Shasta County Municipal Code Ch. 8.52 Temporary Housing, Squatting, and Unlawful Camping

A. The provisions of this chapter shall be applicable to any and every camp, campsite, camping facility, house court, tent camp space, and squatter camp in the unincorporated area of the county. Unless otherwise provided, nothing herein shall exempt any person from applicable zoning, use permit, building, or land use requirements of state law or this code.

B. This chapter is a regulatory provision necessary for the protection of the public health, welfare, and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent.

C. Unless otherwise provided in this chapter or by state law, a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1.08 of this code.

D. A violation of any provision of this chapter constitutes a public nuisance.

(Ord. 98-6 § 2: prior code §§ 3803, 3804)

For the purpose of this chapter the following definitions apply:

"Apartment" means a room or suite of rooms which is occupied or intended or designed to be occupied by one family or person for living and/or sleeping purposes in a house court.

"Board of supervisors" means the Shasta County board of supervisors.

"Camp" means to set up, use, or remain in or at a campsite.

"Camp cars and/or trailer" means any unit used for living and/or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting such unit from place to place, whether by motive power or other means.

"Camping facilities" include, but are not limited to, tents, tarpaulins, temporary shelters, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, sleeping bags, and other similar equipment used to live temporarily in the outdoors or temporarily in, upon, under, or about any structure.

"Campsite" means any place where camping facilities are used.

"Code" means the Shasta County Code.

"County" means the county of Shasta.

"Family" means one person living alone or a group of two or more persons living together in an apartment whether related to each other or not.

"Federal government" means the government of the United States of America.

"Health department" means the Shasta County public health department.

"House court" means any building or structure containing two or more apartments or any group of two or more separate buildings or structures containing one or more apartments each located on a parcel of land or contiguous parcel or parcels of land under the ownership or operation of one person, which building or structure or any portion thereof is, with the consent of the owner or person in charge of the land upon which such house court is located, designed, built, rented, leased, let or hired out to be occupied by, or which is occupied as the home or residence or living quarters of two or more families or persons living independently of each other.

"Peace officer" means a person designated as a peace officer in Section 830 of the California Penal Code as it currently reads or may hereafter be amended.

"Person" means a corporation, copartnership or association as well as a natural person.

"Public agency" means any county, city, public district, public entity or authority or other public or municipal corporation, the federal government or any federal department or agency, this state or any state agency or department, or any school district.

"Public property" means land or waters which are owned, rented, leased, managed, or maintained by a public agency, and shall include, but not be limited to, all buildings, bridges, and structures thereon.

"Squatter" means one who settles or locates on land with no bona fide claim or color of title or without the consent of the owner or person in charge of the land.

"Squatter camp" means an area of land occupied by a squatter.

"State" means the state of California.

"Tent camp space" means any place where one or more tents or camp cars or trailers are erected or maintained for hire or use or intended or designed to be used as living or sleeping quarters for one or more families or persons or where space is rented for the placing of such tents or camp cars or trailers, or where free camping is permitted with or without tents or camp cars or trailers, or where one or more tents or camp cars or trailers are established for living or sleeping purposes with the consent of the owner or person in charge of the land upon which the tent camp space is located.

(Ord. 98-6 § 3: prior code § 3800)

When authorized by law, the county health officer or his or her designee, any registered environmental health specialist employed by the county, or any peace officer may enter any premises in the unincorporated area of the county, including any structure, building, or habitation, for the purpose of enforcing the provisions of this chapter or the laws of this state.

(Ord. 98-6 § 4: prior code § 3801)

A. It is unlawful to construct, reconstruct, maintain, begin the operation of or operate a house court, campsite, or tent camp space upon any public or private property in the unincorporated area of the county except as herein otherwise specified; and it is unlawful to occupy for living and/or sleeping purposes or to reside in any house court, campsite, or tent camp space without written permission from the owner of the land or person in charge thereof upon which such house court, campsite, or tent camp space is located or the owner or person in charge of such house court, campsite, or tent camp space; and in any criminal prosecution or civil action for a violation of this chapter the burden of proving such permission shall rest upon the person or persons so occupying the house court, campsite, or tent camp space. No written permission given by the owner or person in charge of land pursuant to this subsection A shall exempt the owner, person in charge, or the holder of such written permission from any applicable zoning, use permit, building, or land use requirements, or other provisions of state law or this code. In the absence of permission such tent camp, campsite, or house court, habitation shall be deemed a squatter camp as defined in this chapter and it is unlawful to construct, reconstruct, maintain, begin the operation of, operate, occupy for living or sleeping purposes, or to reside in such a squatter camp.

B. Notwithstanding subsection A of this section, it is unlawful for any person to camp, or to use or occupy a campsite or a squatter camp for any length of time within the following areas or places unless otherwise specifically authorized by law or by declaration of the board of supervisors in emergency circumstances:

1. All public property in the unincorporated area of Shasta County located within Township 33 North, Range 5 West, sections 20, 21, 28, 29, 31, 32; and Township 32 North, Range 5 West, sections 4, 5, 6, 7, 8, 9, 16, 17, 20, and 21 of the Mount Diablo Meridian, also known as the Keswick Reservoir "Rails-to-Trails" extension of the City of Redding Sacramento River Trail and its environs.

