San Benito County Municipal Code Ch. 9.04 San Benito River Regulations

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CAMP. To pitch or occupy camp facilities, or to use camp paraphernalia, for living purposes in an outdoor area.

CAMP FACILITIES. Include, but are not limited to tents, huts, tarpaulin shelters, unapproved shacks, or temporary shelters.

CAMP PARAPHERNALIA. Includes, but is not limited to tents or tent-like structures, cots, beds, sleeping pads, hammocks, or personal cooking facilities and similar equipment.

PERSONAL EFFECTS. For the purposes of § 9.04.004, personal property consisting of the following items:

(1) Medication, medical devices, eyeglasses, or other prescription lenses;

(2) Sleeping bag or bed roll which is sanitary and non-verminous;

(3) Tents in usable and reasonably good condition;

(4) Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous.

(5) Non-perishable food items; and

(6) Personal property with an estimated individual fair market value of at least $50.

SAN BENITO RIVER or the SAN BENITO RIVER AREA. All portions of the San Benito River, as shown on United States Geological Survey Quadrangle Maps, located in the unincorporated County of San Benito which is designated as a 100-year flood zone by the Federal Emergency Management Agency (FEMA). The precise boundaries are depicted on the San Benito County's Geographic Information System (GIS), available at https://cosb.maps.arcgis.com/home/index.html.

STORE. To put aside or accumulate for use when needed, to place for safekeeping, or to put, place, or leave in a particular place, whether attended or unattended.

(Ord. 1,025, § 2)

It is unlawful for any person to camp in or on any occupied or unoccupied private property without the express written permission of the owner or person in current lawful possession of the property.

(Ord. 1,025, § 2)

(A) It shall be unlawful for anyone to camp, sleep, shelter, or reside on any public property in the San Benito River.

(B) No person shall have any fire or campfire, propane, gasoline or kerosene stove on public property in the San Benito River, except as otherwise allowed by this Code or by license or permit, or in an area designated for such purposes by the county.

(Ord. 1,025, § 2; Ord. 1069, § 2, 2024)

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia in the San Benito River, except:

(A) As otherwise provided by the Board of Supervisors;

(B) Pursuant to a valid license or permit; or

(C) With the express written permission of the property owner if the personal property is stored on private property in the San Benito River Area. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

(Ord. 1,025, § 2)

(A) Violation of the San Benito River Regulations shall be deemed a public nuisance, and a misdemeanor subject to criminal or civil enforcement, including administrative citations, in accordance with San Benito County Code.

(B) Before issuing a citation or making an arrest to enforce § 9.04.003(A), an officer charged with its enforcement who observes a violation must:

(1) Notify the person engaged in the prohibited conduct that he or she is in violation;

(2) Inform the person that resources are available through the Homeless Outreach Coordinator; and

(C) It is an affirmative defense to a prosecution under this section that any person so notified as described in division (B)(1) promptly ceased to engage in the prohibited conduct following such notification.

(Ord. 1,025, § 2; Ord. 1069, §§ 3, 4, 2024)