South El Monte Municipal Code Ch. 8.22 Camping and Storage of Personal Property on Private and Public Property

The purpose of this chapter is to protect the public health, safety and welfare against adverse impacts caused by unlawful camping, unlawful storage of personal property, unlawful fires, littering, and loitering on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and city facilities. This chapter is meant to create standards to ensure that private property, public streets and public areas within the city are used for their intended purposes and are readily accessible and available to city residents and the general public.

(Ord. 1277, 10/8/2024)

The following definitions shall apply in this chapter:

"Available shelter"

means an indoor sleeping space or a space at a permitted camping location where the person in question: (1) would be lawfully permitted to sleep overnight; (2) has the means to relocate to the shelter; and (3) would not face any barriers to entering the shelter, including, but not limited to, required fees that the person cannot pay or required participation in religious programming to which the person objects.

"Camp" or "camping"

means residing in or using any property for living accommodation purposes, such as sleeping or making preparations to sleep (including laying down bedding for the purpose of sleeping), setting up or occupying camp facilities, storing personal property, making any fire, regularly cooking meals, or setting up or using any camp paraphernalia. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the property as a living accommodation with the intent to camp.

"Camp facilities"

include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that are of sufficient size for a person to fit underneath or inside while sitting or lying down, including the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

"Camp paraphernalia"

means but is not limited to tarps, cots, beds, sleeping bags, other bedding, hammocks, or non-city-designated cooking facilities or heating equipment and similar equipment.

"County"

means Los Angeles County.

"Enforcement officer"

means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this Code.

"Flood zones"

means flood areas as determined by the current Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency (FEMA).

"Personal property"

means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarps, bedding, blankets, sleeping bags, and personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

"Prohibited public place"

means any of following locations:

Any portion of public property such as streets, sidewalks, plazas, parks, parking lots, empty lots owned or leased by the city or another public entity and any similar public property;

All city-owned or leased buildings and facilities, as well as the entire parcel or parcels on which they are located, including, but not limited to:

a.

Civic Center;

b.

City Hall;

c.

Community Center;

d.

Senior Citizen/Community Center;

e.

Recreation Center;

f.

City Yard;

City parks and all structures located therein;

All county-owned or leased and school district-owned or leased property within the city, including, but not limited to, the Los Angeles County Public Library and parks, unless camping is authorized on the property by the county or school district;

On, under, or within 500 feet of bridges and highway underpasses, with the exception of property that is part of a state highway;

Locations on public property with a high fire damage; and

Flood zones.

"Public property"

means any city owned or leased property, county owned or leased property, school district owned or leased property, all public right-of-way, and any other publicly owned, operated, or maintained property in the city, with the exception of state highways.

"Sidewalk"

means that portion of a street between the curb line and the adjacent property line, whether hard-surfaced or not, or an easement or right-of-way held by the city across the front of private property, and intended for use of pedestrians.

"Store"

means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. "Store" does not include keeping one's personal property next to one's person while lawfully camping, or while lawfully sitting or standing in a public place.

"Street"

means and includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the 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 the state.

(Ord. 1277, 10/8/2024)

It is unlawful to camp on any public property in the city, with the exception of:

1. City-designated campsites; or

2. Any property on which the county allows camping, with respect to county-owned property.

(Ord. 1277, 10/8/2024)

A. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 anywhere in the city.

B. This section does not apply to vehicles that are lawfully parked in an authorized location within the city such as on private property.

(Ord. 1277, 10/8/2024)

A. No person in the city shall obstruct the public right-of-way, including, but not limited to, streets and sidewalks, or pedestrian and/or vehicle access by sitting, lying, sleeping, storing, using, maintaining, or placing personal property:

1. In a manner that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

2. Within 15 feet of any operational or utilizable driveway, or loading dock;

3. Within 15 feet of any operational or utilizable building entrance or exit;

4. Within 15 feet of any fire hydrant, fire plug, or other fire department connection; or

5. On or in any prohibited public place.

B. Any person creating an obstruction in violation of this section shall move their person or property immediately in a way that removes the obstruction upon the request of an enforcement officer.

