Tuolumne County Municipal Code Ch. 12.40 Protection of Critical Infrastructure

Sections:

• 12.40.010
• Findings.
• 12.40.020 Relationship to other laws.

• 12.40.025 Liability of County.

• 12.40.030

• Purpose and intent.
• 12.40.040
• Definitions.
• 12.40.050
• Prohibited activities.
• 12.40.060
• Abatement; Obtaining compliance; Storage of personal property.
• 12.40.070
• Violation and Enforcement – public nuisance and penalty.
• 12.40.080
• No duty to enforce.
• 12.40.090
• Issuance of Administrative Citations and Penalty Amounts.
• 12.40.100
• Form and Service for Citation.
• 12.40.110
• Service Procedures.
• 12.40.120
• Procedure to Appeal an Administrative Citation.

The Board of Supervisors of the County of Tuolumne finds and declares as follows:

A. In recent years, the number and size of unauthorized encampments in the unincorporated area of the County and on or near critical infrastructure within the jurisdiction of the County of Tuolumne has increased.
B. A primary threat to the public health, safety, welfare and to natural resources is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal. Destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, accumulation of rubbish, or other causes; and destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
C. Encampments in, on and around critical infrastructure present serious threats to the public health, safety, welfare, and natural resources. These threats include exposing campers, emergency personnel and the general public to bodily injury and death due to fire, flood, or other disasters. Threats also include exposing campers to illness-causing bacteria, blocking access to critical public infrastructure, damaging the structural integrity of bridges, and damaging and threatening water quality and other natural resources. These threats are often due to improperly disposed of and discharged garbage, rubbish, infectious waste, and other pollutants such as camping fuel, electronics, human and pet waste, used needles, wastewater from cooking, laundry and other activities that threaten the water quality and expose both the unsheltered and the community around them to illness-causing bacteria and other hazards. D. Criminal activity may be present near encampments, which creates potential victimization of all residents, housed and unhoused. The prevalence of substance abuse and mental health disorders can

also lead to an increase in criminal offenses due to individuals being disconnected from supports and housing. E. The County is actively engaged in facilitating direct outreach and assistance to unhoused individuals and successful placements in temporary shelter and permanent housing. County departments involved in this effort include the Health and Human Services Agency, County Administration and its Homeless Services Coordinator, Code Compliance, Environmental Health, Solid Waste, the Sheriff’s Office, County Fire, and the Public Works Department.
F. The County has actively partnered with the City of Sonora, the HOST MOU program, and other entities including joint powers agencies such as ATCAA, MLJT, and non-profits to serve the unhoused in our community.
G. The County continues to make efforts to connect individuals to shelter and housing options funded by the County and its partners, ranging from emergency shelter and temporary hotel stays, to interim supportive housing, permanent supportive housing, and ultimately to long term rentals and other options.
H. The County has made significant efforts and financial contributions toward preventing and ending homelessness by investing in staffing, services, shelter, and housing solutions. The County is in the process of creating and supporting low barrier emergency shelter programs and has offered temporary motel placements to the unhoused. I. Based on the needs of each unhoused individual camping in, on or near critical infrastructure, continuing efforts will be made to connect individuals to shelter, and housing options funded by the County and its partners ranging from providing shelter, hotels, affordable housing, permanent supportive housing, rentals, and other options, as resources allow.
J. By adopting this ordinance, the Board of Supervisors recognizes and formally establishes that human habitation in, on or around critical infrastructure is inappropriate and unacceptable based on the numerous serious threats to public health, safety, welfare, and natural resources as set forth herein.
The County will continue working with its partners to provide a variety of temporary and permanent housing options that will serve as alternatives to camping on or around publicly owned critical infrastructure, as resources allow.

This Chapter is not intended to, nor shall it be construed or given effect in a manner that causes it to apply to, any activity that is regulated by federal or state law to the extent that application of this Chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory purposes. It is the intention of the Board that this Chapter shall be interpreted to be compatible and consistent with federal, state, and County enactments and in furtherance of the public purposes which those enactments express. It is the intention that the provisions of this Chapter will supersede any other provisions of this Code found to be in conflict.

This Chapter shall not be construed as imposing upon the County any liability or responsibility for damage resulting from any storage and handling practices as herein provided; nor shall the County, or any official employee thereof, be held as assuming such liability or responsibility by reason of the activities authorized hereunder.

