Victorville Municipal Code Ch. 13.27 Camping and Storage of Personal Property in Public Areas

The city has the authority to enact laws which promote the public health, safety, and general welfare of its residents 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 and to adjacent residents and businesses operating near these areas. Additionally, the city council and the city fire chief find that some of these public lands are fire hazards due to dry vegetation, prone to wildfires and swift water, and pose significant life and property safety risks to unhoused and homeless residents, adjacent residents, and businesses caused by unregulated human activity. The streets, parks, and 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 and poses risks to adjacent residents and business. The purpose of this chapter is to protect the health, safety, and general welfare of those individuals inhabiting these areas; to maintain streets, parks, and public areas within the city in a clean and accessible condition; to preserve and protect 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. No. 2445, § 2, 12-5-23)

As used in this chapter, the following words and phrases, when capitalized, shall have the definitions set forth in this section. Words and phrases defined in this section when used in the singular may include the plural and the plural may include the singular:

"Abatement" means the process of removing trash and debris, removing and disposing of, recycling, or reusing of waste at an encampment according to the encampment clearance process in Section 13.27.040 and documenting and collecting eligible items for storage.

"Camp" or "camping" means to pitch, erect, or construct an encampment remaining in the same area for a continuous period of time, not associated with ordinary recreational use of a specified location, or to use camp paraphernalia for the purpose of, or in a way that facilitates, outdoor sheltering for inhabitation purposes beyond twenty-four hours or for remaining outdoors overnight. This excludes city facilities that limit use and occupancy as stated in the municipal code.

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

"Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city designated cooking facilities, clothing, shoes, jackets, tents, sleeping bags, bedrolls, blankets, sheets, pillows, luggage, backpacks, bikes, tools, jewelry, audio/visual equipment, cooking equipment, home furniture, chairs, utility carts, documents, and medications.

"Encampment" means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, or camp paraphernalia, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner or connected to a permitted public event.

"Mojave Riverbed Area" means all floodplains and levees of the Mojave River found within the boundaries of the City of Victorville.

"Open space" means any undeveloped public property either primarily in its natural state, whether or not so designated by any land use or zoning ordinance, including desert, vacant lot, and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation, or that maintains or enhances the conservation of natural or scenic resources.

"Park" means the same as defined in Section 14.04.020 of this Code, which states that a park is a park, reservation, playground, recreation center, or any other public area in the city, owned or used by the city, and devoted to active or passive recreation, or a special taxing district.

"Personal property" means any property that is not real property in accordance with California Civil Code Section 663.

"Public area" includes but is not limited to parks, streets, and public parking lots as defined in this section, as well as those areas open to public use, improved or unimproved.

"Public parking lot" means any public parking area, including but not limited to those described in Chapters 12.60 and 12.64 of this Code.

"Sensitive area" means any of the following areas:

(1) On or within five hundred feet 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 that signs are posted prohibiting camping that are clearly visible to students and pedestrians. For purposes of this definition, school does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;

(2) On or within five hundred feet of any shelter; provided that signs prohibiting camping are posted at least at the main entry or access point to the shelter and are clearly visible to patrons and pedestrians;

(3) On or within five hundred feet of any open space, waterway, or banks of a waterway;

(4) On or within five hundred feet of any transit hub or train tracks; provided that signs prohibiting camping are posted at least at one entry or access point to the area and are clearly visible to patrons and pedestrians; and

(5) On or within five hundred feet of any city-owned or operated building or facility, including parks; provided that signs prohibiting camping are posted at every facility entry or access point and are clearly visible to pedestrians.

"Shelter" means any city-funded shelter or a shelter provided as part of the coordinated entry system for placement of individuals or families experiencing homelessness to access beds and other services, or upon authority delegated to the city manager by the city council, an area specifically designated by the city manager for use by individuals or families experiencing homelessness. A list of current shelters is provided on the city's website and is available for public access.

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

"Street" means the same as defined in Section 1.01.100(l) of this Code, which states that a street includes all streets, highway, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of this state.

