Trinity County Municipal Code Ch. 8.41 Encampments on Public Property

The board of supervisors finds that the county is committed to protecting the life, health, and safety of all people in the county and finds that certain public lands within the geographical boundaries of the county pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the board finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. It is the purpose of this chapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive public lands to prevent destruction of these assets, and to establish a process for the collection, storage, and disposal, recycling, or reuse of personal property found in encampments on public property.

(Ord. No. 1376 , § I, 6-17-25)

For purposes of this chapter, the following definitions apply in this chapter:

"Abatement" means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment.

"Board" means the board of supervisors of the county.

"Camp paraphernalia" means personal property used to facilitate occupancy of an area and includes personal property typically associated with camping such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, fire pits. cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

"Camp" means to pitch, erect, or occupy an encampment, or to use camp paraphernalia of both, for the purpose of origin in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.

"Clerk" means the clerk of the board of supervisors of the county.

"Director" means the director of transportation of Trinity County, community development department head or designee thereof.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. Encampment includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.

"Open space" means any undeveloped public property either primarily in its natural state, including canyons, bluffs, and unimproved waterways, or that is held out by the county or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

"Park" means any public property, whether developed or undeveloped, held out by the county or used by the public for active or passive park and recreation uses, including adjacent buffer lands and natural areas and any adjacent parking lots and perimeter sidewalks.

"Shelter" means any county-funded shelter or shelter provided by the county for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the director for use by individuals or families experiencing homelessness.

"Waste" means any rubbish, solid waste, liquid waste, infectious waste, or medical waste. Waste does not include compost piles, composting or recycle material properly contained and disposed of in a timely fashion.

"Waterway" means all watersheds, rivers, creeks, or any flood control channel located within the boundaries of the county.

(Ord. No. 1376 , § I, 6-17-25)

A. It is unlawful for any person to do any of the following:

1. To camp on any public property within one hundred fifty feet of the high-water mark of the waters of the state as defined by subdivision [E] of California Water Code § 13050, or within a regulatory floodway, whichever is greater.;

2. Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;

3. Move boulders or large rocks, destroy vegetation, obstruct passage, paved roads or paths created by the county, or otherwise reconfigure the natural landscape in the waters of or along the banks of the waters of the state;

4. Drive, park, or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;

5. Dig on the banks of a waterway; or

6. Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters of a waterway.

B. Nothing in this section is intended to prohibit the 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; and nothing is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the director or by any law, regulation, permit, order or other directive from a regulatory authority.

(Ord. No. 1376 , § I, 6-17-25)

A. It shall be unlawful at all times of the day for any person or persons to camp on any public property (1) inside any public building, inside any fully-fenced area attached to a public building, or within twenty-five feet of any entrance or exit to a public building, (2) within fifty feet of any house or other permanent structure used as a residence (3) within one hundred feet of the property line of any property used as a school, preschool, playground, daycare, or other licensed childcare facility, (4) within a very high fire severity zone, (5) within any public park, except as otherwise may be specifically authorized by this Code, or (6) within any public highway, road, or street (7) within any public sidewalk, easement, or right-of-way, where the presence of the person or their property thereon hinders or obstructs the free passage, access, or movement of any persons, bicycles, or vehicles traveling or attempting to pass along the same right-of-way, and (8) within twenty-five feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center. In order for a violation of subsection (b)(4) or (b)(5) to occur, an individual first must be requested by a peace officer to move along from the area unless the individual has been provided a prior warning or written notice of the prohibition on camping at that location or if there is signage posted in the area warning of the prohibition on public camping.

B. At all time, regardless of the availability of shelter space or beds, it is unlawful for any person to camp maintain an encampment, or sleep, where such activity poses:

1. An immediate threat or an unreasonable risk of harm to any natural person;

2. An immediate threat or an unreasonable risk of harm to public health or safety; or

3. Disruption to any nosiness, store, religious institution, education facility, or government services.

C. At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment, or sleep, on any public road or on public property under the jurisdiction and/ or responsibility of the county. This section shall not apply to county parks that are specifically designated for camping.

(Ord. No. 1376 , § I, 6-17-25)

An authorized enforcement officer may remove personal property, camping paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in non-compliance with the following procedures:

A. Written Notice Required Prior to Abatement:

1. A written notice of clean-up, in English and Spanish, will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of seventy-two hours for persons to remove their personal property and shall also include the following statement, which may be updated by the director to provide accurate and current information:

"You must remove your belongings from the site within seventy-two hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the County. The County will post an Impound Notice, in English and Spanish, if belongings are stored during the clean-up process.

If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.

If you think your belongings were stored, you can claim them by following the directions on the Impound Notice after the clean-up is complete. Information about how to claim your belongings is also available on the County's website."

2. After seventy-two hours, the director or their designee shall be authorized to conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed or rescheduled, the director may conduct abatement within seventy-two hours of the posted notice of clean-up without reposting a new notice of clean-up. If abatement is delayed longer, the director shall repost a notice of clean-up with a new date.

B. The director shall follow these additional procedures when persons are present at an encampment during an abatement:

1. When shelter is available, the director shall provide any person at an encampment with shelter and service information and direct them to remove their belongings from the site. The director shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable.

2. Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned.

3. Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own. Unless the person requests the personal property be discarded or entrusted to another, all personal property of apparent value will be taken to the county designated location for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the director shall follow the abatement process in this chapter.

C. Unclaimed items found in abatement shall be eligible for storage if:

1. Circumstances indicate that the item belongs to a person;

2. The item has apparent utility in its current condition and circumstances; and

3. The item can be safely retrieved from the site.

Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.

D. An eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:

1. Hazardous, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

2. Likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

3. Contraband or stolen; or

4. Otherwise is of a hazardous nature to human health or safety.

E. The director or his/her authorized designee shall record each eligible item to be stored, including the location it was found and the date of storage. Any stored items shall be kept in storage at least ninety calendar days and then may be disposed of, recycled, or reused following the process designated by the director.

F. After abatement has concluded and when eligible items are collected and will be placed in storage, the director shall post notices, in English and Spanish, at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the county's website. A person may retrieve stored items based on a description with sufficient specificity to demonstrate ownership. A person may retrieve stored items without inquiry into the person's criminal background or outstanding warrants.

G. After abatement is concluded, the director or his/her authorized designee will remove and notices from the property and dispose of them properly.

(Ord. No. 1376 , § I, 6-17-25)

A. In an expedited abatement, the director shall follow the same abatement and storage procedures for the abatement of encampments, but shall post a notice of clean-up, in English and Spanish, giving a minimum of three hours for all persons to remove their personal property.

B. The director shall prioritize and expedite the removal of an encampment if:

1. The board or other governmental authority determines that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or

2. The director observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death.

(Ord. No. 1376 , § I, 6-17-25)

A. Violations of this chapter may be prosecuted as misdemeanors subject to the fines and penalty provisions pursuant to Chapter 8.90 of the Municipal Code.

B. The director and their authorized designee have the authority to, and may, issue administrative regulations in order to implement the administration and enforcement of this chapter. Such regulations shall include, but not be limited to, processes for the provision of information regarding housing and other social services prior to citation or arrest of individuals.

(Ord. No. 1376 , § I, 6-17-25)