Tehachapi Municipal Code Ch. 9.22 Prohibition Against Storage of Personal Property in Public Places

For purposes of this chapter:

A. "Abandoned personal property" means personal property that the owner surrenders, relinquishes, or disclaims.

B. "Block" shall mean five hundred feet.

C. "Park" means a park, reservation, playground, recreation center or any other area in the city owned, maintained or used by the city for the purpose of public rest, play, enjoyment, active or passive recreation, or assembly and shall include all buildings and structures located thereon or therewith.

D. "Public area" means and includes all property that is owned, managed or maintained by the city and shall include, but is not limited to, any street, alley, park, public right-of-way, recreational area, any place open to the public view or other place to which the public has access.

E. "Personal property" means tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, such as cooking utensils, money, medication, documents, clothing, luggage, and books.

F. "Store", "stored", "storing", or "storage" means to put personal property aside or accumulate for use when needed, to put for safekeeping and/or to place or leave in a public area. Moving personal property to another location in a public area or returning personal property to the same block on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from a public area.

G. "Street" shall include every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in this city which has been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.

H. "Unattended" means no person is present with the personal property who asserts or claims ownership over the personal property. Conversely, property is considered "attended" if a person is present with the personal property and the person claims ownership over the personal property.

I. "Unclaimed personal property" means personal property that has been turned in to the Tehachapi Police Department and that has not been claimed within a period of ninety days by its true owner or finder.

(Ord. No. 22-03-768, § 3, 1-18-2022)

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 may be enforced by Peace Officers of the City of Tehachapi.

D. Personal property stored in violation of this section shall be subject to impoundment and/or disposal pursuant to procedures established in sections 9.04.050 through 9.04.060.

(Ord. No. 22-03-768, § 3, 1-18-2022)

A. No Notice for Intentionally Abandoned, Contraband, or Hazardous Waste. Unlawfully stored personal property that is believed in good faith by Tehachapi Police Department officers 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:

D. 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. 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 9.22.020.

e. Statement that the personal property will be impounded if not removed from the public area within twenty-four 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 Tehachapi Police 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 days after impoundment.

E. 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 9.22.020.

d. The location where the removed personal property will be located, including telephone number and internet website of the Tehachapi Police 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 days after impoundment.

(Ord. No. 22-03-768, § 3, 1-18-2022)

Except as specified herein, the Tehachapi Police Department shall move impounded personal property pursuant to Section 9.22.030 to a place of storage.

Except as specified herein, the Tehachapi Police Department shall store impounded personal property for ninety days, after which time, if not claimed, it may be discarded. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than ninety days.

The Tehachapi Police Department shall maintain a record of the date any impounded personal property was stored and discarded.

(Ord. No. 22-03-768, § 3, 1-18-2022)

The owner of the impounded personal property may repossess the city-stored personal property prior to its disposal upon submitting satisfactory proof of ownership.

A. A person may establish proof of ownership 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 Tehachapi Police Department, Chief of Police or designee, the city may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the Tehachapi Police 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 Tehachapi Police Department by the owner on forms authorized by the Tehachapi Police 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 Tehachapi Police Department, Chief of Police or designee, attesting, proving, or otherwise, showing the financial hardship reimbursing Tehachapi Police Department for the reasonable costs of impoundment and storage. The Tehachapi Police Department, Chief of Police, or designee, shall make a written determination on the waiver and provide notice of that determination by personal delivery, First Class Mail, or other method reasonably calculated to provide actual notice.

(Ord. No. 22-03-768, § 3, 1-18-2022)