Sec. 19-15. - Camping prohibited on public property, etc.

(a)

Definitions:

(1)

"Camping." For the purposes of this section, the term "camping" means residing in the outdoors for living accommodation purposes, including sleeping or making preparations to sleep (such as laying down bedding for the purpose of sleeping), storing personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, luggage, backpacks, kitchen utensils, cookware, and similar items ), cooking or consuming meals, pitching a tent or other temporary shelter; includes the verb, to "camp".

(2)

"Public property." For the purposes of this section, the term "public property" means any property normally open to the general public that is owned by any public entity, including the county of Sonoma. "Public property" does not include (a) property owned by a "public agency" as defined by Government Code section 53050 (b) property for which a permit must be acquired for members of the public to use it, (c) property with restricted access, including property which is locked, fenced, or posted as "No Trespassing"; or (d) property which is subject to a leasehold or other possessory interest of a person or entity other than the public entity. Property excluded from the definition of "public property" under this subsection shall be treated as private property and subject to the prohibitions set forth in subsection (d) below.

(3)

"Regulatory Floodway" as defined and depicted on the current FEMA National Flood Hazard Maps for Sonoma County.

(4)

"Very High Fire Severity Zone" as established in accordance with California Government Code §§ 51178 and 51179.

(b)

Camping on Public Property Prohibited at All Times. It shall be unlawful at all times of the day for any person or persons to camp on any public property (1) inside any public building, inside any fully-fenced area attached to a public building, or within twenty-five feet (25') of any entrance or exit to a public building, (2) within fifty feet (50') of any house or other permanent structure used as a residence (3) within one hundred feet (100') of the property line of any property used as a school, preschool, playground, daycare, or other licensed childcare facility, (4) within one hundred fifty feet (150') of the high water mark of the waters of the state as defined by subdivision (e) of California Water Code § 13050, or within a Regulatory Floodway, whichever is greater, (5) within a Very High Fire Severity Zone, (6) within any public park, except as authorized under Chapter 20 of this Code, or (7) within any public highway, road, or street (8) within any public sidewalk, easement, or right of way, where the presence of the person or their property thereon hinders or obstructs the free passage, access, or movement of any persons, bicycles, or vehicles travelling or attempting to pass along the same right of way, and (9) within twenty-five feet (25') of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center. In order for a violation of subsection (b)(4) or (b)(5) to occur, an individual first must be requested by a peace officer to move along from the area unless the individual has been provided a prior warning or written notice of the prohibition on camping at that location or if there is signage posted in the area warning of the prohibition on public camping.

(c)

Camping on Public Property Prohibited at Certain Times. As to any public property not specifically identified in subdivision (b) above, it shall be unlawful for any person or persons to camp in or on any public property daily between the hours of 7:00 a.m. and 9:00 p.m.

(d)

Camping on Private Property Prohibited Absent Owner Permission. It shall be unlawful for any person or persons to camp on any private property without first obtaining the written permission of the owner or other person(s) in lawful possession of the property.

(e)

Exceptions. Notwithstanding the prohibition against camping on public or private property, it is not the intent of this section to prohibit persons, when necessary for their safety or the safety of others, to pull off the public road and sleep, whether inside or outside their vehicles. In addition, this Section shall not prohibit camping by authority of a written permit issued by the County, or as specifically authorized by any other ordinance, law, or regulation.

(f)

Penalty for Violation. Any person who violates this section is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by the imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 6419, § II, 4-18-2023; Ord. No. 6060, § III, Exh. C, 2-25-2014)

Editor's note— Ord. No. 6060, § III, Exh. C, adopted Feb. 25, 2014, repealed the former § 19-15, and enacted a new section as set out herein. The former § 19-15 pertained to camping and vehicle habitation, prohibited on public streets, etc., and derived from Ord. No. 5508, § 1, adopted in 2004.