"Transit hub" means a multimodal transportation station serving as a drop off and pickup location for multiple bus routes.

"Unclaimed property" means any personal property that is held for safe keeping for a period of ninety days and has remained unclaimed by the apparent owner of such property.

"Waterway" means all the areas of the Oro Grande Wash including channels that connect to the Oro Grande Wash, and the Mojave Riverbed Area, as previously defined herein.

(Ord. No. 2445, § 2, 12-5-23)

(a) Unless otherwise permitted by law or permit, when shelter is available, it is unlawful for any person to camp; occupy camp facilities; erect an encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any camp facilities; light or kindle a fire except in an appropriate containment device provided or approved for that purpose by the fire chief or building official; or use camp paraphernalia in the following areas, except as otherwise provided by resolution of the city council and provided that notice of same is clearly and conspicuously posted at the areas:

(1) Any street;

(2) Any park;

(3) Any open space;

(4) Any waterway, including any portion of the Mojave Riverbed Area;

(5) Any public area; or

(6) Any public parking lot.

(b) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp; occupy camp facilities; erect an encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any camp facilities; or use camp paraphernalia in any public area where such activity poses:

(1) An immediate threat or an unreasonable risk of harm to any natural person,

(2) An immediate threat or an unreasonable risk of harm to public health or safety, or

(3) Disruption to vital government services.

(c) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, occupy camp facilities, erect an encampment, erect, configure, construct, maintain, use, occupy, or allow to remain erected any camp facilities; or use camp paraphernalia in any sensitive area as defined in Section 13.27.015.

(Ord. No. 2445, § 2, 12-5-23)

(a) Unless otherwise permitted by law or permit and regardless of the availability of shelter space or beds, it is unlawful for any person to do any of the following within waterways or sensitive areas located within the City of Victorville city limits:

(1) Camp, build, or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area of 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, damage 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, excavate, or compromise the integrity of the banks of a waterway;

(5) Discharge or store waste, including garbage, refuse, or human or animal waste, along the banks or into the waters or sediment area of a waterway;

(6) Unless approved by the city fire chief or by a permit issued by a state or federal government entity, create, ignite, or make any fire including the use of any heat source used for cooking, heating, or warming;

(7) Camp, build, or erect a structure of any type in a sensitive area as defined in Section 13.27.015.

(b) Nothing in this Section 13.27.025 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 by any law, regulation, permit, order or other directive from a regulatory authority.

(Ord. No. 2445, § 2, 12-5-23)

(a) Unless otherwise permitted by law or permit, when shelter is available, it is unlawful for any person to store personal property, including, without limitation, camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

(1) Any street;

(2) Any park;

(3) Any open space;

(4) Any public area, improved or unimproved, including any portion of the Mojave Riverbed Area; or

(5) Any public parking lot.

(b) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to store personal property, including, without limitation, camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:

(1) Waterways;

(2) Sensitive areas.

(c) Regulations relating to the storage of personal property on private property is covered in Title 16, Chapter 6, Article 13 of this Code.

(Ord. No. 2445, § 2, 12-5-23)

(a) Any personal property or possessions left unattended in or on any public area for a period longer than twenty-four hours and the owner cannot be readily identified or located, are presumed to be intentionally abandoned in accordance with California Civil Code Section 2080.7. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause the removal of said property. Any personal property or possessions found during an abatement procedure shall be processed in conformity with subdivisions (a)(1), (a)(5), (a)(6), and (a)(7) of Section 13.27.040 of this chapter.

(b) Unattended personal property or possessions that are unsanitary, soiled, verminous or create an immediate hazard to pedestrians or vehicles may be summarily abated and destroyed. Unattended personal property or possessions that are recyclable may be disposed of in an appropriate manner.

(c) Any unclaimed property, including unclaimed bicycles, shall be held in the possession of the city's code enforcement department for a period not exceeding ninety days. Any unclaimed property remaining after that period may be destroyed.