C. Any unattended item of personal property that is creating an obstruction in violation of this section may be immediately moved by an enforcement officer to a nearby location where it will no longer create an obstruction.

(Ord. 1277, 10/8/2024)

A. It shall be unlawful for any person to store personal property on any public property. Nothing herein shall be construed to allow storage where otherwise prohibited by this Code.

B. An enforcement officer may remove personal property stored in violation of subsection A as follows:

1. The location of any illegally stored personal property shall be posted with a written notice including the date and the following: "It is illegal to store personal property on public property, such as parks and sidewalks. If this personal property is not removed within 48 hours of the date of this posting, it will be removed by the city."

2. An enforcement officer may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

3. Personal property that poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other illegal discharge into water, is contraband, or is evidence of a crime shall not be subject to the above notice requirements and may be removed immediately by an enforcement officer and stored or destroyed, in accordance with the provisions below, or other applicable laws.

C. Notice. In the event that personal property is removed by an enforcement officer, the enforcement officer shall leave a notice in a prominent place at or near the location where the property was located. The notice shall contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being disposed of.

D. Following removal of unlawfully stored personal property, city personnel shall do the following:

1. Maintain a log containing information about the property that will facilitate identification by the owner. Such log may include an inventory of some or all of the property, information about where the property was located, the date the property was taken by the city, and the name of any person who has previously claimed ownership of the property or whose identification was found with the property;

2. Store the property in a manner facilitating identification by city personnel, which reasonably protects such property from damage or theft; and

3. Store the property in an area designated by the city for a period of 90 days.

E. Personal property may only be retrieved during regular city business hours.

F. Personal property stored by the city, that is claimed within 90 days from removal, shall be released to the person claiming ownership at no charge, provided the person reasonably identifies the property and the approximate location where the property was left, unless there is clear evidence that the property does not belong to such person. Any person retrieving personal property from the city under this chapter shall retrieve all of their personal property at one time. Any items belonging to the person that are left in the custody of the city will be deemed abandoned and may be thrown away or otherwise disposed of.

G. Any property that is not claimed after the 90-day storage period may be disposed of without further notice.

H. Notwithstanding any other provision of this chapter, the city shall not be required to store items that are hazardous, decaying or rotting, or otherwise unsafe to store or transport.

(Ord. 1277, 10/8/2024)

In the event camp property or camp paraphernalia in violation of this chapter are found by an enforcement officer, a notice shall be provided to the occupants of the camp of the city's intent to remove the camp property or paraphernalia at least 48 hours in advance of any action. Notice shall be provided in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcement officer attempts to serve notice. In addition, the enforcement officer shall post the notice in a prominent place on or near the property, so as to reasonably communicate the notice to persons living at the camp who are not present during the attempt to serve notice. The notice shall contain the following information:

A. A statement that the camp property and/or paraphernalia are in violation of this chapter.

B. An advisement that the city will remove the camp property and/or paraphernalia 48 hours after the date and time of the notice, or any longer period of time determined by the city.

C. The date and time notice was served and posted.

D. The address and phone number of where any removed personal property will be stored and the hours of when the property can be retrieved.

E. That the camp property and/or paraphernalia will be stored for 90 days and will be discarded thereafter if not claimed.

F. Information about any housing or shelter and unhoused services available for the occupants of the camp and contact information for obtaining the housing, shelter, or other health services.

(Ord. 1277, 10/8/2024)

Prior to taking any enforcement action against any person under this chapter, the enforcement officer shall offer information to such person regarding any available housing or shelter and other health and human services that the enforcement officer reasonably believes are relevant to the person's individual circumstances. However, failure to offer such information shall not be grounds to invalidate or challenge any enforcement action.

(Ord. 1277, 10/8/2024)

The provisions of this chapter shall not apply in the event of an emergency, including a city-declared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in city-authorized recreational activities in parks within the city, the Civic Center area, or any other public place or facility, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the city or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment.

(Ord. 1277, 10/8/2024)