Visalia Municipal Code Ch. 12.52 Conduct on Public Property

This chapter is not intended to limit or prohibit the rights of any property owner over property, including but not limited to rights of a property owner to enforce trespassing laws or to maintain hours of operation. The definitions set forth in this section apply to this chapter and to any other sections where these definitions are incorporated by reference, either expressly or by implication.

Public Place. "Public place" includes any of the following:

1. Any area inside a city or school district building that is open to the public during its normal operating hours;

2. Any enclosed area outdoors which is owned or occupied by the city and used for public purposes, or which is owned or occupied by a public school district;

3. Any unenclosed area outdoors, owned or occupied by the city and used for public purposes, to which the general public has access and to which, by right or by express or implied invitation, the general public may resort for business, pleasure or other lawful purpose: this category includes, but is not limited to, publicly owned open areas such as streets, sidewalks, trails and parks.

Public Way. "Public way" means any public place or portion of a public place which serves primarily for the movement of pedestrian, vehicular, or bicycle traffic from one area to another; "public way" includes, but is not limited to, streets, sidewalks, bicycle paths, covered or enclosed walkways for pedestrians; any privately owned walkway, whether enclosed or unenclosed, which is open to the general public and which, among its principal purposes, serves to allow pedestrians to pass through or over the premises, without regard to the pedestrian’s destination; and outdoor parking lots, whether publicly or privately owned, which are adjacent to streets, sidewalks or other public places open to the general public.

Enclosed Area. "Enclosed area" means an area which is substantially surrounded by a fence, ditch, wall or other barrier so as to limit access to a relatively few points around the area.

City Building/City Property. "City property or city building" means any property or building which is owned or occupied by the city or any of its agencies and which is used for public purposes.

School District Building. "School district building" means any building which is owned or occupied by a public school district and which is used for public purposes.

School. "School" means any public or private elementary school, junior high school, four-year high school, or continuation high school.

Basin or Basins. "Basin or basins" mean drainage basins or swales intended to collect intermittent flows of water, including but not limited to stormwater, flood control, or water placed into basins for purposes of groundwater recharge. This does not include dual purposes basins that are identified as parks and recreation areas and landscaped with turf improvements but can also serve as drainage basins to collect water, those areas are subject to applicable park rules and regulations.

Camp, Camping or Camping Facilities. "Camp," "camping" or "camping facilities" means placing, setting up or utilizing a camp or camping equipment or camping paraphernalia for living accommodation or lodging purposes in the outdoors. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participants in conducting these activities are in fact using the area as a sleeping or living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging. "Camping" shall not include merely sitting, lying or sleeping outside in a public park/recreation area or the use of a blanket, towel or mat in a public park/recreation area during the time the park is open to the public.

Camping Equipment or Camping Paraphernalia. "Camping equipment" or "camping paraphernalia" means tents, tarpaulins, temporary shelters whether commercially produced or improvised, cooking facilities, hammocks, ground cover, bedding, sleeping bags or other equipment of a similar nature used for living accommodation or lodging purposes in the outdoors.

Ditch Bank. "Ditch bank" means an embankment built to prevent the overflow of a ditch or built to allow travel along the ditch for the operation and maintenance of the ditch.

Levee. "Levee" means an embankment built to prevent the overflow of a river or stream and includes manmade embankments and naturally occurring ridges of sediment deposited alongside the river or stream by water flows.

Riparian Setback Area. "Riparian setback area" shall mean the space owned or managed by the city under applicable policies, regulations, rules of development, or consist of an area designated by the city as space that cannot be developed due to its proximity to the waterway, these areas include but are not limited to areas where the city has installed recreational trails along with protecting, restoring, and enhancing corridors of native riparian vegetation in the areas around waterways, although these trails are also subject to applicable park rules and regulations. This does not include pocket parks or greenbelt areas with turf or other grass areas that similar to a traditional park, these types of facilities are governed by the rules and regulations for parks and recreational areas. It also does not include private property or property owned by the city that is fenced to prevent access or posted indicating that trespassing is prohibited, such areas are closed to the public at all times.

Waterway. "Waterway" shall mean a river, stream, a man-made ditch, or an altered watercourse. Acknowledging that the streams and watercourses do not typically flow over the entire course of the year the term waterway shall be applied at all times regardless of whether the waterway is dry or containing water. These provisions are not intended to restrict or impact the rights of the persons to utilize navigable waters of California.

(Ord. 2024-09 § 3 (part), 2024: Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

A. No person shall occupy any portion of a public way or public place so as to obstruct or interfere with the flow of pedestrian or vehicular traffic thereon, whether such person does so alone or together with one or more persons, or with equipment or personal property of any nature, and whether such person does so by standing, sitting, lying or in any other manner.

