San Rafael Municipal Code Ch. 19.50 Camping on Public Property

Footnotes:

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Editor's note— Ord. No. 2035, § 2, adopted May 6, 2024, repealed the former Ch. 19.50, §§ 19.50.010—19.50.050, and enacted a new Ch. 19.50 as set out herein. The former Ch. 19.50 pertained to similar subject matter and derived from Ord. No. 2030, § 2, adopted July 17, 2023.

The purposes of this chapter include but are not limited to: protecting public health, safety, and welfare; preserving public property for the enjoyment and safety of all members of the public; enhancing and preserving the orderly administration and management of public property; and preserving, protecting, and preventing damage to public resources. This chapter prohibits conduct that unreasonably interferes with the administration and lawful uses of public property by establishing reasonable time, place, and manner conditions related to camping on public property.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)

As used in this chapter, the following terms shall have the following meanings:

A. "Camp" or "Camping" means use of space on public property for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or using any tents or shelter or other structure or vehicle for sleeping. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are using the area as a living accommodation regardless of the nature of any other activities in which they may also be engaging.

B. "Camp paraphernalia" means implements and equipment used for camping, including tents, cots, beds, hammocks, vehicles, other temporary physical shelters, tarpaulins, mattresses, sleeping bags, bedrolls, blankets, sheets, pillows, and cookware or cooking equipment.

C. "Campsite" means the primary physical area of occupation of one person camping or up to four persons camping together, inclusive of camp facilities, camp paraphernalia, and personal property.

D. "Park" means any area described in area described in San Rafael Municipal Code Section 19.20.020(I). The city will maintain on its public website and in hard copy at the City Clerk's office a map of all parks meeting this definition.

E. "Playground" means an improved outdoor area designed, equipped, and set aside for children's play in a park or school that is not intended for use as an athletic playing field or athletic court, and also includes any playground equipment, fall zones, surface materials, access ramps, and all areas within and including any designated enclosure and barriers.

F. "Public facility" means any building or structure on public property, whether secured, unsecured, locked, unlocked, open, or enclosed, as well as any area of public property enclosed by a locked fence.

G. "Public property" means any real property within the jurisdiction of the City of San Rafael, which is owned, managed, or controlled by the City of San Rafael.

H. "Public right-of-way" means land which by written instrument, usage or process of law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other transportation purposes, whether or not such land is actually being used or developed specifically for those purposes.

I. "Public utility infrastructure" means public bathrooms or infrastructure and equipment used to provide public utility services, including electricity, gas, water, stormwater, telecommunications, and sanitation services.

J. "School" means any public or private institution of educational learning up to and including grade 12.

K. "Sidewalk" means any area in the city provided for the use of pedestrians, including planting areas, driveway approaches, and parking strips, between the public vehicular roadway and the edge of public right-of-way bordering, fronting, or adjacent to private real property.

L. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

M. "Vehicle" means any wheeled conveyance, whether motor-powered or self­ propelled, and includes any trailer in tow of any size, kind, or description.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)

A. Prohibited Camping.

1. Park. No person or persons shall camp in or on any park, or portion thereof.

2. Parking garages. No person or persons shall camp in or on the premises of any parking garage, or portion thereof, owned or operated by the city.

3. Public facilities. No person or persons shall camp in or on any public facility, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with access to a public facility or private real property.

4. Playgrounds. No person or persons shall camp within 100 feet of any playground.

5. Schools. No person or persons shall camp within 250 feet of the property boundary of any school.

6. Public right-of-way and sidewalks. No person or persons shall camp in or on any public right-of-way or sidewalk, or portion thereof, or in a manner that obstructs, blocks, or otherwise interferes with use of or access to a public right-of-way or sidewalk.

B. The city council or city manager may, by resolution or administrative order, absolutely prohibit camping, or adopt time, place, or manner conditions on camping, at any time in or on one or more public properties, or portion thereof.