2. In or upon any public building, bridge, or structure in the unincorporated area of Shasta County.

C. Notwithstanding subsection B of this section, camping is permitted when permission has been given in writing by the owner or agent of the owner of private property, or, in the case of public property, a public officer authorized by the public agency to grant or deny such permission. Such written permission shall be in the possession of a person occupying the campsite and must permit camping at the location of the campsite and for the time the campsite is occupied. Failure to possess such written permission at the campsite shall be deemed unlawful camping in violation of this code. In any criminal prosecution or civil action brought pursuant to the provisions of this chapter, it shall be the burden of the defendant to present evidence of such written permission. No written permission to camp shall exempt the holder thereof from any applicable zoning, use permit, building, or land use requirements, or other provisions of state law or this code.

D. This section shall not apply and shall not be enforceable against any natural person when that natural person is on public property and there is no available overnight shelter.

1. The term "available overnight shelter" is a public or private shelter, with an available overnight space, open at no charge to a natural person or family unit experiencing homelessness.

2. A shelter shall not be considered available when a natural person cannot occupy said space due to (a) overcapacity, (b) exhaustion of stay limitations, (c) restrictions on returning to a shelter within a period of time after voluntarily leaving the shelter, (d) restrictions on time of arrival at the shelter, or (e) when religious observance is required as a condition of gaining shelter.

3. If a natural person cannot utilize the overnight shelter space due to his or her intoxication, drug use, disruptive behavior, or violation of shelter rules except as noted in subsection D.2. of this section, the overnight shelter space shall be considered available.

(Ord. 98-6 § 5: prior code § 3802)

(Ord. No. 2019-01, § I, 3-26-2019)

All persons operating any house court or tent camp space shall be licensed by the board of supervisors of the county and a fee charged for such operation as may be determined by said board of supervisors, by resolution. Such license must be displayed in a conspicuous place on the premises.

(Prior code § 3824)

It shall be the duty of the owner or person legally in charge of the land upon which any house court or tent camp space is located or of the operator or person in charge of such house court or tent camp space to see that all of the buildings, structures, tents and equipment in connection therewith, are maintained in good repair and that the habitations are in such condition as to afford protection to the occupants against elements and so as to exclude dampness in inclement weather. The roofs shall be kept waterproof and all storm or casual water properly drained and conveyed therefrom to the street sewer, storm drain or street gutter, or otherwise disposed of in a manner so as to not create an unsanitary condition.

(Prior code § 3813)

An adequate number of covered metal watertight and flytight depositories for garbage and rubbish shall be provided and shall be conspicuously and conveniently located in every house court and tent camp space.

(Prior code § 3810)

Each camping party shall be allowed usable ground space of not less than five hundred square feet.

(Prior code § 3811)

Every building, structure, camp car, trailer, tent or other habitation in a house court or tent camp space and all of the premises of every house court or tent camp space shall be kept clean and sanitary in every part and free from all accumulation of debris, filth, rubbish, garbage or other offensive matter.

(Prior code § 3812)

No habitations or shelters constructed of shacks, rugs, boxes, cans, weeds, refuse material of any objectionable nature, or any combination of the foregoing, shall be permitted in any house court or tent camp space and it shall be the duty of the owner or person legally in charge of the land upon which any house court or tent camp space is located or of the operator or person in charge of such court or tent camp space where any such construction exists to have it removed from the premises or demolished.

(Prior code § 3814)

A supply of water safe for human consumption shall be provided in ample quantity to meet all requirements of maximum number of persons using such house court or tent camp space at any one time. The water supply shall be easily obtainable from its source, or through a pipe distribution system from which faucets shall be located not more than one hundred fifty feet from any house court or tent camp space within such ground. If the water supply is obtained from a well, the well must be properly covered so that water may not be dipped therefrom; also be properly banked so that surface water cannot drain thereinto.

(Prior code § 3815)

It is unlawful to build or maintain any fire, campstove, or other incendiary device so as to endanger automobiles or other property in any house court, tent camp space, squatter camp, or campsite. It is unlawful to leave any fire, lighted and burning campstove, or other lighted and burning incendiary device unattended at any time on the premises of any house court, tent camp space, squatter camp, or campsite.

(Ord. 98-6 § 6: prior code § 3816)

It is unlawful to deposit sewage effluent, garbage, or rubbish from any house court, tent camp space, squatter camp, or campsite in an unsanitary manner or upon any private or public property other than property designated or set aside for that purpose by the owner or governing board or body having charge of that property.

