Ventura Municipal Code Ch. 10.150 Camping and Storage of Personal Property in Parks and Other Public…

3 Cross reference(s): Streets and other public ways and places, Title 18; public parks, beaches and street trees, Title 20.

Public parks, beaches, parking lots, streets and other public areas 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 chapter is to maintain public parks, beaches, parking lots, streets and other areas within the city in a clean and accessible condition. (Code 1971, § 6510)

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 chapter.

“Camp” means to pitch or occupy camp facilities; to use camp paraphernalia.

“Camp facilities” include, but are not limited to, tents, huts or temporary shelters.

“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and similar equipment.

“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (Code 1971, § 6511)

It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as otherwise provided:

A. Any park.

B. Any public beach.

C. Any street.

D. Any public parking lot or public area, improved or unimproved.

Exceptions. This section shall not prohibit sleeping, cooking, or camping in areas designated for such purposes. This section shall not prohibit the use of a park for a fire camp upon the request of the Ventura city fire department or the United States Forest Service. (Code 1971, §§ 6512, 6512.1)

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

A. Any park.

B. Any public beach.

C. Any street.

D. Any public parking lot or public area, improved or unimproved. (Code 1971, § 6513)

A. Unlawful. It shall be unlawful for any person to sleep, camp or to store personal property, including camp facilities and paraphernalia, in the following areas (collectively floodplains) except as otherwise provided for:

1. The Ventura River floodplain overlay zone; and

2. The Santa Clara River floodplain overlay zone.

B. Exceptions. This section shall not prohibit sleeping, camping or storing personal property in areas designated for such purposes, which are permitted by a governmental entity, or in a caretaker’s residence.

C. Signs. The chief of police, or a designated representative thereof, is hereby authorized to construct, maintain, and post such markings and signs as are determined to be necessary or desirable to give public notice of the provisions of this section. (Code 1971, §§ 6514, 6514.1, 6514.2)

No person shall cook food on any public beach, park, or parking lot between the hours of 11:00 p.m. and 5:00 a.m. This section shall not prohibit cooking in areas designated for such purposes. (Code 1971, § 6515)

It shall be unlawful for any person to park a motor vehicle or a transportable living facility on any street, highway, or public or private property for purposes of living or residing or sleeping therein, except as otherwise permitted by law. “Living” or “residing” or “sleeping” as used herein shall include use of a facility as living or sleeping quarters for a single day or night. This section shall not apply to registered guests, campers or residents of mobile home or recreational vehicle parks validly existing pursuant to city zoning requirements or, where not expressly prohibited by the zoning ordinance, to any nonprofit entity, business, public agency or church that offers a supervised environment for providing emergency shelter on their property under procedures established by the city manager’s office. In addition, sleeping in a parked vehicle for a limited time, not exceeding four hours, under bona fide conditions of emergency, or in the interest of public safety, shall not constitute a violation of this section. No person shall be cited under this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that they are in violation of the prohibition in this section. (Code 1971, § 6516; Ord. No. 2009-018, § 1, 9-21-09)

A resident within the city may permit a visitor or visitors to live or sleep in a vehicle equipped for transportable living or sleeping on a temporary basis pursuant to the following: the resident may permit one such vehicle to be so parked and so used on the site of the host residence property for no more than seven days in any 90-day period; provided, that (A) parking room is available on site (without use of front lawns or other areas required to be maintained as open areas); (B) parking the vehicle does not constitute a safety hazard; (C) the presence of the vehicle and/or its occupants does not cause a public nuisance. (Code 1971, § 6517)

No person shall use any public right-of-way, including streets, alleyways, sidewalks and areas dedicated or subject to easements for rights-of-way, for purposes other than those associated with access and traffic circulation, unless otherwise permitted by law. (Code 1971, § 6518)

A. Unless otherwise authorized in this chapter, any personal property, including camp facilities and paraphernalia, unlawfully stored or found in the floodplains or in an encampment in a city park shall be deemed abandoned property.

B. The police chief, or designee (collectively “enforcement officer”), is authorized to remove property unlawfully stored or found in the floodplains or in an encampment in a city park in accordance with this chapter.

C. For purpose of this chapter, “encampment” includes a shelter consisting of tents, tarps or other coverings, a latrine, cooking facilities, and other evidence of habitation near the shelter. (Code 1971, § 6519)

The enforcement officer may remove personal property unlawfully stored or found in the floodplains or an encampment in a city park as follows:

A. The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:

It is illegal to store personal property in the Flood Plain or City park. If this personal property is not removed by (specify date at least 7 days from posting), THIS PERSONAL PROPERTY SHALL BE DEEMED INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND POSSIBLE DESTRUCTION.

B. The enforcement officer may remove any personal property still unlawfully stored or remaining in the floodplain or from an encampment in a city park after the posting period has expired. (Code 1971, § 6520)

A. “Personal effects” for purposes of this chapter means personal property consisting of the following items:

1. Medication, eyeglasses, or other medical devices;

2. Sleeping bag or bed roll which is sanitary and nonverminous;

3. Tents in usable and reasonably good condition;

4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous; and

5. Personal property with an individual fair market value of $50.00.

B. At the time of removal of unlawfully stored or remaining personal effects in the floodplains or in an encampment in a city park, the enforcement officer shall conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:

1. A list of personal effects removed;

2. A telephone number for information on retrieving personal effects; and

3. The length of time during which the personal effects may be claimed.

C. Following removal of unlawfully stored or remaining personal effects, an enforcement officer shall:

1. Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;

2. Place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and

3. Store removed personal effects in an area designated by the enforcement officer for a period of 90 days.

D. If personal effects are claimed within 90 days from removal, unless the property is connected to a crime or is illegal to possess, the enforcement officer shall release the stored property to the owner upon the following:

1. The person claiming ownership identifies the property and approximate location where the property was left by the owner. (Code 1971, § 6521)

A. Unlawfully stored or found personal effects removed from the floodplains or encampments in city parks, remaining unclaimed at the end of 90 days from removal, shall be dedicated for public use, and may be given for charitable use to a local nonprofit agency, or placed for sale pursuant to this code.

B. All other unlawfully stored or found personal property removed from the floodplain or from an encampment in a city park is deemed intentionally abandoned and may be summarily abated and destroyed. (Code 1971, § 6522)