Sanger Municipal Code § 38-251 Definitions

This article VIII of chapter 38 of the Sanger City Code shall be known as the "Unauthorized Sleeping, Camping, and Storage of Personal Property on Public Property Ordinance" and is referenced herein as "ordinance." The city council of the City of Sanger makes the following findings:

(1) The city is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the city.

(2) The city has had increasing concerns regarding public health and safety due to camping on or in rights-of way and public property in or near streets, roads, sidewalks, schools, residences, businesses, critical infrastructure, public access points and similar locations. Public utility properties (e.g., stormwater, water, sewer) are environmentally and operationally sensitive and generally closed to the public or have limited access for safety, environmental and security reasons.

(3) Public rights-of-way and public property are generally intended for public use and travel. The city council is the authority for rights-of-way within the city; as such, the city must consider the safety of motorists and pedestrians travelling on roadways, alleys, and sidewalks, including to and from neighboring properties, businesses, and residences.

(4) Publicly accessible areas under the jurisdiction of the city should be readily available and usable for the safe, healthy, and peaceable enjoyment of the public at large. The use of public areas for camping purposes or storage of personal property interferes with the rights of others to use and access these areas in a safe, healthy, and peaceable manner within the purposes for which they are intended.

(5) The city is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this ordinance to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found on public property.

(Ord. No. 2025-08, § 2, 10-16-25)

The following definitions apply to the use of these terms for purposes of this chapter:

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 this ordinance.

Camp or camping or encampment mean to place, erect, maintain, pitch or occupy camp facilities and/or to use camp paraphernalia on public property except as permitted by the city. an activity shall constitute camping when it reasonably appears, in light of all circumstances, the participants in conducting these activities are 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. encampment includes any camp materials or paraphernalia and personal property associated with or located in or around the structures or tents.

Camp facilities means, but is not limited to, tents, huts, or other temporary physical shelters, including, but not limited to, cots, beds, sleeping bags, hammocks or bedrolls.

Camp materials or paraphernalia includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, non-city-designated cooking facilities and similar equipment, cardboard boxes, blankets, chairs, cooking equipment, ice chests, shopping carts, wagons and similar items, as well as recreational vehicles, trailers, or mobile homes when actually used or intended for human habitation on public property without authorization.

Camp site means any location public property where camping materials are in place.

Enforcement officer means an city employee vested with authority to enforce the Sanger City Code and peace officers. See Sanger City Code section 1-21.

Park means any public area owned by the city and used for passive or active recreational purposes.

Personal property means 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 property means any publicly owned, maintained, or operated property in the city whether improved or unimproved. It includes, but is not limited to, any of the following: public parks, public alleyways, public parking lots, public passageways, public rights-of-way; publicly owned or maintained landscaped areas or greenbelts, sidewalks, curbs, walls, fences, utility equipment boxes; public facilities; city buildings; public educational institutions or other government-owned public properties located within the city.

Recreation area means a playground, swimming pool, recreation center, or any other area in the city, owned or used by the city, and devoted to active or passive recreation.

Sleep means sleeping in or on any public property or in, on or under any parked vehicle, including any automobile, bus, truck, or vehicle parked on any of the streets, sidewalks, alleys, public rights-of-way, parks, or any other public property within the city.

Store means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. Moving personal property to another location where storage is prohibited under this ordinance shall be considered storage and does not constitute removing personal property from a location prohibited under this ordinance.

Street means, but is not limited to, all highways, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

Unattended means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

(Ord. No. 2025-08, § 2, 10-16-25)

(a) It is unlawful for any person to sleep in a city public park between the hours of 10:00 p.m. and 7:00 a.m.

(b) It is unlawful for any person to sleep under/or in any parked vehicle, including any automobile, bus, truck, or vehicle parked on any of the streets, sidewalks, alleys, public rights-of-way, or on any other public property within the city. Sleeping does not include sleeping at a park between 7:00 a.m. and 10:00 p.m.

(c) It is unlawful for any person to camp or establish or maintain an encampment or to store personal property in a manner that materially interferes with the intended public use of any public property within the city, unless expressly authorized by law or permit. For purposes of this section, camping' does not include incidental recreational uses, such as umbrellas, sunshades, or picnic equipment during park hours, or the temporary use of structures pursuant to a city-issued permit.

(d) It is unlawful to camp or sleep within 200 feet of any posted notice to vacate or other official signate designating a location for encampment clearance or otherwise prohibiting sitting, sleeping, lying, camping, or placing personal property in that location.

(e) The city shall adhere to state law as it pertains to mobile and sidewalk vendors.

(Ord. No. 2025-08, § 2, 10-16-25)

This ordinance shall not apply to the following:

(1) Any person sleeping or camping in a specified camping area designated by the city. The city council may, by resolution, establish one or more specified camping areas. Such camping areas, if any, may be located on public property.

(2) Any person sleeping or camping in an area authorized or approved by the city manager or in an area that involves camping approved or sponsored by the city.

(3) This definition shall not include any personal property that, pursuant to statute, ordinance, permit, regulation, or other authorization by the city or state, is stored with the permission of the city or state on real property that is owned or controlled by the city.

(Ord. No. 2025-08, § 2, 10-16-25)

(a) No individual shall intentionally obstruct the free passage of pedestrians, bicycles, wheelchairs, or vehicles on a street, sidewalk, alleyway, trail, entrance to public facilities or buildings, or other public right of way, in a manner that renders the area impassable or unreasonably interferes with public access, including access required under the Americans with Disabilities Act of 1990, or as amended. For purposes of this section, "obstruction" does not include incidental or temporary conduct, such as resting, carrying personal items, or lawful permitted activities, unless such conduct creates a material impediment to safe passage

(b) An enforcement officer may remove personal property only where:

(1) The property is abandoned, presents an immediate threat to public health or safety, or constitutes evidence of a crime or contraband; or

(2) The property is unlawfully obstructing public access and the individual responsible has been given reasonable notice and an opportunity to remove it voluntarily.

