Vallejo Municipal Code Ch. 7.67 Unlawful Camping and Storage of Personal Property in Public

The public streets and public areas, including, but not limited to open space, sidewalks, parks, buildings, and easements within the 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 article is to conserve and maintain public streets and public areas within the city in a clean and accessible condition.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)

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

A. "Camp" means the erecting of or occupying camp facilities for the apparent purpose of overnight occupancy; to use camp paraphernalia.

B. "Camp facilities" include, but are not limited to, tents, huts, or other temporary shelters.

C. "Camp paraphernalia" includes, but is not limited to, tarpaulins, mattresses, lanterns, stoves, or non-city designated cooking facilities and similar equipment.

D. "Park" means any publicly owned park or recreation or playground area, including bike trails, hiking trails, or building or facility thereon within the city of Vallejo, whether or not such areas have been formally dedicated to such purpose.

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

F. "Unattended property" means any personal property which appears to have been abandoned, discarded, or disregarded by its owner; or property which has been left unattended for an unreasonable amount of time. An "unreasonable" amount of time may be any amount of time, however, any property left unattended for twelve hours or more shall be considered unattended per se. Unattended property shall be handled pursuant to the city's policies and procedures, and in no event shall be destroyed without providing owners with notice and a reasonable opportunity to recover the property.

G. "Streets" or "public streets" includes avenues, highways, lanes, alleys, crossings or intersections, and courts which have been dedicated and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years next preceding the effective date of the ordinance codified in this chapter.

H. "Public property" means all publicly owned real property, including, but not limited to, any street, alley, sidewalk, pedestrian or transit mall, public parking lot, bike path, greenway, creek, waterway, lots, parcels, open space, any other forms of improved or unimproved land or real property or any other structure or area encompassed within the public right-of-way; any park, parkway, mountain park, or other recreation facility; or any other grounds, buildings, or other facilities owned or leased by the city or by any other public owner, regardless of whether such public property is vacant or occupied and actively used for any public purpose.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)

It shall be unlawful for any person to camp, occupy camp facilities, use camp paraphernalia, or cause a disturbance or nuisance, in the following areas, except as specifically authorized by the VMC:

A. Any park;

B. Any street;

C. Public property.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)

It shall be unlawful for any person to store personal property or unattended property, including camp facilities and camp paraphernalia, in the following areas, except as specifically authorized by the VMC:

A. Any park;

B. Any street;

C. Public property.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)

No police or code enforcement officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:

A. The police or code enforcement officer first orally requests or orders the person to refrain from the alleged violation of this section.

B. If the person fails to comply after receiving the oral request or order, the police or code enforcement officer tenders a written warning stating that if the person fails to comply, he or she may be cited or arrested for a violation of this section.

C. At the time of the written warning, if the police or code enforcement officer determines the person may be in need of medical or human services assistance, including, but not limited to, mental health treatment, drug or alcohol rehabilitation, or homeless services assistance, the police or code enforcement officer may provide information about such assistance to the person in need.

D. If the person refuses to cooperate, the police or code enforcement officer may proceed to issue an administrative citation pursuant to Chapter 1.15 for a violation of this section so long as the warnings required by paragraph (A) of this section have been previously given.

E. If the person still refuses to comply after receiving the oral request, the written warning, and the administrative citation, then a police officer may proceed to arrest or criminally cite the person for a violation of this section.

F. Where individuals are not present to remove their personal property pursuant to this chapter, the area shall be posted at least seven days before such property is removed and stored by the city in a manner consistent with the city's administrative procedure regarding encampment removals and state and federal law. Owners of personal property shall have ninety days to recover such property, after which time the city may destroy the property.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)

A. Violations of this chapter shall constitute an infraction and may be subject to an administrative citation, fine, criminal prosecution, or any other civil or criminal remedies available under the VMC or other legal authority.

B. Subsequent violations of this chapter within two years subsequent to the date of the initial violation may, at the discretion of the city attorney, be prosecuted as a misdemeanor, punishable by a fine of not less than five hundred dollars, nor more than one thousand dollars, by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. This remedy is in addition to any other legal remedy, civil or criminal, available under the VMC or other legal authority.

C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the ordinances of the city is committed, continued or permitted by any such person, and may be cited or punished accordingly.

(Ord. No. 1690A N.C.(2d), § 1, 3-11-2014)