Salinas Municipal Code Art. XIII Storage of Personal Property on City Property

Footnotes:

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Editor's note— Ord. No. 2695 (NCS), § 1, adopted Feb. 24, 2026, amended Art. XIII, §§ 16-130.010—16-130.080, amended the article in its entirety as set out herein. Former Art. XIII pertained to similar subject matter and derived from Ord. No. 2599(NCS), § 2, adopted Oct. 10, 2017.

The public areas within the city, including streets, sidewalks, parks, public buildings, and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for the storage of personal property interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such storage and the attendant negative effects can constitute a public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. Nonetheless, individuals who have no access to private spaces, nonetheless need to retain access to a limited amount of personal property in public areas. A purpose of this article is to strike a balance between the need of residents and the public at large to reasonable, safe access to public spaces and the needs of individuals without access to private spaces to retain access to a limited amount of personal property. It is necessary to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public infrastructure and public and private areas within the city, in a safe, clean, sanitary and accessible condition. It is necessary to protect the health, safety and welfare of the community. It is necessary for all humans to sleep and rest, and for those individuals without access to private spaces, to do so in public spaces. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

The definitions contained in this subsection shall govern the construction, meaning, and application of words and phrases used in this article.

(a) "Administrative procedure" means the city's administrative procedure for the removal of personal property.

(b) "Bulky item" means any item that is too large to fit into a ninety-gallon container with the lid closed, including, but not limited to, a shed, structure, mattress, couch, chair, other furniture or appliance. A container with a volume of no more than ninety gallons used by an individual to hold his or her personal property shall not in itself be considered a bulky item.

(c) "City property" means any real or personal property owned or controlled by the city and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within the city of Salinas.

(d) "Critical Infrastructure" means real property or a facility, whether privately or publicly owned, as approved by resolution of the City Council, that the City Manager designates as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, libraries; structures such as antennas, bridges, roads, sidewalks, train tracks, drainage systems, surface channels, outfalls, or stormwater facilities; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunications facilities, or water sources.

(e) "Person" means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals.

(f) "Personal belongings" means items (i) items with an apparent value of fifty dollars or more; (ii) items of apparent personal value, including, but not limited to: eyeglasses; operational wheelchairs, walkers, crutches, or other medical equipment; habitable tents; personal papers (such as photographs, albums, IDs, bank statements, and legal papers); backpacks; containers; and operational bicycles, scooters, and strollers.

(g) "Personal property" means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal belongings, as defined in this subsection.

(h) "Store", "stored", "storing" or "storage" means to put personal property aside or accumulate for use when needed, to put for safekeeping, and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area. This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation or other authorization by the city or state, is stored with the permission of the city or state on real property that is owned or controlled by the city.

(i) "Tent" means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.

(j) "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Unattended personal property is considered to be abandoned. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

(a) No person shall store any personal property on city property.

(b) No person shall store any personal property on critical infrastructure; within twenty-five feet of critical infrastructure; within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure; on those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency medical services agencies; or within a wildfire risk area (as defined in California Code of Regulations, title 24, part 9, section 202). Any violation of this subsection 16-130.030(b) may be abated immediately by the City without prior notice, if the violation poses an imminent threat to public health or safety. Abatement pursuant to this subsection may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, junk, or debris; and securing the permimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.

(c) Except as my otherwise be provided in this Article, with pre-removal notice as specified in Section 16-130.040(a), the city may collect and store any unattended personal belongings that are not a health or safety hazard . Any other personal property will be disposed of and not collected and stored.

(1) Items that constitute a health or safety hazard and will not be collected and stored include, but are not limited to, (i) toxic sharps: needles, scissors, knives; (ii) chemicals: bleach, paint, oils, etc.; (iii) items (including bedding and clothing) that appear soiled, including, but not limited to, by human waste, dirt, or bodily fluids; (iv) moldy, mildewed items; (v) items that may be infested by rodents or insects: rats, mice, fleas, lice, or bed bugs; and (vi) items that may pose a risk of fire or explosion, combustibles, and propane tanks or any item containing fuel or corrosives or other unidentified liquids.

