Wildomar Municipal Code Ch. 9.52 Prohibition Against Certain Conduct on Public Property and Property Open…

The public areas within the City, including streets, sidewalks, parks, public buildings and public lands, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The City's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities, including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts and other personal property around the City results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the City, in a clean, sanitary and accessible condition. A further purpose of this chapter is to protect the health, safety and welfare of the community, while recognizing that, subject to reasonable conditions, camping and camping facilities associated with certain events can be beneficial to the cultural and educational well-being of the City. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property.

(Ord. 155 § 1, 2018)

As used in this chapter, the following terms shall have the following meanings:

"Administrative procedure"

means the City's administrative procedure for the removal of personal property approved by the City Manager as established pursuant to Section 9.52.220

"Business establishments"

means retail stores, food markets, theaters, restaurants, drive-in restaurants, gasoline service stations, bars, hotels, motels, or any other establishment which is open to and provides the public with any goods or services.

"Camp"

means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.

"Camp facilities"

means all temporary shelters, including, but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters.

"Camp paraphernalia"

means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment.

"Coercion"

means:

To approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with either imminent bodily injury or the commission of a criminal act upon the person or another person or upon property in the person's immediate possession;

To persist in a solicitation after the person solicited has given a negative response;

To block, either individually or as part of a group of persons, the passage of a solicited person;

To engage in conduct that would reasonably be construed as intended to compel or force a solicited person to accede to demands;

To use violent or threatening gestures toward a person;

Willfully providing or delivering, or attempting to provide or deliver, unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or

To use profane, offensive, or abusive language, which is inherently likely to provoke an immediate violent reaction.

"Commercial parking area"

means privately owned property which is designed or used primarily for the parking of vehicles and which adjoined one or more commercial establishments.

"Commercial solicitation"

means the:

Selling, peddling, or the soliciting, canvassing or taking orders for goods, wares, newspapers, magazines, books, merchandise, services, including real estate, or any other exchanges of value;

Conducting a survey or poll;

Distribution of advertising material or samples where the person distributing the material or samples enters the property off another or makes or attempts to make contact or discuss the material or samples with the person to receive it.

"Dwelling"

means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: (1) Possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, tarps, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, containers of bodily fluids; or (2) obscuring some or all of the vehicle's windows; or preparing or cooking meals inside or on a vehicle; or sleeping inside a vehicle.

"Establish"

means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.

"Hazardous substances"

means any substance or material which is toxic, corrosive, flammable, an irritant, or a strong sensitizer which generates pressure through decomposition, heat or other means, if such a substance or material may cause substantial injury, serious illness or harm to people, the environment or wildlife, during, or as a proximate result of, any leakage or dispersal of such substances or materials.

"Linger on a median"

means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for pedestrians.

"Loiter on a median"

means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians.

"Maintain"

means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities.

"Notice to remove personal property"

means the form of notice provided in the administrative procedure.

"Operate"

means to participate or assist in establishing or maintaining a camp or camp facility.

"Person"

means any individual, group, business, company, corporation, joint venture, partnership or other entity or association composed of two or more individuals.

"Personal property"

means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, and personal items such as luggage, backpacks, clothing, documents, medication, and household items.

"Private property"

means all private property including, but not limited to, private streets, sidewalks, alleys, and improved or unimproved land.

"Public property"

means any real or personal property owned or controlled by the City and includes, but is not limited to, any publicly-owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the City and located within the City of Wildomar and such other publicly owned property for which the City is authorized by contract or permit to maintain.

"Solicit" and "solicitation"

means the request, directly or indirectly, for any contribution used for a charitable purpose or commercial solicitation as defined in this section, conducted door to door, in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks, or in any public place. A "solicitation" shall be complete when the request is made, whether or not the person making the request receives any contribution.

"Street"

means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co-routes and cul-de-sacs.