B. No person shall occupy a roadway median for any purpose, whether by standing, sitting, lying or in any other manner, and no person shall walk in a roadway median except as necessary to pass through at a designated crossing location. This section shall not apply to those persons occupying a median while conducting activities related to maintenance, surveying, construction, landscape maintenance, landscape improvements, responding to an emergency, or unless otherwise permitted by law.

C. Camping, sitting, sleeping, lying down, or otherwise loitering is not permitted in any portion of a public way, public place, or within five hundred (500) feet of a school unless allowed under the terms of a special event permit or under an exception to special event permit requirements.

D. Camping, sitting, sleeping, lying down, or otherwise loitering on levees, ditch banks, riparian setback areas, in waterways, and basins is prohibited at all times to avoid damage to these areas, unless the such activities are occurring in areas have been designated or set aside specifically for recreational uses, in which case the areas will be subject to applicable parks and recreational rules that prohibit camping except in instances where a permit has been obtained prior to an event. This section is not intended to prohibit activities in navigable waters permitted by the public trust doctrine. Permissible activities on a ditch bank, levee, riparian setback area or waterway owned by the city are limited to authorized persons conducting maintenance activities, ditch operations, authorized habitat restoration projects, and persons allowed with the prior permission from the city to conduct similar activities. Recreational activities in designated trails or at designated trail amenities is permitted, subject to applicable parks and recreational rules. Travel along a ditch bank, levee, or other parts of a riparian setback area or waterway that is open to the public is permitted to reach other publicly accessible places if the means of travel is not causing damage and the area is not fenced or posted with signs indicating that trespassing is prohibited. Travel does not include camping, sitting, sleeping, lying down, or otherwise loitering.

E. Activities that cause damage to habitat or landscaping maintained or managed by the city are prohibited at all times.

F. Access and use of basins that have been designated exclusively for stormwater, flood control, or groundwater recharge is limited to authorized persons conducting maintenance activities in the basins or similar activities to monitor the usage of the basins. No other use of such basins is permitted.

(Ord. 2019-17 § 2 (part), 2019: Ord. 2009-08 § 2 (part), 2009: Ord. 9721 § 1 (part), 1997)

No person shall sit, sleep, lie down, or camp upon a public sidewalk or sidewalk curb located in or adjacent to any C-R regional commercial zone, C-S service commercial zone, C-N neighborhood commercial zone, C-MU mixed use commercial zone, D-MU mixed use downtown zone, PA professional/administrative office zone, O-C office conversion zone and BRP business research park zone.

(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

No person shall sit, sleep, lie down, or camp in the following enumerated portions of a public sidewalk, public place, or public way:

A. Within (10) ten feet of any entranceway into or exit from a building;

B. Within ten (10) feet of any building window;

C. Within four (4) feet of any drinking fountain or public telephone;

D. Within fifty (50) feet of any cash disbursal machine, outdoor vending machine, outdoor money-changing machine, or any other outdoor machine or device which disburses or accepts coins or paper currency, except parking meters and vending machines;

E. Within an alleyway used for vehicular travel or within ten (10) feet of the entrance to such an alleyway;

F. Inside or within ten (10) feet of any area designated for use as a trash enclosure;

G. On or within ten (10) feet of any bus stop.

(Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

The following are exemptions to Sections 12.52.020 and 12.52.030 and 12.52.040, these sections shall not apply in the following cases or to the following persons:

A. Persons standing or sitting on the curb or portion of any sidewalk or street while attending or viewing any parade, festival, performance or similar event permitted under the provisions of this code;

B. Any conduct which is in conformity with the terms of this code related to the issuance of special event permits;

C. Any conduct in areas open to the public that are privately owned or are publicly owned but being lease or rented for private use where such conduct is in conformity with permission granted by the owner of such premises or by the person entitled to the possession of such premises;

D. Persons sitting or lying down due to a medical emergency;

E. The use of a wheelchair or similar device to move about shall not be considered blocking or interfering with a public place or public way; and

F. Persons who place chairs or stools on public sidewalks in conjunction with permitted outdoor dining or permitted vending and or noncommercial uses permitted by the city.

(Ord. 2024-09 § 3 (part), 2024: Ord. 2019-17 § 2 (part), 2019: Ord. 9721 § 1 (part), 1997)

Any violation of this chapter shall constitute a misdemeanor. Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail. (Ord. 9803 § 1, 1998: Ord. 9721 § 1 (part), 1997)

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses and phrases of this chapter are distinct and severable and, in the event that any subsections, paragraphs, clauses and/or phrases are declared unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses or phrases of this chapter. (Ord. 9721 § 1 (part), 1997)