Chapter 11.18 — BAN ON THE USE OF CERTAIN AREAS

OF PUBLIC RIGHTS-OF-WAY AS SLEEPING OR LIVING ACCOMMODATIONS Section

• 11.18.001 Definitions
• 11.18.002 Prohibition of using public rights-of-way as sleeping or living accommodations
• 11.18.003 Other public rights-of-way
• 11.18.004 Penalties

The definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter, and shall not apply to any other chapter of the County Code. COUNTY EMPLOYEE. Any full or part-time employee of the County of San Benito. PERSONAL PROPERTY. Any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household items, luggage, backpacks, clothing, documents and medication. PUBLIC RIGHT-OF-WAY. All property that is owned, managed, or maintained by the county, or where the county possesses a property interest allowing public use of such property (such as a right-of-way interest), and shall include, but not be limited to, any public street, space, ground, building or structure. SIDEWALK. That portion of a street, other than the roadway, set apart by curbs, barriers, markings or other delineation, for pedestrian travel. STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel or parking, and includes every highway, avenue, lane, alley, court, place, square, sidewalk, parking lot, parkway, curbs, bikeway or other public way in this county which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state. TENT. A collapsible shelter made of fabric or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric. (Ord. 1067, § 2 (part), 2024)

(A) Parks and playgrounds. No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a

sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging: (B) Within 500 feet of any park or playground. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. (Ord. 1067, § 2 (part), 2024)

(A) No person shall obstruct by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property on a street, sidewalk, or other public right-of-way in the following locations: (1) In a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time; (2) Within 500 feet of any school or daycare facility. This prohibition applies all year, overnight, on any weekends and weekdays, even when such facilities may be generally considered closed. (3) Within 100 feet of critical infrastructure, including water wells, storm drain basins, railways, bridges and under- and over-passes. (4) Within ten feet of any operational or utilizable building entrance, exit, driveway or loading dock. (5) Within five feet of any fire hydrant, fire plug, or other fire department connection. (6) In a manner that obstructs or unreasonably interferes with the use of the right-of-way for any activity for which the county has issued a permit. (7) In a manner that obstructs any portion of any street or other public right-of-way open to use by motor vehicles, including any portion thereof marked as a bike lane. (8) County creeks and creek embankments within county limits. (Ord. 1067, § 2 (part), 2024)

A violation of any section of Chapter 11.18 involving a person who willfully resists, delays, or obstructs a county employee from enforcing this section or who willfully refuses to comply after being requested to do so by a county employee shall be punishable as a misdemeanor. All other violations of Chapter 11.18 shall be enforceable only as infractions pursuant to San Benito County Code § 1.03.002 or by civil action pursuant to San Benito County Code § 11.03.003. (Ord. 1067, § 2 (part), 2024; Ord. 1069, § 1, 2024)