Winters Municipal Code Ch. 9.24 Encampments Within the City Limits

For purposes of this chapter, the following definitions shall apply.

"Camp paraphernalia"

includes, but is not limited to, tarpaulins, cots, beds, hammocks or non-City designated cooking facilities, including but not limited to fueled cooking equipment, flammable gas canisters, combustible liquid containers, or similar items.

"Camp" or "camping"

means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.

"City property"

means all real property owned or leased by the City or any agency or department thereof, irrespective of whether such real property is located within an incorporated area.

"Encampment"

means a tent or any similar temporary structure consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied to a structure or bush to create an enclosed area. Encampment includes any camp paraphernalia.

"Enforcing employee"

means the employee of the City authorized to enforce this chapter.

"Housing"

means placement in a shelter or another housing option provided by the City or Yolo County.

"Personal property"

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

"Shelter"

means temporary shelter or another shelter option.

(Ord. 2024-02, 4/2/2024)

A. Camping on City Property Prohibited at All Times. It shall be unlawful at all times of the day for any person to camp or to place an encampment on any City property, including, but not limited to:

1. Inside any public building, inside any fully-fenced area attached to a public building, or within 25 feet of any entrance or exit to a public building;

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

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

4. City creeks and creek embankments within City limits;

5. Within 100 feet of critical infrastructure, including water wells, storm drain basins, and bridges;

6. Within a Very High Fire Severity Zone, as established in accordance with California Government Code §§ 51178 and 51179;

7. Within any public park, except as authorized under Chapter 12.12 of this Code;

8. Within any public highway, road, or street; and

9. 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.

B. Camping on Private Property. It shall be unlawful for any person to camp or to place an encampment on any private property without first obtaining the written permission of the owner or other person(s) in lawful possession of the property.

(Ord. 2024-02, 4/2/2024; Ord. 2024-08, 9/3/2024)

Repealed by Ord. 2024-08, 9/3/2024.

(Ord. 2024-02, 4/2/2024)

The prohibitions of Section 9.24.020 may be enforced by: (1) the Winters Police Department; or (2) the City's Code Enforcement Division. The City Manager, or a department designated by the City Manager, may issue regulations or guidelines necessary or appropriate to aid in the enforcement and implementation of this chapter and may create any additional procedures consistent with this chapter necessary or appropriate to protect the property rights of individuals whose property is taken into custody pursuant to this chapter.

(Ord. 2024-02, 4/2/2024)

The enforcing employee shall provide occupants of an encampment notice of intent to remove the encampment at least 24 hours in advance of any action to remove the encampment. Notice shall be in writing and shall be served personally on the occupant(s) of the encampment present when the enforcing employee attempts to serve notice. In addition, the enforcing employee shall post the notice on or near the encampment, so as reasonably to communicate the notice to persons living at the encampment but not present during the attempt to serve notice. The notice shall contain the following information:

A. The location of the encampment;

B. The date and time notice was served or posted;

C. A statement that the encampment violates this chapter;

D. An advisement that the City will remove the encampment 24 hours after the date and time of the notice;

E. Information about any housing or shelter and homeless services available for occupants of the encampment and the phone number and address to contact in order to obtain the housing or shelter or other health and human services;

F. An advisement that any personal property remaining at the encampment site when the enforcing employee returns to remove the encampment will be impounded for no fewer than 90 days and will be discarded thereafter if not claimed; and

G. The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved and that the City will charge no fee for storage or retrieval.

(Ord. 2024-02, 4/2/2024)

A person occupying an encampment who is present at the time the enforcing employee is removing the encampment may retain his or her personal property except that items constituting an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband may be seized, as permitted by law. Any personal property seized shall be stored for no less than 90 days, with the following exceptions:

A. Items that present a health or safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and food, need not be stored and may be discarded; and

B. Items that constitute evidence of a crime or contraband may be seized and discarded, as permitted by law.

(Ord. 2024-02, 4/2/2024)

Nothing in this chapter shall be construed to limit the City's authority to enforce any other federal, state, or local law.

(Ord. 2024-02, 4/2/2024)