Temple City Municipal Code Ch. 10 Camping and Storage of Personal Property

The public streets and areas within the city of Temple City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. The purpose of this chapter is to maintain public streets and areas within the city of Temple City in a clean and accessible condition. (Ord. 95-778)

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern construction, meaning and application of words and phrases used in this chapter.

ABANDONED PERSONAL PROPERTY: Any personal property that the owner surrenders, relinquishes, or disclaims, or, to a reasonable person, appears to be personal property that the owner surrenders, relinquishes, or disclaims.

CAMP: To pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

CAMP FACILITIES: Include, but are not limited to, tents, huts or temporary shelters.

CAMP PARAPHERNALIA: Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or noncity designated cooking facilities and similar equipment.

PARK: The same as defined in section 3-5A-0 of this code.

PERSONAL PROPERTY: Tangible personal belongings. Tangible personal belongings include any movable or tangible thing that is subject to ownership; property that can be seen, weighed, measured, felt, or touched, such as tents, tarpaulins, bedding, sleeping bags, carts, hammocks, household items, luggage, backpacks, cooking utensils, money, legal or prescribed medication, documents, clothing, and books. Personal property encompasses both camp facilities and camp paraphernalia.

PUBLIC AREA: 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.

PUBLIC PROPERTY: Any building, parking structure, parking lot, utility lot, right-of-way, park, or space, owned or maintained by the city, the County of Los Angeles, the State of California, the United States government or other public entity.

RIGHT-OF-WAY: The surface and space in, on, above, through and below any real property in which the city has a legal or equitable interest, whether held in fee or any other estate or interest, or as a trustee for the public, including, but not limited to, any street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, curb, parkway, river, tunnel, viaduct, bridge, public easement, or dedicated easement.

STORE: To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

STREET: The same as defined in section 3-4A-0 of this code.

UNATTENDED: 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.

UNCLAIMED PERSONAL PROPERTY: Any personal property that is within the custody of the city and that has not been claimed within a period of ninety days by its owner or finder.

(Ord. 95-778; amd. Ord. 24-1075)

A. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia, in the following areas, except as otherwise provided:

• 1. Any park;
• 2. Any street;
• 3. Any public parking lot or public area, improved or unimproved.

B. Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation.

1. Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed fourteen (14) consecutive days in duration.

• 2. Camping may not occur more than four (4) times per calendar year.
• 3. A minimum of fourteen (14) days is required between each camping period.

• C. The prohibition set forth in this section does not apply to:

• 1. Camping on public or private property pursuant to a permit issued by the city; and

2. Day use for lawful activities on public property pursuant to a permit issued by the city.

D. In addition to any other applicable requirements of the Temple City Municipal Code, camping pursuant to this section shall comply with all of the following operational requirements pertaining to camping:

1. Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at city-owned parks do not qualify for use by campers on private property.

2. Trash receptacles sufficient for the number of campers must be provided.

3. The private property where camping occurs must be kept in a clean and sanitary manner.

4. Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles.

5. Any outdoor storage of camping paraphernalia shall not be permitted when not in use by campers.

6. Within the jurisdiction of the city, no permanent structures shall be permitted in the floodplain, including, but not limited to, fencing.

7. Any use or placement of electrical cords shall be above the floodplain and/or not exposed, if applicable, and no dangerous condition should be present.

8. All parking shall be on paved surfaces only.

E. Notwithstanding any other provision of this chapter, camping shall not be permitted where such use violates any provision of this Code or state law.

F. Enforcement. Law enforcement officers shall not enforce this camping section when the individual is on public property and there is no available overnight shelter.

1. The term "available overnight shelter" is a public or private shelter, with an available overnight space, for an individual experiencing homelessness, at no charge.

2. City staff or their designee shall initiate contact with the shelters to determine whether the shelters have available space and, if so, the number of available sleeping spaces. Prior to issuing any citation, city staff or their designee shall also confirm that a shelter has available space that can be utilized by that particular individual. No city staff or law enforcement officer shall issue a citation to a homeless person sleeping, lying, sitting, or camping outdoors unless the city staff or law enforcement officer first confirms the shelter has available space that can be utilized by the individual.

G. Penalty. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. A violation of any of the provisions of failing to comply with any of the mandatory requirements of this section shall constitute a misdemeanor; except that notwithstanding any other provision of this chapter, any such violation constituting a misdemeanor under this section may, at the discretion of the City Attorney or the citing officer on the scene, be charged and prosecuted as an infraction.

