Suisun City Municipal Code Ch. 12.24 Prohibition Against Certain Conduct on Public and Private Property

Footnotes:

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Editor's note— Ord. No. 820, § 1, adopted June 17, 2025, repealed the former Ch. 12.24, §§ 12.24.010—12.24.050, and enacted a new Ch. 12.24 as set out herein. The former Ch. 12.24 pertained to camping on public property, and derived from Ord. No. 655, § 1 (part), adopted in 2001; and Ord. No. 808, § 13, adopted Dec. 5, 2023.

Public areas within the city should be readily accessible and available to residents and the public at large for their intended use. The unauthorized use of public areas for camping and the storage of personal property interferes with the rights of others to use public areas for their intended purposes and can create public health or safety hazards that adversely affects other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The purpose of this chapter is to maintain public areas in clean, sanitary and accessible condition, and to protect the health, safety, and public welfare of the community.

(Ord. No. 820, § 1, 6-17-2025)

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Camp" means to place, pitch or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of sheltering one or more persons.

"Camp facilities" means all temporary or semi-permanent shelters, including, but not limited to, tents, huts, vehicles, vehicle camping outfits, sheds, or structures with metal or other heavy roofing and siding materials.

"Camp paraphernalia" means items including, but not limited to, bedrolls, blankets, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks or any similar equipment or materials for the purpose of sleeping, lying, or sheltering one or more persons.

"City manager" means the city manager of the City of Suisun City, including their designee.

"Enforcement officer" means any city employee or agent of the city with the authority to enforce any provision of this Code.

"Establish" means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.

"Maintain" means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

"Operate" means participating or assisting in establishing or maintaining a camp or camp facility.

"Personal property" means any and all tangible items, including, but not limited to, goods, materials, merchandise, camp paraphernalia or facilities, luggage, backpacks, books, clothing, documents, household goods, and shopping carts, laundry carts, or carts.

"Private property" means all private real property including, but not limited to, real property, yards, streets, sidewalks, private alleys, trails, and improved or unimproved land.

"Public property" means any real or personal property owned or controlled by the city, improved or unimproved, and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, right-of-way, parking lot or other public property owned or controlled by the city and located within the City of Suisun City and such other publicly owned property for which the city is authorized by contract or permit to maintain.

"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or to put, place or leave in a particular place, whether attended or unattended.

"Street" means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co-routes and cul-de-sacs and city rights-of-way adjacent thereto.

(Ord. No. 820, § 1, 6-17-2025)

A. It is unlawful for any person to camp, establish, maintain, operate, or occupy camp facilities, or use camp paraphernalia in the following areas:

1. Any public property;

2. Any private property; or

3. Any location within 200 feet of any posted notice to vacate or other official signage designating a location for encampment clearance or otherwise prohibiting sitting, sleeping, lying, camping, or placing personal property in that location.

B. The prohibition on camping in this section shall not apply to the following:

1. Overnight camping on residential private property with consent of the person in possession or control of the private property, and where such use does not create or permit a public nuisance;

2. Camping where specifically permitted within city-approved campgrounds or facilities; or

3. Camping on public or private property in connection with a special event as authorized by the city through issuance of a permit pursuant to this Code.

C. Nothing in this section intends to prohibit or make unlawful, activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property. Nothing herein is intended to prohibit or make unlawful, activities of a property owner or lawful user if such activities are expressly authorized by the city manager or by any law, regulation, permit, order or other directive from a regulatory authority.

(Ord. No. 820, § 1, 6-17-2025)

A. No person shall loiter, sit, lay down, or sleep on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any public or private building, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering or exiting from any public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by an enforcement officer.

(Ord. No. 820, § 1, 6-17-2025)

A. It is unlawful and a public nuisance for any person to store personal property on any public property, except as otherwise approved by the city manager.

B. Personal property shall be deemed to be stored if it has not been removed from the property within 24 hours of service of written notice provided pursuant to Subsection (D) of this section.

C. All personal property stored in violation of this section may be removed by the city pursuant to this section.

D. Before impoundment of any personal property, the enforcement officer shall serve a written notice to the person storing the personal property as practicable or post the written notice in a prominent and conspicuous place at or near where the personal property is located. The written notice shall contain the following:

1. The date and time the notice was posted;

2. The location from which the personal property will be removed;

3. A statement that the personal property may be impounded if not removed within 24 hours;

4. A telephone number for information on retrieving personal property;

5. An address where the personal property will be stored; and

6. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.

