Stanton Municipal Code § 12.38.010 Definitions

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 chapter:

"Critical infrastructure"

means fire or law enforcement stations; hospitals; structures, such as antennas, bridges, train tracks, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, power plants, energy storage facilities, natural gas pipes, telecommunication centers, or water resources. Critical infrastructure also includes real property or a facility, whether privately or publicly owned, that the city manager or their designee designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare.

"Landscaped area"

means all improved landscaped areas, except for open grass areas.

"Median"

means a traffic fixture consisting of a strip of ground dividing or separating a street, roadway or highway into lanes according to the direction of travel.

"Personal property"

means any tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, huts, temporary shelters, tarps, bedding, sleeping bags, hammocks, sheds, structures, mattresses, couches, chairs, other furniture, appliances, and personal items such as household goods, luggage, backpacks, and clothing. "Personal property" does not include property that is secured inside of a motor vehicle; items expressly authorized by a public entity to be on public property owned or controlled by the public entity; or items authorized to be on public property pursuant to this code, a license, or permit issued by the city.

"Public park"

means all dedicated parks and all planted parkways, triangles and traffic circles maintained by the city of Stanton. "Public park" does not include the parkway strips between the curb and sidewalk along the streets and highways of the city.

"Public rights-of-way" or "public right-of-way"

means any place of any nature which is dedicated for use by the general public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, crossing, intersection, parkway, highway, boulevard, road, roadway, tunnel, bridge, thoroughfare or any other similar public way.

"Store" and "storing"

means to put personal property aside, to accumulate for use when needed, or to put for safekeeping; and/or to leave personal property unattended in a public area. For purposes of this definition, "public area" means publicly owned or controlled property. For purposes of this definition, moving personal property to another location on public property or returning personal property within 1,000 feet from a location where a person previously received a citation for violation of this chapter within a 30-day period shall be considered storing personal property and shall not be considered to be removing the personal property from public property.

"Street"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. The term "street" includes highways.

"Unattended"

means no person who asserts or claims ownership over personal property is present with or accompanying the personal property.

(Ord. 1156, 12/10/2024)

A. No person shall fix in place, store, maintain or leave personal property that is unattended in or on a public right-of-way.

B. No person shall sleep, lie down, or sit on any movable chair, bucket, crate, cooler, or similar personal property, in or on a public right-of-way, other than as part of a lawful event taking place along the public right-of-way.

C. No person shall sit, lie, or sleep, or store, maintain, or place personal property on a median, public parkway, or landscaped area, with the exception of sitting, storing, maintaining, or placing personal property in a landscaped area specifically designed for that purpose.

D. No person shall sleep on or under a bench, table, playground equipment, or similar fixture or structure in a public park. No person shall store, maintain, or place personal property within 200 feet of playground equipment or similar fixture or structure in a public park in a manner that is inconsistent with the use of a public park for recreational purposes, and/or in violation of Chapter 14.04 of this code.

E. No person shall sit, lie, sleep, or store, maintain, or place personal property in a manner that unreasonably interferes with critical infrastructure within the city. For the purposes of this section, "unreasonable interference" shall include conduct that damages, incapacitates, disrupts, or destroys critical infrastructure or the operation or functioning of such critical infrastructure, or poses the risk of the same.

F. No person shall obstruct public or private access by sitting, lying, or sleeping in a public right-of-way, or by storing, using, maintaining, or placing personal property in a public right-of-way:

1. In a manner that obstructs or impedes passage in violation of the Americans with Disabilities Act;

2. On or within 10 feet of an operational or utilizable driveway, ramp, or loading dock;

3. Within 10 feet of an operational or utilizable entrance or exit to any building, establishment, retail store, restaurant, office building, or other place into which the public is invited, unless such area has been designated for use as an outdoor seating area;

4. Within 10 feet of a fire hydrant, fire plug, or other connection used by the fire department;

5. Within 10 feet of an automatic teller machine or any door that provides access to an automatic teller machine;

6. Within 10 feet of an electric vehicle charging station, or in a manner which obstructs the lawful use of public and private parking lots, parking aisles, and parking spaces;

7. Within 10 feet of the entrance to a public restroom;

8. Within 10 feet of a sidewalk ramp, or a corner where a street, roadway, highway, or alley intersect;

9. In a manner that unreasonably interferes with required maintenance of public equipment or facilities or the use of the public right-of-way by motor vehicles, pedestrians or bicycles;

10. Within 200 feet of a senior residential project, as defined under § 20.400.340 of this Code, or a residential care facility for the elderly; as defined under § 20.400.310 of this Code; or

11. Within 200 feet of any school or day care center.

G. It shall not be a violation of this chapter for a person to sit or store, use, maintain, or place personal property in the public right-of-way or within public parks for purposes of viewing a legally conducted parade, engaging in a similar lawful or permitted event, or engaging in a similar lawful or permitted use.

H. Should the regulations defined under this chapter conflict with any other provision of this code, the more restrictive regulation shall control.

(Ord. 1156, 12/10/2024)

Notwithstanding any other provision in this code, each violation of the provisions of this chapter shall be punished by the following:

A. An initial violation of this chapter shall be punished by an administrative citation, with a fine not exceeding $50. The citation shall require immediate action by the responsible person to cease and abate the violation.

B. Subsequent violations may be punished by an administrative fine in amounts provided in § 1.12.070 or cited as a misdemeanor, and punishable by up to six months in prison or up to $1,000 fine, or both, or alternative penalties in a court's discretion. Additionally, the city attorney, in their sole discretion, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.

C. Nothing in this section shall be construed to affect, supersede or otherwise prevent private causes of action for trespass or other public civil, penal or administrative prosecution for violations of this code, state law, or federal law.

(Ord. 1156, 12/10/2024)