Thousand Oaks Municipal Code Ch. 8 Miscellaneous Offenses

Any person who, in any matter within the jurisdiction of any department or agency of the City, knowingly falsifies, conceals, or covers up by any trick, scheme, or device any fact, or makes any false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document when he knows the same to contain any false, fictitious, or fraudulent statement or entry shall be guilty of a violation of this Code pursuant to Section 1-2.01 of Chapter 2 of Title 1 of this Code. The provisions of this section shall not apply to any reports provided for in Section 148.5 of the Penal Code of the State.

(§ 6241, T.O.O.C., as amended by § XIV, Ord. 770-NS, eff. February 26, 1981)

(a) Definitions. “Loitering” shall mean to idle, to loaf, lie down, to sit or stand by without any apparent purpose for a sustained period of time, or to walk, wander, drive or ride about aimlessly without lawful purpose.

(b) Minors: Nighttime. It shall be unlawful for any person under the age of eighteen (18) years to loiter in or upon public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement, eating places, entertainment places, vacant lots, or be on private property without the express or implied consent of the owner or person having the care and control of such private property, or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m.

(c) Minors: Daytime. It is unlawful for any person under the age of eighteen (18) years, who is subject to compulsory education or to compulsory continuation education to loiter, idle, wander, or be in or upon the public streets, sidewalks, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement and eating places, vacant lots or any unsupervised place during the hours of 8:30 a.m. and 1:30 p.m. on days when school is in session.

(d) Minors: Responsibility of parents and guardians. It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen (18) years to permit such minor to loiter in or upon public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places or public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m.

(e) Parents: Liability for lack of supervision over minors.

(1) Civil penalty. Every parent or legal guardian who, by any act or omission, or by threats, contributes to, or induces or endeavors to induce any dependent child or ward to fail or refuse to conform to any lawful order of law enforcement personnel, probation department, or of the juvenile court, or to conform to the requirements of the Thousand Oaks Municipal Code concerning loitering, curfew or truancy, shall be subject to a civil penalty. For purposes of this section, a parent or legal guardian to any person under the age of eighteen (18) years shall have the duty to exercise reasonable care, supervision, protection and control over their minor child or ward.

Any person who violates the provisions of this section shall be liable for a civil penalty up to, but not to exceed, Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars for each violation, which shall be assessed and recovered in a civil action brought by the District Attorney or the City Attorney.

(2) Cost recovery. As determined by the Chief of Police, or his or her designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to an act of wilful misconduct in violation of Welfare and Institutions Code Section 602, where police personnel provide services relating to the detention, processing or supervision of minors that are over and above the normal services usually provided by the Thousand Oaks Police Department, may be assessed and billed for the cost of providing such personnel for such services beyond those normally provided by said department.

Any person receiving a bill for police services pursuant to this chapter may, within fifteen (15) days after the billing date, file a written request appealing the imposition of said charges. Any billing sent pursuant to this section shall inform the billed party of the right to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his or her designee, as the hearing officer. Within ten days after the hearing, the hearing officer shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal, payment of the bill for the police services shall be suspended until notice of the decision of the hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid within thirty (30) days after notice of the decision of the hearing officer.

(3) Cumulative remedies. The remedies provided in this section are in addition to the remedies and penalties available under the Thousand Oaks Municipal Code, and all other laws of this state.

(f) Minors: Exceptions. The provisions of subsections (b), (c), (d) and (e) of this section shall not apply when:

(1) The minor is accompanied by his or her parent, legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older; or

(2) The minor is engaged on an errand as directed by his or her parent or legal guardian or other adult person having the legal care or custody of the minor, or by his or her spouse eighteen (18) years of age or older; or

(3) The minor is returning directly home from a public meeting, or a place of public entertainment, such as a movie, play, sporting event or school activity; or

(4) The presence of such minor in said place or places is connected with or required with respect to a business, trade, profession or occupation in which the minor is lawfully engaged; or

(5) The minor is going or coming directly from or to his/her place of gainful employment, or to or from a medical appointment; or

(6) The minor student has permission to leave school campus for lunch or school-related activity and has in his/her possession a valid, school issued, off-campus permit; or

(7) The minor is in the active military service of the United States; or

(8) The minor is exempt by law from compulsory education or compulsory continuation education; or

(9) When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other applicable state or federal law; or

(10) The minor is lawfully exercising First Amendment rights protected by the United States Constitution as part of an organized peaceable assembly to petition; or

(11) The minor is traveling to the custody, care or control of his or her parent, legal guardian or other adult person having the legal care or custody of the minor, from the custody, care or control of his or her parent, legal guardian or other adult person having the legal care or custody of the minor.