E. Upon removal of stored personal property, the city shall conspicuously post a written notice at or near where the personal property was located prior to being impounded. The written notice shall contain the following:

1. The date the personal property was removed;

2. A telephone number for information on retrieving personal property;

3. An address where the personal property will be stored;

4. A statement that impounded personal property may be discarded if not claimed within 90 days after impoundment.

F. The city shall store impounded personal property for a minimum of 90 days, or the duration required by law at the time of removal. Personal property the city shall collect and store includes:

1. Items of apparent value of $50.00 or more;

2. Items of apparent personal value, including, but not limited to: eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment, habitable tents, personal papers (such as photographs, albums, IDs, bank statements, and legal papers), backpacks, containers, and operational bicycles, scooters, and strollers.

The city may dispose of any personal property that remain unclaimed after 90 days, or such duration as required by law.

G. Nothing in this section shall prevent, restrict, or otherwise limit the city's right to remove, without notice:

1. Evidence of a crime or contraband;

2. Personal property that poses an immediate threat to the health or safety of the public, including, but not limited to:

a. Toxic sharps: needles, scissors, knives;

b. Chemicals: bleach, paint, oils, etc.;

c. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids;

d. Moldy, mildewed items;

e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs;

f. Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids;

g. Backpacks and closed containers that have been determined by an individual licensed to identify and handle hazardous materials to contain items listed in (a)—(f) above or (3) below. Such backpacks and closed containers may be discarded where no individual licensed in hazardous materials is present to make a determination;

h. If personal property is co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.

3. Bulky items, such as mattresses and sheds;

4. Perishable items, such as food;

5. Controlled substances; or

6. Trash, garbage, and/or debris.

H. Nothing in this section shall be construed to limit or prohibit city officials from enforcing any other city or state laws, including, but not limited to, laws governing use of controlled substances or weapons, fire codes, and public nuisance laws.

(Ord. No. 820, § 1, 6-17-2025)

A. The city manager is authorized to modify or suspend enforcement of any section or element of this chapter in the event of a declared emergency, pursuant to administrative rules or policies, weather conditions (including, but not limited to, extreme heat or cold), or for any other reason within the city manager's authority, regardless of whether an emergency has been declared.

B. The city manager may adopt administrative rules or policies governing or guiding enforcement of this chapter including, but not limited to, ensuring consistent and appropriate enforcement for various circumstances.

(Ord. No. 820, § 1, 6-17-2025)

A. The first violation of this chapter shall be an infraction punishable by a fine not exceeding $50.00. The second and each subsequent violation of this chapter within a one-year period, may be prosecuted as a misdemeanor, punishable in accordance with Chapter 1.08 of Title 1 of this Code.

B. In addition to all other remedies, an individual may be issued a written exclusion order by an enforcement officer temporarily prohibiting said individual from a public park or essential city-owned or operated public utility on which violations described in this section occurred, for a period of 30 days:

1. If within a one-year period, the individual:

a. Is issued two or more citations on the same public park or essential city-owned or operated public utility for violating this chapter; or

b. Is issued one or more citations for violating any state law(s) while on the same public park or essential city-owned or operated public utility.

2. If, within three months of being issued an exclusion order pursuant to subsection (B)(1), an individual is issued a citation for violating this chapter or any state law(s) on a public park or essential city-owned or operated public utility.

The foregoing exclusion order(s) shall only apply to the particular park or city-owned or operated public utility in which the offending conduct occurred.

C. An exclusion order shall include the following information:

1. The reason(s) for the exclusion;

2. The particular public park or essential city-owned or operated public utility from which the individual issued the exclusion order is temporarily prohibited;

3. The period of time during which the individual is excluded from the stated public park or essential city-owned or operated public utility (i.e. 30 days); and

4. How the individual may file an appeal of the exclusion order.

D. An individual who was issued a written exclusion order may file a written objection to the order with the city manager within two business days of its issuance. If a written objection is filed, the matter shall be placed on the city council's agenda not earlier than two days after receiving the objection. The exclusion order shall be stayed during the pendency of the appeal. The objection may be heard by the city council at a regular or special meeting. At the hearing, city staff shall provide the city council with information regarding the basis for the exclusion order, and the individual shall be allowed to present relevant evidence. City council may affirm the order upon finding that the criteria in Subsection (B) of this section have been met by a preponderance of the evidence. The decision of the city council is final. Notwithstanding the foregoing, the city council may appoint a hearings officer as its designee for the purpose of conducting appeals of exclusion orders. In such case, the decision of the hearings officer shall be final.

E. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 of the Code.

(Ord. No. 820, § 1, 6-17-2025)