(Ord. 95-778; amd. Ord. 24-1075)

It shall be unlawful for any person to store, dump, place, or deposit personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

A. Any park, yard, building setback, vacant land, open space, park, or any other area open to, accessible to, or controlled by the public;

B. Any street;

C. Any public parking lot or public area, improved or unimproved, including sidewalks, alleys, and bus stops.

D. Personal property stored in violation of this section is subject to impoundment and disposal as provided in this chapter.

(Ord. 95-778; amd. Ord. 24-1075)

A. Any personal property identified by any law enforcement officer, code enforcement officer, or the city manager or designee, that is unattended or stored in violation of this chapter may be seized, impounded, and stored in accordance with the following procedure:

B. Pre-removal notice: Pre-removal notice will be deemed as 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 notice shall contain the following:

• 1. A general description of the personal property to be removed;
• 2. The location from which the personal property will be removed;
• 3. The date and time the notice was posted;
• 4. A statement that the personal property is being stored in violation of this code;

5. A statement that the personal property will be removed and impounded if not removed within twenty-four (24) or forty-eight (48) hours;

6. A statement that moving the personal property to another location in the public area will not constitute a removal of the personal property;

7. The contact information for any city official or designee to answer questions regarding the stored personal property, including claiming such property; and

8. A statement warning the owner that the personal property may be discarded if not claimed within ninety days of removal.

C. Twenty-four (24)/forty-eight (48) hour pre-removal notice: Any personal property stored in any right-of-way will be subject to removal twenty-four (24) hours after the pre-removal notice is posted. Any personal property stored in any prohibited area not in a right-of-way will be subject to removal forty-eight (48) hours after the pre-removal notice is posted.

D. Post-removal notice: Upon removal of personal property stored in violation of this chapter, written notice of the removal and impoundment of the personal property shall be conspicuously posted in the area where the personal property was removed or provided to the owner of the personal property. The written notice shall contain the following:

• 1. A general description of the personal property removed;
• 2. The date and approximate time the personal property was removed;
• 3. A statement that the personal property was stored in violation of this code;

4. The location where the removed personal property can be retrieved, including the address, telephone number, and an internet website address, if available, from which the owner may obtain information as to the removal and reclamation of the personal property; and

5. A statement that the personal property may be discarded if not reclaimed within ninety (90) days of the removal and impoundment.

E. The owner of personal property that has been removed and impounded will be permitted to retrieve the impounded personal property.

1. The owner of impounded personal property is permitted to reclaim their personal property by contacting the city through one of the contact methods provided in the pre-removal and post-removal notices to make arrangements for the retrieval of their property.

2. The owner of the personal property may repossess the personal property upon submitting satisfactory proof of ownership during the ninety (90) day holding period. A person may establish ownership by, among other methods, describing the location where the personal property was found and providing a specific and detailed description of the personal property, and providing valid proof of identity if that is required to determine ownership. If ownership cannot be determined to the satisfaction of the city manager or designee, they may refuse to return the personal property until ordered to do so by a court of competent jurisdiction; however, the city shall continue to hold the personal property until such a determination is made.

3. Reasonable accommodations will be made if the owner of impounded personal property is unable to reclaim their personal property within the ninety day period provided in this chapter.

F. The city may impound personal property seized in any manner designed for safe keeping of such personal property.

G. After the passage of ninety or more days, the property may be appropriated to the city for the city's use upon order of the city manager or designee, or the city may dispose of unclaimed personal property. 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 city shall maintain records of the dates impounded personal property was removed and discarded.

(Ord. 24-1075)

A. Section 4-10-4 does not apply to any personal property that constitutes evidence in a crime, such as weapons, ammunition, controlled substances, stolen property, or any other property which constitutes evidence of a crime, and such property may be seized without notice. The nature of the property and its location will be documented, and possession of such property may be transferred to local law enforcement for processing and investigation.

B. Section 4-10-4 does not apply to any unattended personal property which presents an immediate threat to public health or safety, is contraband, is hazardous waste, or which clearly constitutes waste, refuse or trash, and may be disposed of without notice.

C. Section 4-10-4 does not apply to any unattended personal property that is reasonably believed to be intentionally abandoned or discarded, or reasonably believed to be trash, refuse, waste, litter, junk, debris, detritus or rubbish, and such property may be disposed of without notice.

D. Section 4-10-4 does not apply to any medical waste, including, but not limited to, syringes, medical waste, medical cutting instruments, or any items whose cleanliness or condition of sanitation pose a threat to the health and safety of individuals in contact with such material.

(Ord. 24-1075)

The city may require the owner of impounded personal property to pay the reasonable costs of storage of such personal property seized pursuant to this chapter. The owner of impounded personal property may submit a request for a waiver of such costs due to a financial hardship. Payment of any reasonable costs pursuant to this chapter is not a prerequisite for the return of impounded personal property.

(Ord. 24-1075)