(c) This section shall not be construed to prohibit activities expressly authorized by permit, license, or other lawful authorization issued by the city or another governmental authority with jurisdiction.

(Ord. No. 2025-08, § 2, 10-16-25)

The city manager, or designee, is specifically authorized to modify or suspend enforcement of any section or part of this ordinance in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including but not limited to extreme heat or cold), or for any other reason within the city manager's authority, regardless of whether an emergency has been declared. in addition, the city manager may suspend the enforcement of regulations contained in this article when the city manager, or designee, has determined a person does not have access to shelter and is engaged in case management or behavioral health services, or when necessary or appropriate to respond to a person's disability, or as further set forth in city's administrative policies implementing this ordinance adopted by the city manager, or designee.

(Ord. No. 2025-08, § 2, 10-16-25)

Methods of enforcement for violations of this ordinance are not exclusive and may consist of multiple enforcement mechanisms where legally authorized and appropriate. however, the intent of the city is to always resolve violations at the lowest possible level, and to engage to seek compliance and solve problems while maintaining the dignity of all involved.

(Ord. No. 2025-08, § 2, 10-16-25)

The city may remove personal property, camping paraphernalia, and all other personal 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:

(1) Notice required prior to abatement.

a. Written notice of clean-up will be posted on each tent or structure and in any other visible areas of the encampment providing notice of the date of clean-up and giving a minimum of 48 hours for persons to remove their personal property. The written notice shall also include the following statement, which may be updated by the city manager to provide accurate and current information:

"You must remove your belongings from the site within 48 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 think your belongings were stored, you can claim them by calling 876-6300 extension 5600. You may retrieve any stored belongings without being asked about your criminal background or outstanding warrants.

You may access shelter or services, including access to storage for your personal belongings, through the City of Sanger's website or by calling 876-6300 extension 1500."

(2) Conducting abatement.

a. After 48 hours, the city manager 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 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 the notice of clean-up with a new date.

b. The city shall follow these additional procedures when persons are present at an encampment during abatement:

1. The city shall attempt to provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.

2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site.

c. 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 impounded by the city in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the city shall follow the abatement process in this division.

d. 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 or contain hazardous or illegal substances, then close,

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.

e. 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.

(3) Items eligible for storage. Examples of items potentially eligible for storage include identification and associated paperwork; bank statements and legal paperwork; eyeglasses; medication stored in medication bottles with identifying information; art, art supplies and musical instruments, operational wheelchairs, walkers, crutches and other medical equipment; backpacks, purses, suitcases and the like; 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.

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 days and then may be disposed of, recycled, or reused following the process in the Sanger City Code.

(4) Items not eligible for storage. An item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:

a. Hazardous, including items contaminated with human waste or bodily fluid; soiled items likely to expose others to disease; toxic sharps such as needles, scissors, and knives; chemicals such as bleach paint, oils, etc.; animal waste; or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

b. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud practically un-storable, due to large size, weight, or other similar characteristic;

c. Items infested by rodents and insects;

d. Personal belongings that are comingled or littered with needles, human waste, or other health risks;

e. Contraband or stolen; or

f. Is on the city manager's current list 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.

(5) Posting required. 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.

(6) Expedited abatement for exigent circumstances. In an expedited abatement, the city shall follow the same abatement and storage procedures above but shall post a notice of clean-up giving a reasonable amount of time to clean the encampment and remove personal property as is necessary to abate the exigent circumstance that includes, but is not limited to: immediate notice and removal, or equal to or less than 24-hours' notice for all persons to remove their personal property.

a. The city manager shall prioritize and expedite the removal of an encampment if:

1. The city receives direction from County of Fresno 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

2. City enforcement personnel observe or reasonably suspect the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

(7) Abandoned personal property.

a. Any personal property or possessions located on public property that are unattended and whose owner cannot be readily identified are presumed to be abandoned and, pursuant to Civil Code section 2080.7. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possessions found during the abatement process in this ordinance shall first be stored as required by that section.

b. Unattended personal property or possessions that are unsanitary or verminous may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed as authorized by this code for abandoned or unclaimed property.

(Ord. No. 2025-08, § 2, 10-16-25)

This ordinance may be enforced in accordance with chapter 1, article II of the Sanger Code relating to Code Enforcement Authority and Procedures. Particular reference is hereby made to Sanger City Code section 1-23 relating to enforcement via misdemeanor, infractions, administrative citations, and civil action.

(Ord. No. 2025-08, § 2, 10-16-25)

Before enforcement actions are taken in respect to this ordinance, the enforcement personnel shall make a good faith effort for voluntary compliance by contacting the person violating this ordinance and providing a reasonable opportunity to cure or remedy the alleged violation. Enforcement personnel shall make a good faith effort to determine whether the person subject to enforcement has been referred to service providers and/or local non-profit assistance organizations and make a referral if it appears none has been made. The following shall be communicated to the person in a manner designed to help them understand the alleged violation:

(1) A written or verbal description or identification of the activity constituting the alleged violation and identification of the recipient as being the person responsible for the violation;

(2) A written or verbal statement that the enforcement personnel has determined the activity to be a violation;

(3) A written or verbal statement of the action required to fix the violation and the time and/or date by which the violation must be fixed; and

(4) A written or verbal statement advising that if the violation is not fixed within the time specified, enforcement actions may be imposed.

(Ord. No. 2025-08, § 2, 10-16-25)