It is the intent and purpose of this Chapter to protect public health, safety, welfare, and natural resources by prohibiting camping and related activities on property designated as

critical infrastructure located within the jurisdiction of the County of Tuolumne.

A. “Abandoned property” means any property that, based on words, acts or other objective indications, provides a reasonable inference that a person has relinquished ownership of the property. B. “Abatement” means the process of documenting and collecting eligible items for storage, and removing and disposing of, recycling, or reusing of waste at encampment according to the process in Chapter 8.80 of the Tuolumne County Ordinance Code. C. “Camp” and “camping” means to place, build, or occupy an encampment, or to use camp paraphernalia, or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight. D. “Camp facilities” include, but are not limited to, tents, huts, vehicles, vehicle camping outfits or temporary shelter. E. “Camp paraphernalia” means, personal property used to facilitate occupancy of an area and includes, but is not limited to, 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. F. “Citation” or “Administrative Citation” means an administrative citation issued pursuant to this ordinance under the authority of Government Code section 53069.4. G. “Code Compliance Officer” means the County official designated by the Board of Supervisors and his/her designee(s). H. “County owned property” means land in which the County owns or holds any real property interest including fee ownership and easement. I. “Critical infrastructure” means publicly and privately owned real property or a facility, as approved by resolution of the Board of Supervisors, that the County Administrator recommends as being so vital and integral to the operation or functioning of the County that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, welfare, or natural resources of the County. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, law enforcement stations, jails; structures such as antennas, bridges, roads, train tracks, drainage systems, waterways; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunications centers, or water sources. J. “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 and/or their belongings and that are not authorized by the property owner. Encampment includes any camp facilities, camp paraphernalia and personal property associated with or located in or around the structures or tents. K. “Establish” means setting up or moving equipment, supplies or materials on to public or private property to “camp” or operate camp facilities. L. “Facility” means a building, structure, equipment, system, or asset. M. “Garbage” has the same meaning as defined in Chapter 8.05.025(H) of the Tuolumne County Ordinance Code. N. “Hazardous waste” has the same meaning as defined in Chapters 7.08.140 and 8.05.025(L) of the Tuolumne County Ordinance Code. O. “Infectious waste” has the same meaning as defined in California Code of Regulations, Title 14, Section 17225.36. P. “Maintain” means keeping or permitting equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. Q. “Navigable waters” means all waterways (inclusive of streams, rivers, and creeks)

that are capable of being navigated, in whole or in part, by oar or motor- propelled small craft, whether seasonally or year-round. R. “Nuisance materials” refers to items including trash and debris which are unsanitary, may produce an odor, attract, or harbor insects or rodents or providing a breeding place for them, may lead to an infectious disease, or are otherwise hazardous to the health, safety and welfare of County staff or the general public.
S. “Operate” means participating or assisting in establishing or maintaining a camp or camp facility. T. “Public property” means all public property including, but not limited to, streets, sidewalks, alleys, improved or unimproved land and parks. U. ”Responsible Party” means an individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act violated this chapter, including, without limitation, any person or entity that causes, maintains, permits, or allows a violation of this chapter. V. “Solid waste” has the same meaning as defined in Chapter 7.08.290 of the Tuolumne County Ordinance Code. W. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. X. “Wildfire risk area” means land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the Fire Marshall of the responsible fire authority or 24 CCR 202.

A. No person shall engage in any of the following “Prohibited Activities” in, on, or near or within 25 feet of critical infrastructure, or within 150 feet of navigable waters: i. Camping or sleeping. ii. Storing or leaving personal property unattended. iii. Erecting, building, storing, maintaining or occupying a tent, recreational vehicle, temporary shelter, or other structure or vehicle. iv. Igniting or maintaining a campfire, other fire, open flame or camping stove.
B. No person shall obstruct a street, sidewalk or other public right-of- way by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 327 (1990), as amended from time to time. C. Nothing in this Chapter is intended to prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by the Tuolumne County Ordinance Code or other laws, ordinances and regulations.

Storage of personal property.