"Store," "stored," "storage" or "storing"

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

"Tent"

means any tent, as that term is generally understood, and also includes any tarpaulin, cover, structure or shelter, made of any material which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarpaulins, cover, structure or shelter.

(Ord. 155 § 1, 2018)

It is unlawful for a person to solicit by coercion.

(Ord. 155 § 1, 2018)

A. Solicitation Near Designated Locations and Facilities.

1. A person may not solicit another person within 15 feet of:

a. Financial Institutions and Automated Teller Machines (ATMs). No person shall solicit within 15 feet of any entrance or exit of any financial institution during its business hours or within 15 feet of any automated teller machine during the time it is available for customers' use. When an automated teller machine is located within an automated teller machine facility, such distances shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit within an automated teller machine facility where a reasonable person would or should know that he or she does not have permission to do so from the owner or other person lawfully in possession of such facility.

b. Parking Lots. No person shall solicit in any public parking lot or structure.

c. Public Transportation Vehicles and Stops. No person shall solicit in any public transportation vehicle or within 50 feet of any designated or posted public transportation vehicle stop.

d. Gasoline Stations and Fuel Pumps. No person shall solicit from an operator or occupant of a motor vehicle when such vehicle is stopped in a gasoline station or at a fuel pump.

e. Driveways Accessing Shopping Center, Retail and Business Establishments. No person shall solicit from an operator or occupant traveling in a motor vehicle while such vehicle is located within 15 feet of a driveway providing vehicular access to a shopping center, retail or business establishment.

f. Dining Establishments. No person shall solicit in any outdoor dining areas of any restaurant or other dining establishment serving food for immediate consumption.

g. No person shall solicit in any restroom open to the public.

h. Exterior Public Pay Telephone. No person shall solicit at any coin or credit card reader telephone that is:

i. Installed or located anywhere on a premises except exclusively in the interior of a building located on the premises; and

ii. Accessible and available for any use by members of the general public.

i. Self-Service Car Washes. No person shall solicit at a self-service car wash from which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money in a coin operated machine and is accessible and available to use by members of the general public.

j. Parked Vehicle. Any parked vehicle as occupants of such vehicle enters or exits such vehicle.

2. It is unlawful for a person to solicit another person after sunset or before sunrise.

B. For purposes of subsection A of this section, measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at which a solicitation is being conducted to whichever is applicable of the following:

1. The nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the automated teller machine;

2. The nearest entrance or exit of a building;

3. The nearest part of an exterior public pay telephone;

4. The nearest part of the structure of a self-service car wash;

5. The nearest part of a self-service fuel pump;

6. The nearest point of any sign or marking designating an area as a public transportation stop; or

7. Any door of a parked vehicle that is being used by an occupant of such vehicle to enter or exit such vehicle.

(Ord. 155 § 1, 2018)

A. Personal use of private residential property for camping may only be by the property owner or by others with the owner's written consent and without any form of compensation.

B. Such use shall not exceed seven consecutive days in duration, except during the period between Memorial Day and Labor Day when such use shall not exceed 14 consecutive days in duration.

C. Camping may not occur more than four times per calendar year.

D. A minimum of 14 days is required between each camping period.

E. The prohibition set forth in this section does not apply to:

1. Mobilehome parks and special occupancy parks operating in accordance with the Wildomar Municipal Code;

2. Camping on public or private property pursuant to a permit issued under Section 9.52.060; and

3. Day use for lawful activities on public property pursuant to a permit issued under Section 9.52.060.

F. In addition to any other applicable requirements of the Wildomar Municipal Code, camping pursuant to this section shall comply with all of the following operational requirements pertaining to camping:

1. Portable restrooms with toilet facilities must be provided and accessible to campers on the private property and must comply with the California Plumbing Code. Restrooms at City-owned parks do not qualify for use by campers on private property.

