Windsor Municipal Code Art. 21 Camping Regulations on Public Property

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. 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)

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

1. 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;

2. Within fifty (50) feet of any house or other permanent structure used as a residence;

3. Within one hundred (100) feet of the property line of any property used as a school, preschool, playground, daycare, or other licensed childcare facility;

4. 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;

5. Within a Very High Fire Severity Zone;

6. Within any public park;

7. Within any public highway, road, or street;

8. 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

9. 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 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)

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)

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)

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)

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 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)