Rohnert Park Municipal Code Ch. 9.41 Camping on Private and Public Property

Footnotes:

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Editor's note— Ord. No. 969, § 3, adopted Aug. 9, 2022, repealed the former Ch. 9.41, §§ 9.41.010—9.41.040, and enacted a new Ch. 9.41 as set out herein. The former Ch. 9.41 pertained to similar subject matter, and derived from Ord. No. 468 § 1, adopted in 1986; and Ord. No. 743 § 4, adopted in 2005.

For the purpose of this chapter, the following definitions shall apply:

"Camping" shall mean the conduct of more than one of the following activities on public or private property, when it reasonably appears, in light of all the circumstances, that a person is using space on public or private property as a place of residence or living accommodation:

1. Sleeping or making preparations to sleep (including the laying down of bedding for the purpose of sleeping);

2. The erection of any tent, structure, or other form of shelter;

3. The preparation or cooking of a meal;

4. Unattended storage of personal belongings (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, and cookware).

(Ord. No. 969, § 3, 8-9-2022)

It is unlawful for any person to camp on private property without first obtaining the written permission of the owner. Camping on private property shall be permitted only in a residentially zoned area, and only for periods of not more than two consecutive days where there exist sanitary sewers, running water, and cooking facilities inside a permanent building which is lawfully established and available to such person. The provisions of this section are not intended to prohibit camping within a permanent campground, a travel trailer park, a recreational vehicle park, or other area designated and permitted for such activities in accordance with Title 17.

(Ord. No. 969, § 3, 8-9-2022)

A. It is unlawful for any person to camp in any public park in violation of Section 9.62.010 of this code.

B. It is unlawful for any person to camp in any wellhead protection zone in violation of Section 13.02.120 of this code.

C. No person shall camp, or obstruct a street, sidewalk, or other public right-of-way, in any of the following manners:

1. By camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, in a manner that impedes pedestrian passage on any sidewalk or walkway;

2. By camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within ten feet of any driveway or loading dock;

3. By camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within five feet of any building entrance or exit;

4. By camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within fifteen feet of any fire hydrant, designated fire lane, fire plug, or other fire department connection;

5. By camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, within the public right-of-way in a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the city has issued a permit.

D. No person shall obstruct any portion of any street or other public right-of-way open to use by motor vehicles, or any portion of a bike lane, bike path, or other public right-of-way open to use by bicycles, by camping, sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property, anywhere within the street, bike lane, bike path, or other public right-of-way, as specified.

E. No person shall occupy or use an area greater than ten by ten feet for storage of unattended personal property on any city-owned parcel.

F. No person shall erect a tent, structure, or other encampment for purposes of camping on public property within four feet of another person occupying a different tent, structure, or other encampment on public property.

G. No person shall dump gray water (i.e., waste water from baths, sinks, washing machines, and other kitchen appliances) or black water (i.e., sewage water) onto sidewalks, streets, parks, open spaces, storm drains, or any other facilities not intended for gray water or black water disposal.

H. No person shall create or use an unpermitted electrical connection on public property.

I. No person shall use public property for unattended storage of gasoline, propane tanks, or combustible waste, for a period of seventy-two hours or more, where such materials are not used, moved from their location, or there is no apparent owner present, during the entirety of such period.

J. Fires on public property shall be prohibited except for cooking purposes, and within a fire-proof receptacle. Notwithstanding Chapter 8.20 or Chapter 8.24 of this code, camp fires, bonfires, recreational fires, burning of garbage, and use of portable outdoor fireplaces are prohibited on public property.

K. No person shall discard hypodermic needles in any public place, except in a designated container designed for disposal of sharps waste.

L. No person shall camp in such a manner or location as to disturb wildlife dens, burrows, or nests, nor shall any person camping on public property cut vegetation or excavate or terrace soil or cause damage to public property.

M. No person camping on public property shall exceed noise levels specified for residential zoning districts in Chapter 9.44.040 of this code, as measured at the nearest property line.

N. No person may camp in any of the areas specified below:

1. Within any creek protection zone as defined in Section 17.12.060 of this code.

2. Within one thousand five hundred feet of a school, large or small daycare facility or library.

3. Within one thousand feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center.

4. On any street, sidewalk, public right-of-way, or other city property or portion thereof, where camping has been designated as prohibited by resolution of the city council, upon a finding that camping in such particular location would pose a particular and ongoing threat to public health or safety, or is unsafe or incompatible with safe passage, and within the distance stated on posted signage prohibiting such camping.

O. No person shall camp on a city-owned parcel in violation of any adopted site management plan or administrative regulation adopted by the city manager for camping on the parcel. The city manager may, but is not required to, establish administrative regulations, including, but not limited to, site management plans, standard requirements, procedures and forms to ensure that encampments on city-owned parcels are managed to protect public health and safety.

(Ord. No. 969, § 3, 8-9-2022; Ord. No. 970, § 3, 9-27-2022)

A. Any violation of this chapter shall be subject to prosecution, either a misdemeanor or infraction, in accordance with Section 1.16.010 of this code. Every day any violation occurs or continues shall be deemed a separate offense.

B. Violations described above are deemed and declared to be a public nuisance and may be subject to abatement in accordance with Chapter 1.24 of this code.

(Ord. No. 969, § 3, 8-9-2022; Ord. No. 970, § 3, 9-27-2022)