord. 1722, 9-24-2024)

(A) Pre-Removal Notice: Before impounding or removing any personal property stored or tent erected in violation of this chapter, the City shall provide pre-removal notice. Pre-removal notice under this chapter shall be deemed provided if written notice is provided to the person who is storing or claims ownership of the personal property or tent or written notice is posted conspicuously on or near the personal property or tent. Actual removal by the city must commence within seventy two (72) hours after expiration of the twenty four (24) hour period provided for in the pre-removal notice. 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 camping is in violation of section 6-19-4 or section 6-19-5 or the personal property is stored in violation of section 6-19-7;

5. A statement that the personal property may be impounded if not removed from the private or public property within twenty four (24) hours;

6. A statement that moving personal property to another location in the same private or public property will not be considered removal of the personal property;

7. The address where the removed private property will be located, including a telephone number through which a person may receive information as to impounded personal property;

8. A statement that impounded personal property may be disposed of if not claimed within ninety (90) days after impoundment; and

9. A statement that the owner of the personal property may dispute the removal of the personal property or cited violation of this chapter and a telephone number for the owner of the personal property to request an informal hearing before the property is removed. Any law enforcement officer may conduct the informal hearing by providing the owner of the personal property the opportunity to show why the property has not been stored in violation of this chapter or to show that additional time is necessary for the owner to remove the property. The informal hearing may be held at any location, including the location of the personal property at issue.

(B) Post-Removal Notice: Upon removal of stored personal property pursuant to this chapter, written notice shall be provided to the person who stored or claims ownership of the personal property or tent or conspicuously posted in the area from which the personal property was removed. If requested by the person who stored or claims ownership of the personal property or tent, reasonable efforts shall be made to provide or assist in obtaining transportation assistance if the person is unable travel to the place of storage and providing transportation or assistance is feasible. 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 camping was in violation of section 6-19-4 or section 6-19-5 or the personal property was stored in violation of section 6-19-7;

4. The address where the removed personal property will be located, including a telephone number through which a person may receive information as to impounded personal property; and

5. A statement that impounded personal property may be discarded if not claimed within ninety (90) days after impoundment. (Ord. 1702, 1-14-2020)

It is unlawful and a public nuisance for any person to store personal property, including camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

(A) Any public property; or

(B) Any private property without the written consent of the owner.

A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code section 370, the city attorney may institute civil or administrative actions to abate a public nuisance under this chapter. (Ord. 1702, 1-14-2020)

Any property seized under this chapter shall be inventoried and stored pursuant to a written policy of the Police Department and, if not claimed in ninety (90) days, disposed of pursuant to written policy. No property contaminated with hazardous materials will be stored by the Police Department. (Ord. 1702, 1-14-2020)

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 city departments, 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. A reasonable fee, to be set by the city council shall 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, the city attorney may institute civil or administrative actions to abate a public nuisance under this chapter. (Ord. 1702, 1-14-2020)

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 6-19-9 of this chapter. (Ord. 1702, 1-14-2020)

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 6-19-5 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. 1702, 1-14-2020)

Neither the adoption of this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 1702, 1-14-2020)