C. The city shall maintain on its public website and in hard copy at the city clerk's office a current citywide map of all public property parcels prohibited to camping by subsections A.1., A.2., A.4., A.5., and B. of this section 19.50.030.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)

A. As to public property not listed as prohibited for camping under Section 19.50.030, no person shall camp on such other public property, except as set forth below.

B. Time, place, and manner conditions:

1. Campsite size and occupancy.

a. No campsite occupied by one person shall exceed an area of 200 sq. ft., inclusive camp paraphernalia, and personal property.

b. No campsite occupied by more than one person shall i) exceed an occupancy of four persons or ii) exceed an area of 400 sq. ft., inclusive of camp paraphernalia, and personal property.

c. All camp paraphernalia, and other personal property shall be stored and kept within the maximum permitted campsite area.

d. Items stored or discarded outside of the maximum permitted campsite area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.

e. No person shall establish or occupy more than one campsite.

2. Clearance and setbacks.

a. A minimum clearance of 10 feet around all sides of any campsite allowed under this section shall be maintained free and clear of trash, debris, and personal property, including but not limited to camp facilities and camp paraphernalia. Items stored or discarded within the 10-foot clearance area shall be presumed to be unattended personal property or trash or debris and may be stored or discarded by the city.

b. No campsite may be established or occupied within 10 feet of any other campsite allowed by this section, public utility infrastructure, or private real property, including a fence of such property.

c. No campsite may be established or occupied within five feet of the edge of pavement of a roadway open to the use of the public for purposes of vehicular traffic.

3. Unpermitted structures and building materials. No person shall occupy, construct, or erect on public property, or affix or tie to public or private property, any building, shed, shack, fence, or other structure made of building material, or store any building material on public property for camping. For purposes of this paragraph, "building material" includes wood, steel, concrete, stone, brick, masonry, plastic, cement composites, glass, sand, or other similar material of a type and quantity normally used for construction purposes.

a. Exception: Fabric tents, fabric tarps, or other similar non-permanent, removable items may be used for temporary shelter within a campsite, provided they are not affixed or tied to any public property, private real property, vegetation, or infrastructure, except for the use of removable stakes to secure the item to unimproved ground on public property.

b. Exception: Removable plastic pallets or sandbags may be used to temporarily raise a tent or other camp facility off of the ground, provided that such items are not affixed or tied to any public property, private real property, vegetation, or infrastructure.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)

A. In addition to enforcement as described below, the City may enforce this chapter pursuant to chapters 1.42, 1.44, and 1.46; provided, however, that no person shall be charged with a criminal violation unless their unlawful conduct is knowing or willful.

B. The city manager or their designee shall be responsible for enforcement of this chapter.

C. For a violation of section 19.50.030 A.—B., the city manager or their designee may require the person in violation to immediately cease the prohibited camping.

D. For violation of section 19.50.040 B.1.—2., related to the size, occupancy, and clearance or setbacks of a campsite, the person camping shall be given 48 hours to come into compliance with this chapter. The city manager or their designee shall provide upon request a physical demarcation of the allowed boundary to assist the person camping to comply with this chapter.

E. Unpermitted Structure. For a violation of section 19.50.040 B.3., related to an unpermitted structure, the structure shall be tagged with a notice to remove the structure from public property within 48 hours. If the noticed structure is not removed from public property within 48 hours of notice, the city manager or their designee may immediately remove such structure and restore the public property.

F. Exigent Circumstances. For a violation of section 19.50.040 B.1.—2. whereby there is an imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate action, the City Manager or their designee may require the person in violation to immediately cure the violation. The City Manager or their designee shall provide as much advance notice as reasonable under the circumstances.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)

To the extent that there is any conflict with any other provisions of this Code, the standards and regulations of this chapter shall prevail.

(Ord. No. 2035, § 2, 5-6-2024; Ord. No. 2040, § 2, 9-3-2024; Ord. No. 2046, § 2, 4-21-2025)