(Ord. No. 2445, § 2, 12-5-23)

Abatement in public areas. When shelter is available, the city manager or designee may remove personal property, camp paraphernalia, and all other property, contraband, litter, and waste found at an encampment or at a location where a person is engaged in unlawful camping in public areas in compliance with the following procedures:

(a) Notice of clean-up required prior to abatement. A notice of clean-up (in English and Spanish) will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date and time at which of abatement/cleanup will occur and giving a minimum of twenty-four hours for persons to remove their personal property. The city manager or designee shall provide any persons at an encampment with information related to shelters and services and direct them to remove their personal property (belongings) from the site. The city manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable. The written notice of clean-up shall also include:

(1) A statement that personal property located at the encampment must be removed from the site within twenty-four hours and advising that personal property should not be left behind.

(2) A statement indicating that the city manager or designee may conduct the abatement within seventy-two hours of the posted notice of clean-up without reposting a new notice of clean-up.

(3) A statement advising encampment occupants of the date and time at which cleanup will commence and advising encampment occupants of the date and time by which all encampment occupants must vacate the encampment site and remove their items of personal property.

(4) A statement that personal property, including without limitation camp paraphernalia left behind will be cleared by the city (such description of personal property may refer to an attached photograph).

(5) A statement that personal property items deemed intact and of value will be stored by the city for ninety days following the completion of the abatement/cleanup and information as to where, when, and how and such personal property items so stored can be reclaimed.

(6) A statement that the city will post a notice of completed clean-up in the event personal property is stored during the clean-up process.

(7) A statement that the notice of clean-up may be updated and re-posted by the city manager or designee to provide accurate and current information.

(8) Information that access to shelter or services, including access to storage for personal property, is available through the city of Victorville Code Compliance Department.

(b) Posting of notice of completed clean-up. Once abatement/cleanup of an encampment has occurred, following the giving of notice in accordance with the provisions of subsection (a) above, a written notice of completed clean-up must be posted, in order to provide adequate notice. The notice of completed clean-up must be posted in accordance with the following rules:

(1) The notice of completed clean-up must be posted immediately once the cleanup process has been fully completed.

(2) The notice of completed clean-up shall state the date and time at which the encampment cleanup process was completed and shall provide information the former inhabitants of the encampment as to where, when, and how they may reclaim any personal property that was removed and stored during the cleanup process.

(3) Posting of the notice of completed clean-up must be in a prominent place and located within the same area that was cleared. For locations where there is no place to affix the notice, city staff will erect a signpost on which to post the notice of clean-up and completed clean-up.

(4) Staff must document the posting of the site by taking a date-stamped photograph of all notices posted.

(5) Staff shall retain copies of all posted notices in accordance with the city's adopted records retention policy.

(c) Delayed cleanup. The city manager or designee shall conduct abatement/cleanup of the site on the date specified in the notice of clean-up no sooner than twenty-four hours after said notice is initially posted. If abatement is delayed or rescheduled, the city manager or designee may conduct abatement within seventy-two hours of the posted notice of clean-up without reposting a new notice of clean-up. If abatement is delayed beyond seventy-two hours after the initial posting of the notice of clean-up, the city manager shall repost a new notice of clean-up with a new clearance date.

(d) Abatement documentation. The city manager or designee shall document the abatement process as follows:

(1) Photograph the site before any abatement begins,

(2) Open backpacks, purses, suitcases, and other small storage containers for purposes of safekeeping inventory and to determine whether they contain items eligible for storage,

(3) Set out items contained in bags or suitcases and photograph the items,

(4) Photograph all items to be stored,

(5) A photo of the cleanup process,

(6) A photograph of the site after abatement has concluded,

(7) Contact appropriate law enforcement agencies in the event illegal or dangerous materials, or other evidence of criminal activity, are discovered during an inventory search conducted for the purposes of safekeeping personal property, and

(8) Staff shall retain copies of all abatement documentation in accordance with the city's adopted records retention policy.

