San Bernardino County Municipal Code Ch. 9 Unlawful Camping and Obstruction of Public Rights-of-Way

For purposes of this chapter, the following words or phrases shall have the following meanings:

CAMP. To place, pitch, establish or occupy any temporary structure or materials including but not limited to the laying down of bedding or erecting a tent for the purpose of temporarily, irregularly, or permanently sleeping, staying, living, or residing. An activity shall constitute camping or lodging when it reasonably appears, in light of all circumstances, that the individual(s), in conducting these activities, are in fact using the area as living accommodations regardless of the intent of the individual(s) or the nature of any other activity in which they may be engaging.

CAMP FACILITIES OR MATERIALS. Includes but is not limited to, tents, huts, tarpaulins, cardboard boxes, blankets, bedrolls, mattresses, cots, sleeping bags, hammocks, lawn and folding chairs, cooking equipment, fire starters, materials used for fire fuel, ice chest, and similar items, or vehicles, including recreational vehicles (RV), operable or otherwise.

ENCAMPMENT. Places where a group of individuals reside that is not intended for long-term, continuous occupancy.

ENFORCEMENT OFFICER. Shall have the same meaning as defined in § 11.0202 of the County Code.

PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, items used for camping such as tents or bedding, money, books, and shopping carts.

PUBLIC PROPERTY. Includes but is not limited to, public buildings, streets, sidewalks, trails, alleys, medians, greenways, easements, parks, waterways, canal banks, county highways (as defined in §§ 25, 960.5 and 1480 of the Cal. Streets and Highways Code, or as amended), and other rights-of-way dedicated for public use and lawfully accepted by the County, and other public amenities.

STORE and STORING. To put aside or accumulate for later use, to put for safekeeping, to place or leave in a location.

(Ord. 4494, passed - -2025)

(a) It is unlawful and a violation of this code for any person(s) to camp, occupy camp facilities, or use camping materials on public property not specially designated for day and/or overnight campgrounds.

(b) This section shall not apply to public property specifically designated for camping or where camping has been authorized by a responsible local, state, or federal agency. Persons desiring to camp on County owned, controlled, or maintained public property designated for camping must comply with Chapter 3 of Division 8 of Title 2 of this Code and the permitting requirements of § 28.0305 of this Code. Persons desiring to camp on public property owned, controlled, or maintained by a department of the United States, the California Department of Parks and Recreation, or other local public agencies must comply with the applicable laws, regulations and permitting requirements of the responsible department of the United States, the California Department of Parks and Recreation, or other local public agencies.

(c) Nothing in this Chapter shall prohibit the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of this Chapter.

(d) Persons desiring to use county-owned grounds or buildings for public meetings and other approved uses must apply for a public use permit if required by this Code or County policy.

(e) In the situation where an unpermitted camp is erected and no exigent circumstances exist to public safety, notification to vacate shall be provided at least 72 hours prior to enforcement action.

(f) Notwithstanding subsection (e), if a camp or an encampment poses an imminent threat to life, health, safety or infrastructure, advanced notice to vacate shall be provided only as reasonably necessary under the circumstances.

(g) Nothing in this Chapter shall be read to permit camping on private property in violation of the San Bernardino County Code including § 84.25.070.

(Ord. 4494, passed - -2025)

(a) No individual shall obstruct a street, sidewalk, alleyway, trail, county highway (as defined in § 25, 960.5 and 1480 of the Cal. Streets and Highways Code, or as amended), entrance to public facilities, driveway, or other public right of way by sitting, lying or sleeping, or using or storing personal property in, or upon any street, sidewalk, alleyway, trail, or county highway.

(b) Immediate Removal: Personal property in violation of this Section shall be subject to immediate removal by Enforcement Officers.

(Ord. 4494, passed - -2025)

(a) Notwithstanding § 28.0903(b), the County may abate or remove camp facilities and materials, personal property (subject to § 28.0904(d)), or an encampment established in violation of this chapter after providing written notice of such abatement. Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the County, if the encampment poses an imminent and substantial threat to public health or safety, as determined by the Enforcement Officer.

(b) Except in circumstances governed by § 28.0903 or where there is an immediate threat to public health or safety, prior to abatement the County will, to the extent possible, provide homeless outreach services to affected individuals in an effort to connect unhoused residents to services. This subsection is directory, not mandatory, and the failure to provide homeless outreach services specified in this subsection does not affect the validity of an abatement action.

(c) Abatement pursuant to this section may include, but is not limited to, removal of camp facilities and materials, personal property, trash, debris, junk, hazardous waste, infectious waste, and vehicles.

(d) Personal property taken that does not constitute a health or safety hazard, shall be collected, inventoried, and stored for at least 90 days. Personal property that constitutes a health or safety hazard may be immediately discarded. Examples of personal property that constitutes a health or safety hazard and may be immediately discarded includes, but is not limited to, the following:

(1) Sharp objects, such as needles, scissors, knives, that can pierce skin and potentially contribute to the spread of disease.

(2) Chemicals: bleach, paint, oils, etc.

(3) Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids.

(4) Moldy, mildewed items.

(5) Items that may be infested by rodents and insects, including rats, mice, fleas, lice, and bed bugs.

(6) Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids.

(7) Perishable items such as food.

(8) Controlled substances and contraband.

(9) Backpacks and closed containers that have been determined by an individual who is licensed to identify and handle hazardous materials to contain one or more of the items listed above. Such backpacks and closed containers may be discarded where no individual who is licensed in hazardous materials is present to make a determination.

(10) If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

(Ord. 4494, passed - -2025)

(a) A violation of this chapter is declared to be a public nuisance and subject to the penalties stated herein.

(b) Notwithstanding any other provision of the San Bernardino County Code, each person violating, causing, or allowing a violation of any provision of this Chapter, shall be guilty of an infraction, unless the violation is specifically declared to be a misdemeanor.

(c) Except as otherwise provided herein, upon conviction or upon a plea of nolo contendere (commonly called "no contest"), by a base fine not exceeding $100.00 for a first violation; a base fine not exceeding $200.00 for a second violation of this Chapter within one year; and a base fine not exceeding $500.00 for each additional violation of this Chapter within one year of the first violation. The maximum fines imposed in this Section are based upon the provisions of Cal. Government Code § 25132 and will be increased automatically and without amendment to this Section upon any amendment to Cal. Government Code § 25132 increasing the amount of fines permitted. Any court costs that the court may otherwise be required to impose pursuant to applicable State law or local ordinance shall be imposed in addition to the base fine.

(d) As an alternative to a fine, the County would encourage the Court to grant diversion or probation with a condition the offender complete a rehabilitation program or treatment plan.

(e) Nothing in this Section shall be interpreted as limiting an Enforcement Officer from impounding a vehicle used in violation of this Chapter if permitted by Cal. Vehicle Code § 22651.

(Ord. 4494, passed - -2025)