(g) Public property. No person shall loiter or stand in or upon any public highway, alley, sidewalk, crosswalk or other public way open for pedestrian or vehicular travel, or otherwise occupy any portion thereof, in such a manner as unreasonably to annoy or molest any pedestrian thereon or as to obstruct or unreasonably interfere with the free passage of pedestrians or vehicles.

(h) Private property open to the public. No person shall loiter or stand in or upon any parking lot, shopping center or other commercial or industrial property generally open to the public, or otherwise occupy any portion thereof, in such a manner as unreasonably obstructs, injures or interferes with the traffic flow or any lawful business or occupation carried on by the owner of such land, his/her agent or the person in lawful possession thereof after being requested to leave by the owner of such land, his/her agent or the person in lawful possession thereof.

(§§ 6242, 6242.1, and 6242.2, T.O.O.C., and §§ 1 and 2, Ord. 217, as amended by § I, Ord. 1256-NS, eff. March 26, 1996, and § 17, Ord. 1374-NS, eff. April 26, 2001)

(§ 6245, T.O.O.C., as amended by § XV, Ord. 770-NS, eff. February 26, 1981; repealed by § 16, Ord. 1250-NS, eff. January 9, 1996)

(a) It shall be unlawful for any person to place or maintain any sign, billboard, or advertisement in, over, or on any public street in the City.

(b) It shall be unlawful for any person to paint or attach any sign or advertisement to or upon any property belonging to the City or to or upon any tree, tunnel, rock, or other structure situated in any public street or right-of-way in the City.

(c) It shall be unlawful for any person to damage or deface any property belonging to the City or any tree, tunnel, rock, or other structure situated in any public street or right-of-way in the City.

(d) It shall be unlawful for any person to damage or deface any tree, tunnel, rock, or other structure situated on private property adjacent to, and visible from, any public street in the City without the permission of the owner of the property.

(e) Any sign, billboard, advertisement, defacement, or damage existing in violation of the provisions of this section is hereby declared a public nuisance, and the City Engineer and Code Enforcement Officers may immediately remove or repair it.

(f) The provisions of this section shall not apply where they would conflict with any State law, any zoning regulation of the City, or any permit issued pursuant to such statute or zoning regulation.

(§ 7153, T.O.O.C., as amended by § 13, Ord. 907-NS, eff. February 11, 1986)

No person shall drink or consume any alcoholic beverage in the following areas:

(a) Upon any public street, sidewalk, highway, or alley;

(b) Upon any public school ground, bleacher, or stadium;

(c) In any place of public assembly without the consent of the person or entity in possession or control thereof; or

(d) Upon any private property open to the public view without the express permission of the owner, his or her agent, or the person in lawful possession thereof.

(§ 1, Ord. 671-NS, eff. April 25, 1978, as amended by § 1, Ord. 1150-NS, eff. June 2, 1992)

(§ 1, Ord. 1115-NS, eff. August 22, 1991; as repealed by Ord. 1462-NS, eff. June 9, 2006)

It is unlawful for any person to urinate or defecate in any public place except when using a urinal, toilet or commode located in a bathroom, restroom, portable restroom or other structure enclosed from public view.

(§ 1, Ord. 1244-NS, eff. November 7, 1995)

(a) Purpose. Public places within the City of Thousand Oaks 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. Such action can constitute a public health and safety hazard which adversely impacts public property, neighborhoods and commercial areas. The purpose of this section is to maintain public places within the City of Thousand Oaks in a clean and accessible condition, to prevent the accumulation of trash and debris, and to reduce the risk of both structural and brush fires.

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

(1) "Camp" means to pitch or occupy camp facilities; or to use camp paraphernalia, for living purposes in an outdoor area. The act of sleeping on its own does not constitute camping.

(2) "Camp facilities" include, but are not limited to, tents, huts, unapproved shacks or temporary shelters.

(3) "Camp paraphernalia" includes, but is not limited to, tents or tent-like structures, cots, beds, hammocks or personal cooking facilities and similar equipment. This definition shall not include blankets, sleeping bags or bedrolls.

