Tulare Municipal Code Ch. 8.38 Encampments on Public Property

The City Council is committed to protecting the life, health, and safety of all people in the city and finds that certain public lands within the geographical boundaries of the city pose significant health and safety hazards to the people who make shelter or stay overnight in these areas. Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. The City Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. 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. 2025-05, passed 5-6-2025)

The following words, phrases and terms as used in this chapter shall have the following meanings:

ABATEMENT. The process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at an encampment according to the process in § 8.38.060 of this chapter.

CAMP. Placing, setting up, or utilizing camping equipment such as tents, tarpaulins, temporary shelters whether commercially produced or improvised from random materials, cooking facilities, hammocks, ground cover, bedding, sleeping bags, or other equipment of similar nature used for living accommodation or lodging purposes in the outdoors. Camping does not include the use of umbrellas or sunshades during the time the park is open to the public or the use of temporary structures pursuant to a permit issued pursuant to this chapter. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. Camping shall not include merely sitting, lying, or sleeping outside in a public park area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.

CAMP PARAPHERNALIA. 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, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers, or other furniture.

ENCAMPMENT. 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.

PARK. Any outdoor area owned, leased, or controlled by the city opened to the public for recreational use, including but not limited to any body of water, land, campsite, recreation area, building, or structure.

SHELTER. Any city-funded shelter or shelter provided as part of the city’s coordinated intake system for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager or their designee for use by individuals or families experiencing homelessness.

WASTE. Material of any nature that constitutes rubbish, solid waste, liquid waste or medical waste. WASTE also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. WASTE does not include compost piles, composting or Recyclable material properly contained and disposed of in a timely fashion.

WATERWAY. All the portions, including embankments and vehicle easements, of Tulare Irrigation Canal, The People’s Ditch, Oakland Colony Ditch, Hooper Ditch, Railroad Ditch, Tulare Colony Ditch, Bates Slough Ditch, Elk Bayou Ditch, Porter Slough Ditch, Kaweah Canal, and any unnamed waterways found within the boundaries of the City of Tulare.

(Ord. 2025-05, passed 5-6-2025)

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

(1) Build or erect a structure of any type along the banks or in the body 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;

(2) Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway;

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

(4) Dig on the banks of a waterway; or

(5) Discharge or store items or 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 City Manager or their designee or by any law, regulation, permit, order or other directive from a regulatory authority.

(Ord. 2025-05, passed 5-6-2025)

(A) It is unlawful for any person to camp or to maintain an encampment in or upon any public property, including in any street, sidewalk, parkway, lighting and landscaping areas, parking lots, park, Community Services Department buildings, waterway, and banks of a waterway.

(B) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp or to maintain an encampment in the following locations:

(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the State Board of Education provided signs are posted prohibiting camping that are clearly visible to pedestrians. School for purposes of § 8.38.040(B) does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians.

(3) In any waterway or the banks of a waterway.

(4) Within any transit hub or bus stop provided signs are posted prohibiting camping that are clearly visible to pedestrians.

(5) In any location where the City Manager or their designee determines there is a substantial public health and safety risk and provided signs are posted prohibiting camping that are clearly visible to pedestrians.

(Ord. 2025-05, passed 5-6-2025)

(A) This section is enforceable by any law enforcement officer, code enforcement officer, park ranger, or city staff as designated by the City Manager or their designee.

(B) Sections 8.38.030 and 8.38.040 of this chapter are enforceable at all times regardless of shelter availability.

(Ord. 2025-05, passed 5-6-2025)

For a first violation of this chapter, the officer shall issue a written warning that their conduct is in violation of this chapter and must give the person an opportunity to comply with the provisions of this chapter of at least 12 hours. A second violation of the provisions of this chapter, within a 12-month period shall, upon conviction thereof, be guilty of an infraction. A third violation under this chapter within a 12-month period, and every subsequent violation within a 12-month period shall be prosecuted as a misdemeanor by any office allowed to prosecute such crimes. Each violation of this chapter shall be a distinct and separate violation.

(Ord. 2025-05, passed 5-6-2025)