(2) If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of personal belongings may be disposed of.

(3) Bulky items, perishable items such as food, and trash or debris will be disposed of and will not be collected and stored.

(c) No person shall store any personal property on city property in such a manner that it does not allow for passage as required by the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to time (ADA). Without prior notice, the city may move and may immediately collect and store any personal belongings that are not a health and safety hazard and may immediately discard any other personal property, whether attended or unattended, stored in a public area in such a manner that it does not allow for passage as required by the ADA. Post-removal notice shall be provided as set forth in Section 16-130.040(b).

(d) No person shall store any personal property on city property within ten feet of any operational and utilizable entrance, exit, driveway or loading dock. Without prior notice, the city may move and may immediately collect and store any personal property, whether attended or unattended, stored in a public area within ten feet of any operational and utilizable entrance, exit, driveway or loading dock. Post-removal notice shall be provided as set forth in Section 16-130.040(b).

(e) No person shall store personal property on city property that has a clearly posted closure time at any after the posted closure time. Without prior notice, the city may collect and store personal property, whether attended or unattended, stored on city property that has a clearly posted closure time, provided the personal property is removed and impounded after the posted closure time. Post-removal notice shall be provided as set forth in Section 16-130.040(b).

(f) No person shall store personal property on city property that has been noticed for a cleanup pursuant to Salinas City Code Section 16-140.080. Without additional notice to that notice required by Section 16-140.080, the city may collect and remove personal property, whether attended or unattended, stored on city property that has been noticed for a cleanup, provided the personal property is collected and stored during the time of the noticed enforcement action or within twenty-four hours following any noticed enforcement action. Post-removal notice shall be provided as set forth in Section 16-130.040(b).

(g) No person shall store any personal property on public property if the personal property, whether attended or unattended, constitutes an immediate threat to the health or safety of the public. Without prior notice, the city may remove and may discard any personal property stored in a public area if the personal property poses an immediate threat to the health or safety of the public.

(h) No person shall store any personal property in a public area if the personal property, whether attended or unattended, constitutes an evidence of a crime or contraband. Without prior notice, the city may remove and may discard any personal property that constitutes evidence of a crime or contraband, as permissible by law.

(i) No person shall store any bulky item on city property. Without prior notice, the city may remove and may discard any bulky item, whether attended or unattended, stored in on city property unless the bulky item is designed to be used as a shelter. For any bulky item that is designed to be used as a shelter, but does not constitute a Tent as defined in Section 16-130.020, with pre-removal notice as specified in Section 16-130.040(a), the city may remove and discard the bulky item, whether attended or unattended. If the bulky item violates another subsection herein, even if it is designed to be used as a shelter, the city may collect and store or discard the bulky item pursuant to that subsection.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

(a) Pre-Removal Notice. Except in exigent circumstances involving an imminent threat to life, safety, health, or infrastructure, the City, or an agent acting on its behalf, shall post a notice to vacate and to remove all personal property. Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property, or is posted conspicuously by the City, or any agent acting on their behalf, on or near the personal property at least forty-eight hours prior to the enforcement action by collection and storage of personal belongings and disposal of personal property.. No enforcement actions shall begin earlier than the date and time on the per-removal notice, If the enforcement operations do not begin within forty-eight hours of the date written on the pre-removal notice, a new pre-removal notice must be posted a minimum of twenty-four hours before enforcement actions may begin. The written notice shall contain the following:

(1) The location from which the personal property will be removed.

(2) The date and time the notice was posted.

(3) A statement that the personal belongings have been stored in violation of Salinas City Code Section 16-130.030.

(4) A statement that the personal property may be impounded if not removed from public areas within twenty-four hours.

(5) A statement that moving personal property to another location in a public area shall not be considered removal of personal property from a public area.