(4) "Open Space" means any parcel or area of land or water which is essentially unimproved and devoted to an open space use, allowing uses only as listed in Section 9-4.2105, and which is designated on the local open space plan as any of the following:

(i) for the preservation of natural resources;

(ii) for the managed production of resources;

(iii) for outdoor recreation;

(iv) or public health and safety.

(5) "Public place" means public property, improved or unimproved, and includes, but is not limited to, open space, parks, plazas, parking lots, highways, streets, bridges, alleys, driveways, sidewalks, and walkways.

(6) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

(c) Unlawful camping. It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in any public place, except as otherwise provided in this section.

(d) Storage of personal property in public places. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public place, improved or unimproved, except as otherwise provided by the City Council, or except by permission of the property owner. Nothing herein shall be construed to allow storage where otherwise prohibited by this Code.

(e) Cooking. No person shall cook food in any public place, except as otherwise allowed by the Municipal Code or by specific permit. This section shall not prohibit cooking in areas designated for such purposes.

(f) Approved uses. This section shall not limit or be construed to limit the use of public parks, public open space, City streets, parking lots or other public property for such use of camp facilities and camp paraphernalia which use is specifically authorized by the property owner.

(g) Property Removal. Designated City employees may remove personal property unlawfully stored or found on public places as outlined in subdivision (b)(5) above or found in an unlawful encampment as follows.

(1) The location of any personal property including camp facilities and paraphernalia shall be noticed as follows:

"It is illegal to store personal property on a public place such as public open space, parks and parking lots. If this personal property is not removed within 72 hours of the date of this posting, THE PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION."

(2) City personnel may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

(3) Personal property which has been abandoned, poses an imminent threat to public health or safety, is contraband or which is evidence of a crime shall not be subject to the above notice requirements and shall be removed immediately by City personnel or police and stored or destroyed according to the provisions below.

(h) Personal Effects.

(1) Personal effects for purposes of this chapter 5-8.08, means personal property consisting of the following items.

(i) Medication, medical devices, eye glasses or other prescription lenses;

(ii) Sleeping bag or bed roll which is sanitary and non-verminous;

(iii) Tents in usable and reasonably good condition;

(iv) Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous;

(v) Non-perishable food items; and

(vi) Personal property with an estimated individual fair market value of at least Fifty no/100ths ($50.00) Dollars.

(2) At the time of removal of unlawfully stored or remaining personal effects in the encampment, City personnel shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information.

(i) A list of personal effects removed;

(ii) A telephone number for information on retrieving personal effects;

(iii) An address where the personal effects are temporarily stored;

(iv) The length of time during which the personal effects may be claimed.

(3) Following removal of unlawfully stored or remaining personal effects, City personnel shall do the following:

(i) Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;

(ii) Place the removed personal effects in containers labeled in a manner facilitating identification by City personnel and owner and which reasonably protect such property from damage or theft; and

(iii) Store removed personal effects in an area designated by City for a period of ninety (90) days.

(4) Personal property stored by the City which is claimed within ninety (90) days from removal shall be released to the person claiming ownership providing they identify the property and the approximate location where the property was left.

(5) Disposition of property.

(i) Property which remains unclaimed after 90 days may be dedicated for public use or may be given to a local nonprofit agency for charitable use.

(ii) All other unlawfully stored or found personal property removed from an unlawful encampment is deemed intentionally abandoned and may be summarily abated and destroyed.

(§ 1, Ord. 1299-NS, eff. October 23, 1997, as amended by § 1, Ord. 1495-NS, December 18, 2007; § 1, Ord. 1663-NS, eff. July 12, 2019)

(a) Purpose/Findings.

(1) Public streets, sidewalks and walkways are created and maintained for the primary purposes of enabling pedestrians and vehicles to safely and efficiently move about from place to place, facilitating deliveries of goods and services, and providing all potential customers and visitors with convenient access to goods and services, as well as a place to recreate and engage in free public speech in shared civic space;

(2) Except as provided for in this Section, sitting or lying on public streets, sidewalks or walkways interferes with the primary purposes of the public street, sidewalk or walkway, threatens public safety and damages the public welfare;

(3) Pedestrians, particularly the elderly, disabled, and vision-impaired, are put at increased risk when they must see and navigate around individuals sitting or lying upon the public sidewalk;

(4) In some circumstances, people sitting or lying on sidewalks deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts contributing to a spiral of deterioration and blight which harms the public health, safety and welfare;

(5) There are numerous other places within the City where sitting can be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include city parks, numerous public benches and other seating facilities, plazas, portions of sidewalks not intensively used by pedestrians, common areas open to the public, and private property with the permission of the property owner;

(6) The City recognizes that there is a fundamental need to sleep and desires to accommodate that need while also satisfying the needs of the general public to travel freely and safely throughout the City.