(e) Storage of personal property. Items found during an abatement of any camp site or encampment shall be put into storage, unless they meet one of the following disqualifying conditions:

(1) Items are hazardous, including items contaminated with human waste, animal waste, are soiled, or infested with bugs, explosives, weapons, liquids, drug paraphernalia, or mold;

(2) Items are likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in mud;

(3) Items are practically un-storable, due to large size, weight, or other similar characteristics;

(4) Items are shattered, crumbled, collapsed, or rendered inoperable due to missing components;

(5) Items constitute contraband or are otherwise indicative of criminal activity.

The city manager or designee shall record each eligible item to be stored, including the location in which it was found and the date of storage. Any stored items shall be kept in storage at least ninety calendar days and then may be disposed of.

(g) Enforcement.

(1) City enforcement officers shall not issue a criminal citation to enforce a violation of Section 13.27.020(a) between the hours of 9:00 p.m. and 5:30 a.m. or when the person is on public or private property at a time when there is no available shelter.

(2) For purposes of this chapter, "available shelter" or "when shelter is available" means that shelter is reasonably available to the person at the time enforcement is taking place and taking into consideration any disability or other specific circumstances applicable to that person. Prior to any enforcement of a violation of this chapter which is conditioned upon available shelter, city enforcement officers shall comply with all policies in effect to identify appropriate, available shelter and offer to aid in relocating the person in violation to said shelter.

(3) Sections 13.27.020(b) and (c) and 13.27.025(a) are enforceable at all times, regardless of shelter availability.

(h) Expedited abatement. The city manager or designee shall prioritize and expedite the removal of an encampment or personal property if:

(1) The city maintains an active, valid trespass agreement with the property owner; or

(2) The encampment or personal property violates Section 13.27.020(b) or (c), Section 13.27.025, or Section 13.27.030(b)(1) or (b)(2) of this chapter.

(3) The city manager or designee observes and determines that the encampment or personal property creates a condition that presents an imminent and immediate threat to property damage, bodily injury, or death where in such situations and in the interest of protecting life, removal is required forthwith.

In an expedited abatement, the city manager or designee shall follow the same abatement and storage procedures in Section 13.27.040(a)(3) and (4), excluding Section 13.27.040(h)(3), shall post a notice of clean-up giving a minimum of three hours' notice for all persons to remove their personal property in a manner reasonably calculated to provide actual notice, taking into consideration any disability or other specific circumstance applicable to that person and providing assistance to accommodate said disability or circumstance.

(Ord. No. 2445, § 2, 12-5-23)

Camping shall be permissible under the following circumstances:

(1) Any commercial use where camping is authorized and established as a permitted or conditional use pursuant to Title 16 of this Code;

(2) Any facility owned and operated by the United States Government, state of California, county of San Bernardino, or special district, wherein by their rules or regulations camping is permitted; and

(3) Any camping activities authorized by the city of Victorville pursuant to established regulations.

(Ord. No. 2445, § 2, 12-5-23)

No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.

(Ord. No. 2445, § 2, 12-5-23)

Any person violating any provision or regulations established under this chapter is subject to the following:

(a) For the first offense, the enforcement officer shall issue a notice of violation.

(b) For the second offense after the expiration of timeframe to comply with a notice of violation, the enforcement officer shall issue an administrative citation forthwith in the amount of twenty dollars per violation. Contents, service, and appeal of the citation shall comply with Sections 1.05.070, 1.05.080, and 1.05.090 of this Code.

(c) For the third and subsequent offenses after the expiration of timeframe to comply with a notice of violation and the issuance of the above administrative fine, provided that shelter is available or that enforcement of the provision(s) of this chapter violated are not among those contingent upon shelter availability, the enforcement officer shall issue a notice to appear for each violation as a misdemeanor in accordance with Chapter 1.04 of this Code.

(d) Each day a violation is committed or permitted to continue shall constitute a new and separate offense.

(e) Nothing in this section is intended to prohibit the city manager or designee from executing a clearance of an encampment or personal property in accordance with the provisions of Section 13.27.040.

(Ord. No. 2445, § 2, 12-5-23)