Article 21 — Windsor Zoning Code

Camping Regulations on Public Property

3-10-2100 Definitions. ¶

For the purpose of this article, the following definitions shall apply:

a. Camping shall mean the conduct of more than one (1) of the following activities on public or private property, when it reasonably appears, in light of all the circumstances, that a person is using space on public or private property as a place of residence or living accommodation:
1. Sleeping or making preparations to sleep (including the laying down of bedding for the purpose of sleeping);
2. The erection of any tent, structure, or other form of shelter;

3-40.1

(Supp. No. 49)

3-10-2110

TOWN OF WINDSOR CODE

  3. The preparation or cooking of a meal; 

  4. Unattended storage of personal belongings (including, but not limited to, clothing, sleeping bags, bedrolls).

b. Public property. For the purposes of this article, the term "public property" means any property normally open to the general public that is owned by any public entity, including the Town of Windsor and the County of Sonoma. "Public property" does not include:
1. Property owned by a "public agency" as defined by Government Code Section 53050;
2. Property for which a permit must be acquired for members of the public to use it;
3. Property with restricted access, including property which is locked, fenced, or posted as "No Trespassing;" or
4. Property which is subject to a leasehold or other possessory interest of a person or entity other than the public entity. Property excluded from the definition of "public property" under this subsection shall be treated as private property.
c. Regulatory floodway as defined and depicted on the current FEMA National Flood Hazard Maps for Sonoma County.
d. Very High Fire Severity Zone as established in accordance with California Government Code Sections 51178 and 51179.
(Ord. No. 2023-382, § 3, 11-15-2023)

3-10-2110 Camping on Public Property Prohibited at All Times. ¶

a. It shall be unlawful at all times of the day for any person or persons to camp in all type of public property listed herein, except in a des-

ignated public campground or by authority of a written permit issued by the Town on any public property:

Inside any public building, inside any fully fenced area attached to a public building, or within twenty-five (25) feet of any entrance or exit to a public building;
Within fifty (50) feet of any house or other permanent structure used as a residence;
Within one hundred (100) feet of the property line of any property used as a school, preschool, playground, daycare, or other licensed childcare facility;
Within one hundred fifty (150) feet of the high-water mark of the waters of the State as defined by subdivision (e) of California Water Code Section 13050, or within a Regulatory Floodway, whichever is greater;
Within a Very High Fire Severity Zone;
Within any public park;
Within any public highway, road, or street;
Within any public sidewalk, easement, or right-of-way, where the presence of the person or their property thereon hinders or obstructs the free passage, access, or movement of any persons, bicycles, or vehicles travelling or attempting to pass along the same right-of-way; and
Within twenty-five (25) feet of a facility that provides shelter, safe sleeping, or safe parking to homeless persons, or that serves as a homeless services navigation center.

b. In order for a violation of subsection (a)(4) or (a)(5) to occur, an individual first must be requested by a peace officer to move along from the area unless the individual has been provided a prior warning or written notice of

(Supp. No. 49)

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3-10-2150

the prohibition on camping at that location or if there is signage posted in the area warning of the prohibition on public camping.

(Ord. No. 2023-382, § 3, 11-15-2023)

more than five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 2023-382, § 3, 11-15-2023)

3-10-2120 Camping on Public Property Prohibited at Certain Times. ¶

As to any public property not specifically identified in subsection 3-10-2110(a) above, it shall be unlawful for any person or persons to camp in or on any public property daily between the hours of 7:00 a.m. and 9:00 p.m.

(Ord. No. 2023-382, § 3, 11-15-2023)

3-10-2130 Camping on Private Property Prohibited Absent Owner Permission. ¶

It shall be unlawful for any person or persons to camp on any private property without first obtaining the written permission of the owner or other person(s) in lawful possession of the property. (Ord. No. 2023-382, § 3, 11-15-2023)

3-10-2140 Exceptions. ¶

Notwithstanding the prohibition against camping on public or private property, it is not the intent of this article to prohibit persons, when necessary for their safety or the safety of others, to pull off the public road and sleep, whether inside or outside their vehicles. In addition, this article shall not prohibit camping by authority of a written permit issued by the Town, or as specifically authorized by any other ordinance, law, or regulation.

(Ord. No. 2023-382, § 3, 11-15-2023)

3-10-2150 Penalty for Violation. ¶

Any person who violates this section is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than one hundred dollars ($100.00) nor

3-40.3

(Supp. No. 49)

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PUBLIC WELFARE

3-22-170

shall be heard by the Town Manager or by an Administrative Hearing Officer designated by or at the request of the Town Manager, upon not less than fifteen (15) days written notice to the appellant. The Town Council may establish by resolution a fee to cover the reasonable costs related to the appeal hearing. The Town Manager or the designated Administrative Hearing Officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the Town Manager or the designated Administrative Hearing Officer shall issue a written decision affirming, denying or modifying the decision from the appeal, supported by factual findings and determinations referenced by supporting evidence. The decision of the Town Manager or designated Administrative Hearing Officer shall be final. The written decision shall be served on the appellant as provided in the California Code of Civil Procedure Section 1094.6(b), with a copy submitted to the Town Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in the California Code of Civil Procedure Section 1094.6. (Ord. No. 2007-219 § 1 (part))

b. Trainers of any amateur, semiprofessional, or professional athlete or athletic team;
c. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their license;
d. Individuals in the Town temporarily for educational events or disaster relief;
e. Individuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational or educational events;
f. Somatic practitioners who use no physical touch of any kind at any time in their practice.
(Ord. No. 2007-219 § 1 (part))

3-22-170 Violation and Penalties. ¶

Any violation of this chapter may be enforced by any remedy available to the Town under this Code or as provided by State law.

(Ord. No. 2007-219 § 1 (part); Ord. No. 2010-264, § 1, 7-21-2010)

3-22-165 Exemptions. ¶

This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:

a. Physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses, or to any other person licensed to practice any healing art under provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license;

3-107

(Supp. No. 54)

3-23-100

TOWN OF WINDSOR CODE

Camping Regulations on Public Property

3-10-2100 Definitions. ¶

3-10-2110 Camping on Public Property Prohibited at All Times. ¶

3-10-2120 Camping on Public Property Prohibited at Certain Times. ¶

3-10-2130 Camping on Private Property Prohibited Absent Owner Permission. ¶

3-10-2140 Exceptions. ¶

3-10-2150 Penalty for Violation. ¶

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