(7) The limited regulation of sitting or lying down on sidewalks in is both reasonably necessary and appropriately balances the public interest and individual rights.

(8) Designated Open Space contains ecologically sensitive habitats, including many protected plant and wildlife species as well as fresh water supplies. Except as provided for in this Section, human presence in Open Space other than on designated trails can seriously damage or destroy these habitats as well as increase the risk of wildfire danger and possible injuries from threatened wildlife.

(b) Definitions.

(1) “Obstruct pedestrian or vehicular traffic” means to walk, stand, place an object, sit or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact.

(2) “Public place” means public property, including, but is not limited to, publicly owned parking lots and driveways, highways, streets, bridges, alleys, sidewalks, walkways, and City owned areas generally accessible to the public.

(c) Prohibitions. Except as provided in this Section:

(1) No person shall sit or lie down upon a public place or in doorways or entrances to buildings in such a way as to impede pedestrian or vehicular traffic.

(2) No person shall place any chair, stool, or other object upon any public place or in doorways or entrances to buildings except as provided for in this Code or permit issued by the City.

(3) No person shall be permitted to sleep in a public place between the hours of 6:00 a.m. to 10:00 p.m.

(4) No person shall be permitted to sleep in a public place between the hours of 10:00 p.m. to 6:00 a.m. unless there are no sleeping spaces practically available in any shelter or if there does not exist any viable alternative to sleeping in a public place.

(5) No person shall be permitted to sleep in Open Space as defined in Section 5-8.08(b)(4) at any time.

(d) Exceptions. The prohibitions in subsection (c) of this section shall not apply in the following cases and to the following persons:

(1) Persons operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to an applicable, valid permit; or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted in a public place;

(2) Any conduct which is in conformity with the terms of any permit granted pursuant to this Code; and

(3) Persons patronizing dining establishments with seating areas in the public right of way which have been permitted pursuant to this Code.

(e) Picketing or protesting. It is not the intent of this section to prohibit protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity permitted under the laws of the United States of America, State of California, or by the National Labor Relations Act in connection with a labor dispute.

(§ 1, Ord. 1300-NS, eff. October 23, 1997, as amended by § 1, Ord. 1663-NS, eff. July 12, 2019)

(a) Findings.

(1) The public welfare is promoted by economically healthy commercial areas which can dually function as centers of commerce and as civic centers where people can meet and interact, and which therefore attract people to shop, work, recreate and engage in public discourse. These areas provide easily-accessible goods and services to local residents, workers and tourists, employment opportunities, tax revenue necessary to support essential public and social services, and economic productivity necessary to maintain and improve property within these areas;

(2) Aggressive begging usually includes, but is not limited to, menacingly approaching or following pedestrians, repetitive soliciting money despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or the intentional blocking of pedestrian and vehicular traffic. In some circumstances, aggressive begging, intentional obstruction of pedestrian or vehicle traffic, or solicitation in certain areas where a person is captive or more vulnerable, may deter many members of the public from frequenting those areas. This, in turn, contributes to an erosion of the essential economic viability of those areas. Business failures and relocations can cause vacant storefronts contributing to a spiral of deterioration and blight which harms the public health, safety and welfare.

(3) The Council further finds that the presence of individuals who solicit money from persons at or near banks, automated teller machines, in public transportation vehicles, at outdoor cafes, or of someone waiting in line, is especially troublesome because of the increased vulnerability and enhanced fear of crime in those confined environments. Motorists also find themselves confronted by persons seeking money who, without permission, wash their automobile windows at traffic intersections, despite explicit indications by drivers not to do so. Such activity carries with it an implicit threat to both persons and property.

(4) The public should not have to endure unwanted, aggressive begging. There are numerous places within the City where non-aggressive soliciting may be accommodated without unduly interfering with the safe flow of pedestrian traffic, impairing commercial activity, threatening public safety or harming the public welfare. These other places include most city sidewalks, city parks, common areas open to the public, and private property with the permission of the property owner.

