Rosemead Municipal Code Ch. 12.36 Unlawful Camping and Personal Property in Public Places

Footnotes:

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Editor's note— Ord. No. 1026, § 2, Feb. 11, 2025, amended Ch. 12.36 in its entirety to read as herein set out. Former Ch. 12.36, §§ 12.36.010—12.36.030, pertained to camping and personal property in public places, and derived from Ord. 756 § 2 (part), 1995: prior code § 4175(a)—(c).

The regulations within this chapter are necessary to maintain public health and safety. Unauthorized camping can lead to unsanitary conditions, increased risk of fires, and other hazards that endanger both those camping and the general public. The City intends to mitigate the inherent risks associated with unauthorized camping and unauthorized storage of property in public while ensuring the rights of preserving for the public the proper use of public spaces, such as parks and sidewalks. The purpose of this chapter is also to afford due process of law to any person who is directly affected by this process.

(Ord. No. 1026, § 2, 2-11-25)

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.

"Camp" means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, for remaining outdoors overnight.

"Camp facilities" means a temporary, makeshift, or hand-built structure, including, a tent, hut, or other temporary shelter.

"Camp paraphernalia" means personal property used to facilitate occupancy of an area, including, a tarpaulin, cot, bedding, sleeping bag, hammock, or non-city-designated cooking facilities and similar equipment.

"City Manager" means the City Manager, or his or her designee.

"Park" means any public property held out by the City or used by the public for active or passive park and recreation uses.

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

"Street" means all streets, highways, avenues, lanes, alleys, courts, sidewalks, parkways, curbs, public parking lots or other public ways in this City.

(Ord. No. 1026, § 2, 2-11-25)

It is unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or sleep upon any public property, including any street, sidewalk, park, public parking lot, or public area, except as authorized in writing by the City Manager.

(Ord. No. 1026, § 2, 2-11-25)

It is unlawful for any person to sleep upon any street at any time, as a matter of individual and public safety.

(Ord. No. 1026, § 2, 2-11-25)

It is unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, upon any public property, including any street, sidewalk, park, public parking lot, or public area, except as authorized in writing by the City Manager or pursuant to a City-issued permit or license.

(Ord. No. 1026, § 2, 2-11-25)

A. The City Manager may adopt regulations or policies to implement and interpret this chapter. Any regulation or policy must conform with the purpose of this chapter.

B. The City Manager may remove personal property, camping paraphernalia, contraband, litter, and waste found at a camp facility or any other public place, in accordance with an administrative policy approved by the City Manager.

(Ord. No. 1026, § 2, 2-11-25)

A. Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this chapter.

B. Willful Obstruction Prohibited. It is unlawful to willfully resist, delay, or obstruct a City employee from moving, removing, impounding, or discarding personal property stored in public in violation of Section 12.36.030.

C. Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

D. Criminal Penalties. Violation of any provision of this chapter is a misdemeanor according to Section 1.16.010 of this code, except the City Attorney may prosecute a violation of this chapter as an infraction, at his or her discretion.

E. Administrative Citations and Civil Enforcement. Nothing in this chapter prevents the issuance of an administrative citation for violations of the provisions of this chapter, prevents the City Attorney from bringing a civil action, at his or her discretion, to seek the abatement of any violation of this Code.

F. Remedies Cumulative. The remedies, procedures, and penalties provided by this chapter are cumulative to each other and to any other available under City, State, or federal law.

(Ord. No. 1026, § 2, 2-11-25)