(Ord. 98-6 § 7: prior code § 3817)

At least one privy, or water closet or chemical type toilet, as approved by the health department, must be provided at every house court or tent camp space for each sex for every ten apartments, tents, campcars, trailers, or other habitations. No house court habitation or habitation in a tent camp space, shall be a greater distance from both men's and women's toilets than two hundred feet. The location of all toilets shall be plainly indicated by proper signs. The interior of all toilet buildings shall be kept clean and properly lighted and ventilated and from sunset to sunrise a proper light shall be kept burning in all public toilet buildings in house courts and tent camp spaces.

(Prior code § 3818)

A. Every privy now existing, or hereafter erected in a house court or tent camp space, shall be constructed or reconstructed in a substantial manner of durable materials and all cracks or ventilating openings in the structure shall be effectively battened or covered with wire screening not larger than No. 16 mesh. Every such structure shall be equipped with a full sized door and the door shall be equipped with a spring or similar device, or so hung, that it will close tight of its own accord when not in use. Hinged covers shall be placed over all seat holes and so installed that they will close tight over the seat holes of their own accord when not in use.

B. Pits for such privies shall be of adequate depth and the structures shall be placed over same in such a manner as to prevent the ingress and egress of flies. All privy pits shall be provided with ventilator openings directly into the pit and such openings shall be effectively screened with wire screening not larger than No. 16 mesh. When the excreta in any privy comes within two feet of the surface of the pit it shall be filled with earth. All nonconforming privies existing at the time of the passage of this chapter which are not reconstructed to meet the requirements hereinbefore set forth shall, by the owners, be demolished, and the pits shall be properly disinfected and filled with earth. No privy hereafter constructed or moved shall be set within twenty-five feet of any human habitation or any place where food or within fifty feet of a well for human consumption is located in a house court or tent camp space. The health department shall have power to prescribe additional regulations as may be necessary.

(Prior code § 3819)

A sufficient number of public slop hoppers or sinks shall be provided at all house courts or tent camp spaces and shall be connected with an adequate sanitary disposal.

(Prior code § 3820)

It shall be the duty of the owner or resident caretaker of any house court or tent camp space to report immediately to the health officer, whereupon it shall be the duty of the health officer to examine or cause to be examined such person afflicted with, or reasonably suspected to be afflicted with, such infectious or contagious disease and cause such person to be isolated or removed from said house court or tent camp space whenever the same may be necessary for the protection of public health, and in accordance with the rules and regulations of the county health department and the State Department of Public Health.

(Prior code § 3821)

A. In addition to the other requirements in this chapter set forth, all buildings, structures or tents under or intended or designed to be used for human habitation hereafter erected in any house court or tent camp space shall meet the following minimum requirements and it shall be the duty of the owner or person legally in charge of the land upon which said house court or tent camp space is located or of the operator or person in charge of such house court or tent camp space to see that the following requirements are complied with:

1. A clear air space of at least twelve inches shall be maintained between the ground and the lower edge of the floor of any building in a house court and the entire space under the building from the level of the floor to the ground must be enclosed, except that a sufficient number of ventilating screens or lattices must be provided to properly ventilate underneath the building. The provisions of this subsection shall not apply to masonry floors laid directly on the ground.

2. All floors, exterior and interior walls and ceilings and roofs of house courts buildings shall be constructed of a good grade lumber or other impervious material and shall be kept sanitary at all times.

3. Every house court sleeping room must have a floor area of at least eighty square feet and not less than seven feet in width at any point within that portion of the room for computing the minimum area of eighty square feet; and every living room, sleeping room or kitchen in a house court building must have a ceiling height of at least eight feet. Attic rooms or rooms where sloping ceilings occur, must have the prescribed ceiling heights in not less than one-half the area of the room.

4. Every living room, sleeping room or kitchen in every house court building shall be provided with windows, the area of which shall be equal at least to one-eighth of the floor area except that in no event shall the aggregate window area of any living room, sleeping room or kitchen be less than twelve square feet.

5. The windows of all rooms in house courts must open on to unobstructed areas of adequate dimensions, located on the same lot as the house court building they were designed to serve, and must be arranged so that at least one-half of their required aggregate area can be opened unobstructed.

6. If a kitchen is provided in any house court building, it must be equipped with running water and a sink, if running water is available, and the drainage from such sink must be disposed of in a sanitary manner.

7. No toilet room shall be permitted to open directly into a kitchen or other room in which food is prepared or stored.

B. Anything in this chapter to the contrary notwithstanding, the county health officer may grant special exception permits in isolated localities where the application of this chapter or any of the provisions thereof, would, in his discretion, be impracticable or unnecessary.

(Prior code § 3822)

It shall be the duty of the owner or person legally in charge of land upon which any house court or tent camp space is located, or of the operator of or person legally in charge of such house court or camp space, to register all guests, take the license number of automobiles and trailers and to keep a registration book of the same which shall be open to inspection at any time by the county health officer, his deputies and assistants and other county law enforcement officers.

(Prior code § 3823)

It is unlawful for the owner, operator, or person in charge of the land upon which any house court, tent camp space, squatter camp, or campsite is located to fail to comply with the provisions of this chapter.

(Ord. 98-6 § 8: prior code § 3825)