(6) The address where the personal belongings that have been collected will be stored, including a telephone number and the internet website of the city through which a person may receive information as to collected and stored personal belongings, as well as information as to voluntary storage location(s).

(7) A statement that collected and stored personal belongings may be discarded if not claimed within sixty days after collection and storage.

(b) Post-Removal Notice. Upon removal of stored personal belongings, written notice shall be conspicuously posted in the area from which the personal belongings were removed. The written notice shall contain the following:

(1) The date and approximate time the personal belongings were removed.

(2) A statement that the personal belongings have been stored in violation of Salinas City Code Section 16-130.030.

(3) The address where the personal belongings will be located, including a telephone number and internet website of the city through which a person may receive information as to collected and stored personal belongings.

(4) A statement that collected and stored personal belongings may be discarded if not claimed within sixty days after collection and storage.

(c) Where exigent circumstances requiring less than forty-eight hours' notice the City, or any agent acting on their behalf, shall provide as much notice as reasonably possible under the circumstances and, as reasonably possible following enforcement action, shall post post-removal notice at or near the site of the enforcement operation.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

(a) Except as specified herein, the city shall move personal belongings that have been collected and stored to a place of storage.

(b) Except as specified herein, the city shall store personal belongings that have been collected and stored for sixty days, after which time, if not claimed, it will be discarded. The city shall not be required to undertake any search for, or return, any impounded personal belongings stored for longer than sixty days.

(c) The city shall maintain a record of the date any impounded personal belongings were discarded.

(d) The owner of personal belongings that have been collected and stored may repossess the personal belongings prior to their disposal upon submitting satisfactory proof of ownership. A person may establish satisfactory proof of ownership by, among other methods, describing the location from and date when the personal belongings were impounded from a public area, and providing a reasonably specific and detailed description of the personal belongings. Valid, government-issued identification is not required to claim impounded personal belongings.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

(a) Public Property. No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any public property, including, but not limited to, a building or portion or protrusion thereof, fence, bus shelter, trash can, mail box, pole, bench, news rack, sign, tree, bush, shrub or plant, without the city's prior written consent.

(b) Private Property. No person shall erect any barrier against or lay string or join any wires, ropes, chains or otherwise attach any personal property to any private property in such a manner as to create an obstruction on or across any street or area where the public may travel.

(c) Removal. Without prior notice, the city may remove any barrier, string, wires, ropes, chains or other attachment of personal property, whether attended or unattended, to any public property, or to any private property which creates an obstruction to any street or area where the public may travel.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

Nothing herein precludes the enforcement of any law prohibiting illegal dumping.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)

Salinas City Code Section 1-01.08 shall not apply to violations of this section except as follows:

(a) No person shall willfully resist, delay or obstruct a city employee from moving, removing, impounding or discarding personal property stored on city property in violation of Salinas City Code Section 16-130.030.

(b) No person shall refuse to take down, fold, deconstruct or otherwise put away any tent erected or configured in violation of Salinas City Code Section 16-140.030, or willfully resist, delay or obstruct a city employee from taking down, folding, deconstructing, putting away, moving, removing, impounding or discarding the tent, including by refusing to vacate or retreat from the tent.

(c) No person shall refuse to remove any barrier, string, wire, rope, chain or other attachment that violates Salinas City Code Section 16-130.060, or willfully resist, delay or obstruct a city employee from deconstructing, taking down, moving, removing, impounding or discarding the barrier, string, wire, rope, chain or other attachment, including by refusing to vacate or retreat from an obscured area created by the attachment.

(d) No person shall willfully resist, delay or obstruct a city employee from removing or discarding a bulky item stored in violation of Salinas City Code Section 16-130.030, including by refusing to vacate or retreat from within the bulky item or from an obscured area created by the bulky item.

(e) A violation of Salinas City Code Section 16-130.070 prohibiting illegal dumping.

(Ord. No. 2695 (NCS), § 1, 2-24-2026)