Rocklin Municipal Code Ch. 9.24 Camping on Public and Private Property

Footnotes:

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Editor's note— Ord. No. 1077, § 3, adopted Aug. 8, 2017, amended Ch. 9.24 in its entirety, and enacted new provisions to read as herein set out. Former Ch. 9.24, §§ 9.24.010—9.24.070 pertained to camping on public property, and derived from Ord. No. 1074, § 3 adopted July 11, 2017. See the Code Comparative Table and Disposition List for a complete derivation.

The streets and public property within the city of Rocklin 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 make use of these areas for their proper function. Such activity can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial property and the general welfare of the city. The purpose of this chapter is to maintain streets, parks and other public property, and private lands, 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 associated with special events can be beneficial to the cultural and educational climate in the city.

(Ord. No. 1077, § 3, 8-8-2017)

A. "Camp" means to do any of the following:

1. To sleep any time between the hours of nine p.m. and nine a.m. in any of the following places:

a. Outdoors with or without bedding, tent, hammock or other similar protection or equipment.

b. In or under any structure not intended for human habitation, whether with or without bedding, tent, hammock, or other similar protection or equipment.

c. In, on or under any parked vehicle, including an automobile, bus, truck, travel trailer or other recreational vehicle.

B. "Camp facilities" means temporary structures, equipment or vehicles used to camp, including, but not limited to, tents, huts, temporary shelters, trailers or vehicles, if the vehicle or trailer is being used for habitation.

C. "Camp paraphernalia" means implements and equipment used while camping including, but not limited to, tents, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, stoves, lanterns and operational cooking equipment.

D. "Campsite" includes any location used for the purposes of camping.

E. "Habitation" means the intentional use of a space as temporary or permanent living quarters.

F. "Private property" means all privately-owned property including, but not limited to, privately-owned streets, sidewalks, alleys, ways, creeks, waterways, lots, parcels and other forms of improved or unimproved land or real property.

G. "Public property" means property owned or controlled by the city of Rocklin, including but not limited to, parks, trails, streets, sidewalks, and open space areas.

H. "Recreational vehicle" means a vehicle or trailer as defined in Rocklin Municipal Code Section 17.08.130(B)(5).

I. "Setting up campsite" means to, at any time, establish or maintain outdoors or in, on or under any structure not intended for human habitation, at any time during the day or night, a temporary or permanent place for cooking or sleeping, by setting up any bedding, including, but not limited to, a sleeping bag, blanket, mattress, tent, hammock or other sleeping equipment or by setting up any cooking equipment with the intent to use that location for sleeping or habitation.

J. "Store" means to put aside or accumulate for use when needed, to put for safekeeping or to place or leave unattended in a location.

K. "Unattended property" means any personal property, including "camp paraphernalia which appears to have been abandoned, discarded, or disregarded by its owner; or property which has been left unattended for an unreasonable amount of time. An "unreasonable" amount of time may be any amount of time, however, any property left unattended for twelve hours or more shall be considered unattended per se.

(Ord. No. 1077, § 3, 8-8-2017)

A. No person shall camp anywhere in the city of Rocklin on public or private property, except as hereinafter expressly permitted in Sections 9.24.040 and 9.24.050 of this chapter.

B. It shall be an affirmative defense under this chapter for any person, without the purpose of habitation, to temporarily occupy and use a vehicle for emergency reasons such as escape from or avoidance of an abusive person(s), avoidance of driving a vehicle while under the influence of alcohol or drugs, even though the person may sleep during the period of that use. For purposes of this section, "temporarily occupy" means a duration of twelve hours or less.

C. Camping, otherwise authorized under this chapter, shall not be permitted when conducted in such a manner as to create noise, inadequate sanitation, involve the use of open flames, or is conducted in a manner that poses a danger to the health, safety and general welfare of the surrounding property or to other persons lawfully using surrounding property.

(Ord. No. 1077, § 3, 8-8-2017)

Camping is permitted on public property in the city of Rocklin only under the following circumstances:

A. On public property specifically set aside and clearly marked for public camping purposes.

B. In conjunction with events authorized and expressly provided for in a special event permit issued by the city of Rocklin.

C. In designated areas on public property in conjunction with community or sporting events. Camping in connection with a community or sporting event shall not exceed three consecutive nights and only in areas identified by the city manager or his/her designee.

D. Inside a licensed and registered recreational vehicle while on a public residential street and as guests of owners or occupants of a residence within one hundred feet of the location where the recreational vehicle is parked. Power cords, ropes, and/or water hoses shall not be allowed to run from the vehicle across a sidewalk. Use of a generator is prohibited. No recreational vehicle shall be used for camping under this subsection for more than nine days during any thirty-day period.

E. In connection with city-sponsored programs.

(Ord. No. 1077, § 3, 8-8-2017)

A. Except as otherwise provided in this section, it is unlawful for any person to camp, lodge, or stay overnight on any private property within the city without first obtaining permission of the owner and making adequate arrangements to assure sanitary conditions and proper waste disposal. This prohibition shall apply whether or not such person is camping or lodging within or without any automobile, van, motor home, trailer coach, tent or other place of shelter. No person shall set up camp facilities or any other temporary or permanent shelter for the purpose of camping, nor shall any person leave upon any private property any camp facilities.

B. Exceptions. This section shall not apply to camping, with adequate sanitary conditions and proper waste disposal, in the following situations:

1. Persons camping upon their own land, or persons camping with the owner of the land.

2. Persons camping with the written consent of the owner of the land, for not more than two consecutive nights, provided that such written consent is in their possession at the time and is shown upon the demand of any peace officer; and

3. Persons lawfully camping within campgrounds or trailer parks approved pursuant to city ordinance.

C. This section is not intended to modify or amend the provisions Title 17 of the Rocklin Municipal Code, including Section 17.08.130. In the event of a conflict between Title 17 and this section, Title 17 shall control.

(Ord. No. 1077, § 3, 8-8-2017)

A. It shall be unlawful for any person to store or leave unattended camp facilities or camp paraphernalia on public or private property, unless such storage is expressly authorized and in conjunction with a permitted camping activity under this chapter.

B. Unattended personal property on public property shall be handled pursuant to the city's policies and procedures, and in no event shall be destroyed without providing owners with notice and a reasonable opportunity to recover the property.

(Ord. No. 1077, § 3, 8-8-2017)

Any campsite established in the city in violation of this chapter is declared to be a public nuisance, and city officials are authorized to abate the nuisance and remove camp facilities and camp paraphernalia as authorized by law.

(Ord. No. 1077, § 3, 8-8-2017)

A. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, licenses, or causes a violation thereof, and shall be punished accordingly.

B. It is unlawful and a public nuisance to violate any of the provisions of this chapter. Any person who engages in conduct prohibited by this chapter may be subject to the following penalties:

1. The first violation of this chapter is an infraction punishable by a fine not to exceed one hundred dollars.

2. A second violation of this chapter within one year, or the continued violation of this chapter after being directed to cease and desist the unlawful activity, is a misdemeanor.

C. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

D. In addition to the civil remedies and criminal penalties set forth above, any person that violates the provisions of this chapter may be subject to administrative remedies, as set forth in Title 1.

(Ord. No. 1077, § 3, 8-8-2017)