2. Trash receptacles sufficient for the number of campers must be provided.

3. The private property where camping occurs must be kept in a clean and sanitary manner.

4. Trash and debris must be removed when camping ceases and must be disposed of in trash receptacles.

5. Any outdoor storage of camping paraphernalia shall not be permitted when not in use by campers.

6. Within the jurisdiction of the City, no permanent structures shall be permitted in the floodplain, including, but not limited to, fencing.

7. Any use or placement of electrical cords shall be above the floodplain, if applicable.

8. All parking shall be on paved surfaces only and above the floodplain.

G. Notwithstanding any other provision of this chapter, camping shall not be permitted where such use violates any provision of this Code, adopted codes or state law.

(Ord. 155 § 1, 2018)

A. The City Manager may promulgate regulations to establish a program pursuant to which a permit may be issued to establish, maintain and operate a camp or a camp facility, for overnight or day use, in connection with a special event. A special event is intended to include, but is not limited to, programs operated by departments of the City, events organized by nonprofit or community-based organizations, organized youth or school events, and sporting events. The regulations shall be published on the City's website. Regulations promulgated by the City Manager shall have the same force and effect of law and become effective upon date of publication.

B. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless a permit pursuant to this section has been issued. The permit shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located.

(Ord. 155 § 1, 2018)

A. No person or persons shall stand, sit, linger, idle, or loiter on any public property, or in or about the entrance or exit of any business establishment, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons through such public property, or obstruct or hinder persons entering and exiting from any business establishment, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or City employee.

(Ord. 155 § 1, 2018)

No person shall walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, fire hydrant, street-tree planter, utility cabinet, railing, fence, planter, or upon any other public property not designed or customarily used for such purposes.

(Ord. 155 § 1, 2018)

No person shall urinate or defecate on private property in any area exposed to the public view, or on any public property owned, controlled and/or operated by the City, County or any public agency, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation.

(Ord. 155 § 1, 2018)

A. It is unlawful for any person, while standing in any portion of the public right-of-way, including, but not limited to, public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including, but not limited to, public streets, highway, or driveway.

B. It is unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit employment, business, or contributions of money or other property from a person who is within the public right-of-way, including, but not limited to, a public street, highway or driveway.

C. No person shall solicit, or attempt to solicit, employment, business or contributions of money or other contributions of money or other property from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such solicitations. This section shall not apply to solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

D. This section shall only apply to commercial parking areas where the following occurs:

1. The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public and does not interfere with normal business operations of the commercial premises;

2. A copy of said policy is submitted to the City Manager to be maintained in City files; and

3. The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than 18 by 24 inches in size with lettering not less than one inch in height and not to exceed, in total area, six square feet. The notice shall be in substantially the following form:

It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner.

(Ord. 155 § 1, 2018)

A. Persons and groups who wish to routinely distribute free meals and other food to needy people in the City are encouraged to participate in programs which provide meals indoors in conjunction with other services intended to help needy people find housing and jobs.

B. Any person or group that serves or distributes food to the public on public property shall comply with the following regulations:

1. All applicable State and Riverside County health and safety standards regulating food service and distribution, including, but not limited to, the requirements of obtaining and displaying a valid permit from the Riverside County Department of Environmental Services, or its successor agency, for distributing food at a location approved by the City;

2. All applicable requirements of the Wildomar Municipal Code regarding the issuance of a vending permit, temporary use permit, or event permit; and

3. All applicable requirements of the Wildomar Municipal Code regarding protection of park facilities and foliage and clean-up of parks and public areas.

C. No person shall distribute or serve food to the public on a public street or sidewalk without issuance of a City vending permit, temporary use permit, or event permit. However, no permit or license shall be required for a noncommercial food distribution that does not hinder or interfere with the free use of the sidewalk or street by pedestrian or vehicular traffic.

(Ord. 155 § 1, 2018)

A. No person shall use a parked vehicle as a dwelling, as follows:

1. Between the hours of 9:00 p.m. and 6:00 a.m. on any street or public property in the City; or

2. At any time within a 500-foot radius of any edge of a parcel or group of parcels containing a park or public or private school for children in grades between kindergarten and 12th grade or a licensed pre-school or daycare facility.

