Taft Municipal Code Ch. 15 Prohibition Against Storage of Personal Property in Public Places

The accumulation of personal property left by unknown persons in public streets, public parks, public sidewalks, and public areas, constitutes a threat to the peace, health, safety and/or general welfare of the public and disrupt the use and enjoyment of such public spaces. The City Council finds it necessary to remove such personal property located on public lands in a manner that is consistent with State and Federal law, and which promotes the health and safety, and general welfare of those who use these public lands. (Ord. 852-23, 7-18-2023)

The following definitions apply to this chapter:

(A) It shall be unlawful and a public nuisance for any person to store personal property in any of the following areas, except as otherwise approved by the city manager or designee or as permitted by the TMC or State law:

1. Any public street or right-of-way, including sidewalks, bus stops, and public landscaping; or

2. Any parking lot, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public, improved or unimproved.

(B) A violation of this section is punishable as a misdemeanor or chargeable at the district attorney's or city prosecutor's discretion. The enforcement officials provided in subsection C of this section may also deem the violation an infraction in their discretion when enforcing this section.

(C) This section and entire chapter may be enforced by the City of Taft employees specified in sections 1-1-12, 1-1-13, 1-2-4, and 1-2-5 of title I.

(D) Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in sections 2-15-4 through 2-15-5.

(E) The city is authorized to take such actions as may be required for enforcement of this chapter. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (Ord. 852-23, 7-18-2023; amd. Ord. 854-25, 10-21-2025)

(A) No Notice For Intentionally Abandoned, Contraband, Or Hazardous Waste: Unlawfully stored personal property that is believed in good faith, by those authorized to enforce this chapter, to be intentionally abandoned or which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste or trash may be disposed of without any notice.

(B) No Notice For Evidence In Criminal Case: Unlawfully stored personal property that constitutes evidence in a criminal investigation may be impounded without notice.

(C) Notice Required For All Other Personal Property: For all other personal property beyond that identified in subsections A and B of this section, actions taken on such personal property that is unlawfully stored pursuant to this chapter must be done according to the following notice provisions:

1. Pre-Removal Notice: Pre-removal notice shall be deemed provided if a written notice is provided to the person who is storing or claims ownership of the personal property or is posted conspicuously on or near the personal property if the personal property is unattended. The written notice shall contain the following:

(a) General description of the personal property to be removed.

(b) The location from which the personal property will be removed.

(c) The date and time the notice was posted.

(d) Statement that the personal property has been stored in violation of section 2-15-3.

(e) Statement that the personal property will be impounded if not removed from the public area within twenty four (24) hours.

(f) Statement that moving stored personal property to another location in the public area shall not be considered to be removing personal property from the public area.

(g) The location where the removed personal property will be stored, including telephone number and the internet website of the Public Works Department through which the person may receive information as to the impounded personal property as well as information as to voluntary storage location(s).

(h) Statement that impounded personal property may be discarded if not claimed within ninety (90) days after impoundment.

2. Post Removal Notice: Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:

(a) General description of the personal property removed.

(b) The date and approximate time the personal property was removed.

(c) Statement that the personal property was stored in a public area in violation of section 2-15-3.

(d) The location where the removed personal property will be located, including telephone number and internet website of the Public Works Department through which the person may receive information as to impounded personal property.

(e) Statement that the impounded personal property may be discarded if not claimed within ninety (90) days after impoundment. (Ord. 852-23, 7-18-2023)

Except as specified herein, the Public Works Department and code enforcement shall move impounded personal property pursuant to this chapter to a place of storage.

Except as specified herein, the Public Works Department shall store impounded personal property for ninety (90) days, after which time, if not claimed, it may be subject to disposition as provided in this chapter or as otherwise provided by law. Upon the expiration of any holding period for personal property as specified herein any remaining personal property not claimed by or returned to the owner may be appropriated to the City upon order of the city manager or designee that the persona property is needed for a public use. Any personal property not appropriated to the City may be sold at a public auction or disposed of in such a manner as deemed appropriate by the city manager or designee. If personal property constitutes money, such money shall be deposited into the City's general fund.

The City shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety (90) days. The Public Works Department shall maintain a record of the date and manner of coming into possession of the impounded personal property, adequate description of the same, and the dates of storage and disposition, and disposition of the personal property. (Ord. 852-23, 7-18-2023)

(A) During the ninety (90) day holding period under section 2-15-5, a person may repossess the personal property if they establish proof of ownership to the City by, among other methods, describing the location and date when the personal property was impounded from public area, and providing reasonably specific and detailed description of the personal property. Valid, government-issued identification is not required to claim impounded personal property.

(B) If ownership cannot be determined to the satisfaction of the Public Works Department or designee, the City may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the Public Works Department shall continue to hold the personal property until such a determination is made.

(C) If ownership is determined, the owner of the impounded personal property shall be required to pay the reasonable costs incurred by the City in impoundment and storage prior to the return of the personal property, unless a financial hardship waiver is submitted to the Public Works Department by the owner on forms authorized by the Public Works Department and such waiver is approved by the Chief of Police or designee. In the financial hardship waiver, the applicant must provide information or documentary proof satisfactory to Public Works Department, attesting, proving, or otherwise, showing the financial hardship reimbursing Public Works Department for the reasonable costs of impoundment and storage. The Public Works Department shall make a written determination on the waiver and provide notice of that determination by personal. (Ord. 852-23, 7-18-2023)

Whenever the City comes into possession of personal property surrendered to it by a third person who has found or discovered lost or abandoned personal property, the Public Works Department shall be charged with storage and disposition of the personal property as provided in this Chapter. Whenever the ownership of surrendered property is known or may be readily determined by the City, the City shall contact the owner by best means available, including mail or call to the last known address and/or telephone number, and advise of the City's possession of said items and a notification that the City will store the property as provided in section 2-15-5 and that the owner may reclaim the personal property as provided in section 2-15-6. (Ord. 852-23, 7-18-2023)

Notwithstanding section 2-15-6, where personal property is impounded for use as evidence in a criminal case, such property shall be held until the final disposition of any pending charges, including appeals, or the lapse of time for filing an appeal, unless a court orders otherwise, in accordance with California Penal Code section 1417 et seq. (Ord. 852-23, 7-18-2023)