San Fernando Municipal Code Art. VII Unlawful Encampment and Storage of Personal Property

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abatement means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in section 74-283.

Camp means to pitch, erect, or occupy camp facilities or encampment or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.

Camp facilities include, but are not limited to, tents, huts, or other temporary shelters.

Camp paraphernalia means personal property used to facilitate occupancy of an area and includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-City designated cooking facilities, blankets, sheets, pillows, luggage, backpacks, cookware, cooking equipment, kitchen utilities, and similar equipment.

Encampment means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

Open space means any undeveloped public property either primarily in its natural state, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

Park means any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks. The definition of park includes open space.

Public area means and includes, but is not limited to, any street, alley, park, public right-of-way, recreational area or other place to which the public has access. Public areas include private streets and alleys.

Shelter means any city-funded shelter or other city-secured shelter where individuals or families experiencing homelessness can access beds and other services or an area designated by the city for use by individuals or families experiencing homelessness.

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 the same as defined in the California Vehicle Code.

Waste means bulky waste, construction and demolition waste, green waste, hazardous waste, landscaping debris, manure, medical and infectious waste, recyclables, solid waste, special wastes, universal waste, and used motor oil as these terms are defined under San Fernando Municipal Code section 70-2. The term "waste" also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property.

Waterway means all or any portion of the Los Angeles River Watershed, including flood control channels and smaller storm water channels that feed into the Pacoima Wash, found within the territorial boundaries of the City of San Fernando.

(Ord. No. 1726, § 2, 7-15-2024)

(a) It shall be unlawful for any person to camp or to maintain an encampment in or upon any public area, including in any street, sidewalk, park, or open space, unless specifically authorized by the city council.

(b) At all times, it shall be unlawful for any person to camp or to maintain an encampment where such activity:

(1) Poses an immediate threat or an unreasonable risk of harm to any natural person,

(2) Pose an immediate threat or an unreasonable risk of harm to public health or safety, or

(3) Obstructs or disrupts the delivery of vital government services.

(c) At all times it shall be unlawful for any person to camp or to maintain an encampment in the following locations:

(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of section 74-281 (c), does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;

(2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;

(3) In any open space or waterway, or the banks of a waterway;

(4) Within any public or transit hub, on any trolley platform, or along any trolley tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and

(5) In any park where the city manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. For purposes of this section 74-281(c)(5), the definition of park does not include open space;

(6) Inside any city building or facility, including, but not limited to, lobbies, waiting areas, indoor common areas or areas where the general public is not allowed entry or portion of city-owned property where such buildings or facilities are located, including exterior common areas, landscaped areas or parking lots;

(7) At locations that obstruct or hinder ingress and egress to and from city buildings or facilities or that obstruct or hinder ingress and egress to city-owned parking lots that serve such buildings or facilities.

(d) It is unlawful for any person to do any of the following:

(1) Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

(2) Move large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the bank of a waterway;

(3) Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;

(4) Dig on the banks of a water way, or

(5) Discharge or store waste of any kind, including human waste, along the bank or into the waters of a waterway.

(Ord. No. 1726, § 2, 7-15-2024)

Violations of this article may be prosecuted as misdemeanors under article II of chapter 1 or as public nuisances under article III of chapter 1. The enforcement procedures of these articles are in addition to any specific enforcement procedures set forth in this article. Unless otherwise expressly provided, the remedies and penalties provided by this chapter are cumulative to each other, and to the remedies and penalties available under any other provision of this Code and any other laws.

(Ord. No. 1726, § 2, 7-15-2024)

The city may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures:

(a) Written notice required prior to abatement.

(1) A written notice of clean-up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 72 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the city to provide accurate and current information:

You must remove your belongings from the site within 72 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the city. The city will post an Impound Notice if belongings are stored during the clean-up process.

If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

If you think your belongings were impounded and stored, you can claim them by following the directions on the impound notice after the clean-up is complete. Information about how to claim your belongings is also available on the city's website. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.

(2) After 72 hours, the city manager or designee shall conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed or rescheduled, the city manager or designee may conduct abatement within 48 hours of the posted notice of clean-up without reposting a new notice of clean-up. If abatement is delayed longer, the city manager shall repost a notice of clean-up with a new date.

(b) The city manager or designee shall follow these additional procedures when persons are present at an encampment during abatement:

(1) City may provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site.

(2) The city shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.

(3) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.

(4) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the San Fernando Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city manager shall follow the abatement process in this article.

(c) The city shall document the abatement process as follows:

(1) Photograph or video record the site before any abatement begins,

(2) Open backpacks, purses, suitcases, and other small storage containers to determine whether they contain items eligible for storage,

(3) Set out items contained in bags or suitcases and photograph the items,

(4) Photograph or video record all items to be stored,

(5) Photograph or video record the cleanup process, and

(6) Photograph or video record the site after abatement has concluded.

(d) Unclaimed items found in abatement shall be eligible for storage if:

(1) Circumstances indicate that the item belongs to a person,

(2) The item has apparent utility in its current condition and circumstances, and

(3) The item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.

(e) An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:

(1) Hazardous, including items contaminated with human waste, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

(2) Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

(3) Practically un-storable, due to large size, weight, or other similar characteristic;

(4) Contraband or stolen; or

(5) Is on the city's current list, published on the city's website, of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item.

(f) The city shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled, or reused following the process in San Fernando Municipal Code section 2-853.

(g) After abatement has concluded and when eligible items are collected and will be placed in storage, the city shall post notices at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the city's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person's criminal background or outstanding warrants.

(h) Expedited abatement.

(1) In an expedited abatement, the city shall follow the same abatement and storage procedures in section 74-283 but shall post a notice of clean-up giving a minimum of 24 hours for all persons to remove their personal property.

(2) The city shall prioritize and expedite the removal of an encampment if:

a. The city receives direction from County of Los Angeles or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or

b. The city observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

(i) In addition to the procedures referenced above, the city council reserves the right to adopt by resolution such other administrative policies as maybe necessary or desirable to effectuate the statutory policies set forth herein.

(Ord. No. 1726, § 2, 7-15-2024)