Ventura County Municipal Code Ch. 7 Protection of Watercourses and Related Critical Public Infrastructure

The purpose of this Chapter is to protect public health, safety and natural resources by prohibiting camping and related activities on publicly owned property and critical public infrastructure located within Red Line Channels under the jurisdiction of the Ventura County Watershed Protection District ("District").

(Ord. No. 4605, § II, 9-13-2022)

For purposes of this Chapter, the following definitions shall apply:

"Publicly owned property" means land in which the County or District owns or holds any real property interest including fee ownership and easement.

"Public park" means any area created, established, designated or maintained by any federal, state, or local agency for public recreational use.

"Red Line Channel" means a red line flood control channel designated by and under the jurisdiction of the District. The list of Red Line Channels, which was most recently adopted by the District's governing board in 1994, https://www.vcpublicworks.org/wp-content/uploads/2018/12/VCFCD-Channels-List.pdf, is incorporated herein by this reference. Any subsequent amendments to this list of Red Line Channels are incorporated into this definition by this reference.

"Related critical public infrastructure" means publicly owned flood control facilities, access roads, flood control and appurtenant structures and improvements located in or adjacent to Red Line Channels.

"Nuisance materials" refers to items including trash and debris which are unsanitary; may produce an odor; attract or harbor insects or rodents or provide 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.

(Ord. No. 4605, § II, 9-13-2022)

No person shall engage in any of the following "prohibited activities" in, on, or within publicly owned property in a Red Line Channel or related critical public infrastructure:

(a) Camping or sleeping.

(b) Storing or leaving personal property unattended.

(c) Erecting, building, storing, maintaining or occupying a tent, recreational vehicle, temporary shelter, or other structure or vehicle.

(d) Igniting or maintaining a campfire, other fire, open flame or camping stove.

(Ord. No. 4605, § II, 9-13-2022)

This Chapter shall not be construed to prevent any person from engaging in a prohibited activity within a public park if the activity is expressly allowed by applicable park rules.

(Ord. No. 4605, § II, 9-13-2022)

(a) County shall endeavor to maintain all publicly owned property in Red Line Channels and related critical public infrastructure free of prohibited activities while also ensuring these efforts do not criminalize persons experiencing homelessness. Before issuing a citation pursuant to Section 5705 below, attempts shall be made to obtain the person's voluntary compliance with this Section pursuant to subsection (b) or (c) below, as applicable, and provide outreach and offer resources to facilitate relocation.

(b) If evidence of camping, personal property storage or other prohibited activities is 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 seventy-two (72) hours of the posting of the notice ("Notice to Vacate"). If the 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 Section 5705 below, 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 ninety (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 ninety (90) 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.

(c) Notwithstanding subsections (a) and (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 in an inherently dangerous location such as adjacent to a high channel ledge, or (ii) to clear an area required for emergency access to related critical public 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 subsection (b) above, except that no 72-hour notice is required prior to removal of the property.

(Ord. No. 4605, § II, 9-13-2022)

Engaging in a prohibited activity after the date and time specified in the Notice to Vacate posted pursuant to Section 5704(b) above, or after the date and time specified in an Emergency Order issued pursuant to section 5704(c) above, shall constitute an infraction subject to the general enforcement provisions set forth in Division 13 of the Ventura County Ordinance Code. Enforcement of this Section shall not limit the authority to enforce other applicable local and state laws.

(Ord. No. 4605, § II, 9-13-2022)