(5) The limitations on the time, place and manner of begging or soliciting are reasonably necessary and appropriately balances the public interest and individual rights.

(b) Definitions. For the purpose of this section the following definitions apply:

(1) “Aggressive manner” means to beg with the intent to coerce, threaten, hound or intimidate another person into giving money or goods and includes, but is not limited to:

(i) Intentionally or recklessly making any physical contact with or touching another person in the course of begging or soliciting without the person's consent;

(ii) Following the person being solicited if that conduct is: (1) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(iii) Continuing to beg or solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is: (1) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation;

(iv) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest shall not constitute obstruction of pedestrian or vehicular traffic;

(v) Intentionally or recklessly using obscene or abusive language or gestures: (1) intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; or

(vi) Approaching the person being solicited in a manner that: (1) is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or (2) is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.

(2) “Beg” means to ask for, solicit or demand money or goods as a charity, whether by words, bodily gestures, signs or other means.

(3) “Intimidate” means to engage in conduct which would make a reasonable person fearful or feel compelled or threatened.

(4) “Public Place” means both public property and private property open to the public and includes, but is not limited to, parks, plazas, parking lots, highways, streets, bridges, alleys, driveways, sidewalks, walkways, and areas generally accessible to the public.

(5) “Solicitation” or “Solicit” means any request made in person seeking an immediate donation of money, food, cigarettes or other thing of value from another person, by words, gestures, signs or other means, whether or not in exchange for goods, services or other consideration, regardless of the solicitor’s purpose or intended use of the money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. A person is not soliciting for the purpose of this section when he or she passively displays a sign or gives any other indication that he or she is seeking donations, and where he or she does not address his or her solicitation to any specific person other than in response to an inquiry by that person.

(c) Prohibited acts. It shall be unlawful for any person to beg or solicit another person:

(1) In an aggressive manner in a public place;

(2) In any public transportation vehicle;

(3) Within twenty-five (25) feet of any entrance or exit of any bank or check cashing business or within twenty-five (25) feet of any automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities;

(4) From any operator of a motor vehicle that is in traffic on a public street in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.

(5) While standing in any portion of a street or median, highway, or driveways, to solicit from any person traveling in a vehicle along a public right-of-way, including, but not limited to public streets, highways or driveways.

(d) Notice. No person shall be cited under subsection (c) of this section unless the person engages in conduct prohibited by said subsection after having been notified by a law enforcement officer that the conduct violates subsection (c) of this section.

(e) Penalties.

(1) A violation of this section may be punished by a fine not to exceed One Hundred and no/100ths ($100.00) Dollars or by imprisonment for term not to exceed thirty (30) days, or by both. If the person has been convicted of a violation of this section within the previous period of one year, the person shall be fined not more that Two Hundred Fifty and no/100ths ($250.000) Dollars or imprisoned for not more than ninety (90) days, or both.

(2) In lieu of, or in addition to the penalty provided in this section, a person in violation of this section may be required to perform community service work as described by the court.

(3) Any arrest or conviction under this section shall be disclosed to government social service agencies who request that the applicable public official be notified of such events.

(§ 1, Ord. 1301-NS, eff. October 23, 1997)

(a) It shall be unlawful to encroach, or to make or cause any encroachment over, under, or upon any publicly owned property of the City, City of Thousand Oaks Redevelopment Agency, Conejo Open Space Conservation Agency (COSCA), or any other public joint powers authority of which the City is a party, unless prior written permission is granted by the applicable chief administrative officer, or their designee. For the purposes of this subsection, "encroachment" shall mean any of the following:

(1) The alteration to any vegetation, rock(s), or other natural features;

(2) The placement or storage of any materials or debris on, under or over any publicly owned land;

(3) The construction of any building, monument, obstruction, fencing, structure, patio, signage, landscaping, garden, orchard, road, driveway, trail, or any other physical improvement placed on, under or over any publicly owned land.

(b) Notwithstanding the designations as set forth in subsection (a) above, "encroachment" shall not mean the placement of hand-carried personal items for the temporary use and in the immediate control and vicinity of the individual, including but not limited to chairs, backpacks or other similar items.

(§ 2 Ord. 1532-NS, eff. March 11, 2010)