B. Nothing herein precludes the enforcement of any other laws such as parking restrictions, including, but not limited to, prohibitions on overnight parking, storage of vehicles, littering, illegal discharge or dumping of materials, and parking for more than 72 hours.

C. The City Manager may, in writing, suspend the enforcement of all or a portion of this section in designated locations in connection with special events or holidays.

(Ord. 155 § 1, 2018)

A. No person shall linger on a median.

B. No person shall loiter on a median.

C. No person shall solicit upon or from any median.

(Ord. 155 § 1, 2018)

Except as may otherwise be expressly permitted by the Wildomar Municipal Code, no person shall store any personal property on public property.

(Ord. 155 § 1, 2018)

In the event personal property placed on public property poses an immediate threat to the health or safety of the public, including, without limitation, a threat arising from the personal property containing biological materials, hazardous substances, or hazardous waste, the City may remove and discard it without prior notice.

(Ord. 155 § 1, 2018)

In the event City employees or agents determine that property is being stored on public property, notice of the City's removal of personal property shall be provided as set forth in the administrative procedure.

(Ord. 155 § 1, 2018)

No person shall fail to remove personal property stored on public property by the date of scheduled removal provided on the written notice posted in accordance with the administrative procedure.

(Ord. 155 § 1, 2018)

Personal property which is not removed by the date of scheduled removal set forth on the notice posted pursuant to this chapter may be removed and stored or disposed of in accordance with the administrative procedure.

(Ord. 155 § 1, 2018)

As set forth in the administrative procedure, the owner or other person entitled to possession of personal property removed and stored by the City may repossess the personal property prior to its disposal. Personal property not claimed within the time period set forth in the administrative procedure is deemed abandoned.

(Ord. 155 § 1, 2018)

A. It is unlawful to dump, or cause to be or dumped, waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. Waste matter includes, but is not limited to, TVs, computers, furniture, and tires.

B. It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property.

C. Each day that waste placed, deposited, or dumped in violation of subsection A or B of this section constitutes a separate violation.

D. This section does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a City code enforcement officer, the Riverside County health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection.

E. Administrative Penalties for Violations.

1. First Violation. A first violation within a 12-month period shall be subject to an administrative penalty of $1,000.00.

2. Second Violation. A second violation within a 12-month period shall be subject to an administrative penalty of $1,500.00.

3. Third or Subsequent Violation. A third or subsequent violation within a 12-month period shall be subject to an administrative penalty of $3,000.00.

F. Administrative Penalties for Commercial Quantities. A person who unlawfully dumps commercial quantities, as defined under California Penal Code Section 374.3, shall be subject to the following administrative penalties:

1. First Violation. A first violation within a 12-month period shall be subject to an administrative penalty of $3,000.00.

2. Second Violation. A second violation within a 12-month period shall be subject to an administrative penalty of $6,000.00.

3. Third or Subsequent Violation. A third or subsequent violation within a 12-month period shall be subject to an administrative penalty of $10,000.00.

(Ord. 155 § 1, 2018; Ord. 239, 3/13/2024)

This chapter is not intended to violate and shall not be applied or enforced in a manner that violates the United States or California Constitutions and applicable state or federal statutes.

(Ord. 155 § 1, 2018)

The City Manager is hereby authorized and directed to establish the administrative procedure for the removal of personal property ("administrative procedure"). The administrative procedure shall provide the procedures necessary to implement the requirements of this chapter. The City Manager shall post the administrative procedure on the City's website. The City Manager is authorized to delegate to other City officials the duty and authority to implement the administrative procedure.

(Ord. 155 § 1, 2018)

A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.16 of this Code.

B. Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Wildomar Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.16 of this Code.

C. Other Remedies. Nothing in this chapter shall limit or preclude the application of any other applicable laws or remedies available for violations of this chapter.

(Ord. 155 § 1, 2018)