A. County endeavors to maintain all County owned property designated as Critical Infrastructure free of Prohibited Activities while also ensuring these efforts do not criminalize persons experiencing homelessness. Before issuing a citation pursuant to this Chapter, attempts shall be made to obtain the person’s voluntary compliance with this Chapter and provide outreach and offer resources to facilitate relocation. B. Items to be considered for storage are those of intrinsic value and may include, but not be limited to, cash, credit cards, prescriptions, legal documents, items

cared for and inside storage containers, etc. Items that will not generally be considered for storage includes spoiled food, strewn, unfolded clothing or bedding, illegal items (such as narcotics), hazardous waste, and items that present an immediate risk to health and safety. C. If evidence of camping, personal property storage or other Prohibited Activities are discovered, a written Notice shall be posted conspicuously on or near the site advising that such Prohibited Activities must cease and/or property removed within the time stated in the notice, which shall not be less than 72 hours of the posting of the notice (“Notice to Vacate/Notice of Violation”). If Prohibited Activities do not cease and/or personal property is not removed by the date and time stated in the Notice, the persons engaging in the activities shall be subject to citation pursuant to this Chapter, and the personal property shall be subject to removal and storage. Any removed personal property, except for nuisance materials, shall be retained and stored for at least 90 calendar days and Notice posted at the site where the property was recovered providing clear instructions for anyone wishing to claim the property.
Any personal property not claimed after 90 calendar days will be deemed abandoned and will be disposed of or donated. Nuisance materials and items and materials that are clearly abandoned will not be stored and will instead be immediately discarded. D. Notwithstanding subsection 12.40.060(B) above, persons are required to immediately cease Prohibited Activities and vacate the area pursuant to a public agency’s order or directive issued: (i) in response to an emergency situation posing imminent risk of death or injury such as predicted high water flows, active wildfire or the location of an encampment is in an inherently dangerous location such as under a bridge, in a wildfire risk area, or (ii) to clear an area required for emergency access to critical infrastructure (“Emergency Order”).
Following the issuance of an Emergency Order, to the extent reasonably possible under the circumstances, any personal property that is left behind shall be retained and stored in accordance with the provisions of subsection12.40.060(B) above, except that no 72-hour notice is required prior to removal of the property.

nuisance and penalty.

A. Engaging in a Prohibited Activity after the date and time specified in the Notice to Vacate/Notice of Violation posted pursuant to this Chapter, or after the date and time specified in an Emergency Order issued pursuant to this Chapter, shall constitute an offense punishable by Administrative Citation.
B. This chapter may be enforced by a Code Compliance Officer. C. Use of the enforcement procedures set forth in this chapter shall be at the sole discretion of the County and its officers, agents and employees. The enforcement procedures set forth in this chapter are supplemental to all other enforcement procedures provided by local, state, or federal law, including any criminal, civil, or administrative enforcement procedures. Election to employ the procedures set forth in this chapter shall not be exclusive of any other enforcement procedures with respect to the same violation(s). D. Violations of this Chapter are hereby declared to be a public nuisance. E. Pursuant to California Penal Code §148, every person who willfully resists, delays, or obstructs a public officer, peace officer, or an emergency medical technician, as defined in the California Health and Safety Code §1797 et seq., in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Nothing in this Chapter shall be construed as imposing on the County any duty to enforce the provisions of this Chapter, and the County shall not be held liable for failure to enforce this Chapter.

Citations and Penalty Amounts

A. Any person who violates this chapter may be issued a citation by a Code Compliance Officer. Each and every day a violation of this chapter exists constitutes a separate and distinct offense. B. When a Code Compliance Officer discovers or otherwise determines that a violation of this chapter has occurred, such officer may issue a Notice (“Notice to Vacate/Notice of Violation”) to the Responsible Party that provides up to 72 hours to abate the violation. If the Responsible Party receiving the Notice to Vacate/Notice of Violation does not comply in the time provided by the notice, the Code Compliance Officer may then issue a Citation. This section does not prevent the Code Compliance Officer from issuing a Citation without previously issuing a Notice to Vacate/Notice of Violation where, in the Code Compliance Officer’s sole discretion, circumstances as outlined in 12.40.060(C) exist that make the Notice to Vacate/Notice of Violation unnecessary or ineffective. C. An administrative penalty for violation of this chapter may be assessed by means of a Citation issued by a Code Compliance Officer and shall be payable directly to the County. Administrative penalties imposed by means of Citation shall be collected in accordance with the procedures specified in this chapter. D. The amount of the fines imposed pursuant to this chapter shall be as set forth in Government Code section 25132. Fines shall increase for repeat violations as described in Government Code section 25132. E. The Code Compliance Officer may, for good cause at any time, reduce or eliminate a monetary penalty imposed via this chapter. Good cause includes the Responsible Party making a bona fide effort to comply after the first violation and payment of the full amount of the fine would impose an undue financial burden on the Responsible Party. F. The administrative penalty becomes effective and due immediately upon issuance of the Citation. The Responsible Party has thirty (30) days from the date of service of the Citation to pay the penalty in the absence of a timely submitted request for hearing to appeal the citation, pursuant to Section 12.40.100, below. G. The County may pursue any remedy authorized by law to collect administrative penalties that are not timely paid, including but not limited to a civil action for collection of civil penalties.

