Santa Ana Municipal Code § 10-402 Unlawful camping

The public parks, public streets and alleys, public parking lots, public rights-of-way, parkways, public sidewalks, and other publicly-owned or controlled property within the City should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for Camping purposes and/or for the Storage of Personal Property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this article is to maintain these public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public property.

(Ord. No. NS-2160, § 1, 8-3-92; Ord. No. NS-3074, § 4, 1-21-25)

Unless the particular provisions or the context otherwise requires, the definitions contained in this Section shall govern the construction, meaning and application of words and phrases used in this article.

(a) Camp or Camping means to pitch, erect, or occupy an 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, or to use a vehicle for human habitation. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camp paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property at any time to live, dwell, or reside, which is exemplified by: the person sleeping, or preparing to sleep outdoors; the person having with them recreational equipment that cannot be used for its intended purpose; the person having with them camp stoves, pots, pans, or other cooking equipment in an area that is not designated for cooking; the person having with them a sleeping bag, sleeping pad, blanket, pillow, bedroll or other similar bedding; the person having with them trash, recyclables, rubbish, or other garbage; the person having with them animal waste or medical waste that is stored in buckets, bottles or similar containers; and/or the person bathing or grooming themselves outside of facilities designated for those purposes. A person shall be considered to be using a vehicle for human habitation if the person admits they are using the vehicle to camp; the inability of a person outside the vehicle to view through two (2) or more windows because the view is limited or blocked; the inability to use seating in the vehicle because a large volume of personal belongings, trash, rubbish, or garbage is stored in the vehicle; the person is preparing or cooking meals inside or on the vehicle; the person is bathing or grooming inside the vehicle; the use of buckets, bottles or similar containers to hold bodily fluids, or human waste; and/or having furniture set up or around the vehicle, such as chairs, tables, umbrellas, or portable cooking equipment, where the totality of the items impedes and impacts the public right-of-way and general public safety.

(b) Camp facility or camp facilities means any, or a combination of, the following: a tent, hut, other temporary physical structure or shelter, cot, bed, or hammock

(c) Camp paraphernalia means items that facilitate living outside including items that are used for: sleeping, such as such as sleeping bags, sleeping pads, blankets, pillows, bedrolls, or other similar bedding; cooking, such as camp stoves, pots, pans, or other cooking equipment; storage, such as backpacks, luggage, or coolers; sitting, such as moveable chairs; and lighting, such as headlamps, a lantern, or flashlights (d) Civic Center means the same as defined in Section 36-18 of the Code.

(f) Median means the same as defined in Section 36-16 of this Code

(e) Park means the same as defined in Section 31-1 of this Code.

(f) Personal Property means 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" as defined in Sec. 33-210 of this Code.

(g) Public Place shall mean the same as defined in Section 10-701 of this Code.

(h) Store, Stored, Storing or Storage 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 on public property or returning personal property within one thousand (1,000) feet from a location where a person previously received a citation for violation of Section 10-403 within a thirty (30) day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.

(i) Street means the same as defined in Section 1-2 of this Code.

(i) Tent means any tarp, cover, hut, structure, enclosure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, hut, structure, enclosure, or shelter.

(k) Vehicle shall include a motor vehicle as defined by California Vehicle Code Section 415, a recreational vehicle as defined by California Health and Safety Code Section 18010(a), a camp trailer as defined in California Vehicle Code Section 242, a house car as defined in California Vehicle Code Section 362 or a trailer coach as defined in California Vehicle Code Section 635, or any successor statute thereof.

(Ord. No. NS-2160, § 1, 8-3-92; Ord. No. NS-2194, § 1, 5-3-93; Ord. No. NS-3074, § 4, 1-21-25)

It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided:

(a) Civic Center;

(b) Median;

(c) Public Place.

(Ord. No. NS-2160, § 1, 8-3-92; Ord. No. NS-3074, § 4, 1-21-25)

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

(a) Civic Center;

(b) Median;

(c) Public Place.

(Ord. No. NS-2160, § 1, 8-3-92; Ord. No. NS-3074, § 4, 1-21-25)

(a) Any person who violates this Article may be charged with an infraction or a misdemeanor at the discretion of the citing officer.

(b) In addition to any other remedy allowed by law, any person who violates a provision of this Article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Section 1-8 of the Santa Ana Municipal Code.

(c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce this Article.

(d) A public nuisance may be abated pursuant to this Article if it must be abated immediately in order to avoid an imminent detriment, to the public health, safety, or welfare.

(Ord. No. NS-3074, § 4, 1-21-25)