A. The Administrative Citation shall contain the following information: i. The date and address or description of the location where the Notice to Vacate/Notice of Violation occurred; ii. Reference to this chapter and a brief description of the Prohibited Activities if greater specificity is required to identify the violation; iii. The amount of the penalty; iv. Identification of appeal rights and a description of how to appeal; v. The signature of the Code Compliance Officer issuing the Citation along with the date of issuance of the Citation. B. Any Administrative Citation issued pursuant to this chapter shall be served

upon the Responsible Party pursuant to 12.40.110, below.

An Administrative Citation may be served on the Responsible Party as follows:

A. Personal Service: personal service may be accomplished by setting the Citation documents down near the Responsible Party and stating, in a voice loud enough to be heard by the Responsible Party, that the documents are for the Responsible Party, if the Responsible Party either picks up the documents or makes an indication that they understand the documents are intended for them; or B. Posting: posting the citation on any property at the location at which the Prohibited Activity has occurred; posting shall be placed in a position that is likely to catch the attention of the Responsible Party. C. Service shall be deemed complete at the time of personal service, or one day after posting.

Administrative Citation

A. Any recipient of a Citation who is identified as a Responsible Party may contest that he/she was responsible for the Prohibited Activities by appealing the citation to the County. B. To appeal the Citation, the recipient must give notice to the County within ten (10) days from the date of service of the Citation that they are appealing the Citation. The notice to the County may be made by providing a document, in writing, bearing the title, “Appeal of Administrative Citation”, containing the following: i. The name, address and telephone number of the appellant; and ii. Sufficient information to identify the Citation; and iii. The grounds on which the Citation is being contested; and iv. All information, including copies of exhibits, that supports the grounds for appealing the Citation. C. The hearing officer shall be the Board of Supervisors or their designee. The hearing officer shall not be the Code Compliance Officer. D. Upon receipt of a timely requested appeal, the County will present the matter to the Board of Supervisors, or their designee, who shall give written notice of the time and place of the hearing to the appellant and the County.
i. A hearing on the Citation shall be set for a date not less than fifteen (15) days nor more than sixty (60) days from the date that the completed “Appeal of Administrative Citation” is filed, unless the Board of Supervisors, or their designee, determines that the matter is urgent or that good cause exists for an extension of time.
ii. The Board of Supervisors, or designee, will consider the appeal by reviewing any or all of the associated documents presented by the appellant or the County, including any testimony from the appellant and/or the County. The Citation and any additional written information provided by the Code Compliance Officer to the Board of Supervisors shall constitute prima facie evidence of the respective facts contained in those documents; iii. The Board of Supervisors, or designee, may continue the hearing and request additional information from the parties prior to rendering a written decision. E. The failure of any recipient of a Citation to appear at the hearing shall constitute a waiver of any objections to the

imposition and amount of the fine and shall constitute a failure to exhaust administrative remedies. F. If the Board of Supervisors, or designee, determines that a violation did not occur, the County will withdraw its citation along with associated penalty; G. If the Board of Supervisors, or designee, determines that a violation occurred, the County will give notice within a reasonable time from the date of the hearing to the appellant using the contact information provided by the appellant in the “Appeal of Administrative Citation.” H. The decision of the hearing officer shall be the final administrative order and decision. To seek further relief, a Responsible Party may file an appeal in superior court as set forth in the California Code of Civil Procedure sections 1094.5 and 1094.6.