Yreka Municipal Code Ch. 9.45 Camping and Storage of Property in Public Places-Prohibited

Editor's note— Ord. No. 878, § 1, adopted Aug. 20, 2024, amended chapter 9.45 in its entirety to read as herein set out. Former chapter 9.45, §§ 9.45.010—9.45.060, pertained to the protection of schoolchildren, bus stops, critical infrastructure and wildlife risk areas, and derived from Ord. No. 873, § 2, adopted July 19, 2022.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Camping" means to occupy or prepare to occupy as exemplified by sleeping or making preparations to sleep, storing personal belongings (including, but not limited to, clothing, sleeping bags, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials), or igniting fires for food or beverage preparation or for warming. Camping may involve the use of a any trailer, mobilehome, camper or other vehicle equipped for human habitation; the erection of any tent or other shelter; or the arrangement of sleeping bags, bedding, bed rolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials for the purpose of or which will permit remaining overnight.

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

(Ord. No. 878, § 1, 8-20-2024)

(a) No person shall camp, sit, lie, sleep or store their belongings in or upon any public place in the city, including but not limited to any street/highway, green belt, median island, alley, sidewalk, crosswalk or other public place.

(b) The provisions of this section do not prohibit a person from sitting upon a public street/highway, green belt, median island, alley, sidewalk, crosswalk, or other public place if:

(1) Such person is lawfully using a recreational area during posted ours of operation, or if no hours are posted between dawn and sunset;

(2) Such person is viewing a legally conducted parade or similar permitted temporary event; or

(3) Such person is seated for less than one hour on a bench lawfully installed for such purpose.

(c) Nothing in this chapter shall be construed as to prohibit camping in public campgrounds or other facility under a permit authorized by other provisions of law or ordinance.

(d) Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Code or other laws, ordinances, and regulations.

(Ord. No. 878, § 1, 8-20-2024)

It is unlawful to build any fire or burn any combustible material within any public place withing the city except on private property or as allowed pursuant to Section 9.50.030 in fireplaces or barbecues constructed and maintained for such use by the city within recreation areas. Nothing in this section shall prohibit the use of a barbecue or similar type of cooking device when used or maintained in such a manner as not to injure or destroy vegetation or constitute a fire hazard, when done consistent with the California Fire Code.

(Ord. No. 878, § 1, 8-20-2024)

(a) In addition to any other lawful authority, any violation of Section 9.45.020 may be abated by the city or any law enforcement officer consistent with policies for the removal of encampments adopted by the city council. Any violation of Section 9.45.020 may be abated immediately by the city or any law enforcement officer without prior notice if the violation poses an imminent threat to public health or safety.

(b) Abatement pursuant to subsection 9.45.040(a) of this section may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk or debris; and securing the perimeter of the property with fencing, gates, notification tape, or barricades to prevent further occurrences of the nuisance activity.

(c) Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with local, state, and federal law; and is liable for violations thereof.

(d) The abatement authority provided in this chapter shall be cumulative and in addition to any other procedures provided by the laws of the city or the state for the abatement of any of the conditions described in this chapter, and abatement pursuant to the provisions of this chapter shall not prejudice or affect any other action, civil or criminal, for the abatement of any such condition.

(Ord. No. 878, § 1, 8-20-2024)

(a) A violation of any provision of this chapter shall be an infraction; provided, however, for the second or any additional violation, within any one-year period, may be treated as misdemeanor. The maximum fine for the first violation is: Fifty dollars for the first offense; two hundred dollars for the second offense within one year and each subsequent offense within one year shall be five hundred dollars, and imprisonment not exceeding six months, or by both such fine and imprisonment. The prosecuting attorney may treat any third offense occurring within one year as a misdemeanor.

(b) Nothing in this chapter shall be construed to prevent a person from being prosecuted, convicted, or sentenced for a violation of any lesser or related city, state, or federal statutes which might impose different penalties.

(Ord. No. 878, § 1, 8-20-2024)

(a) Any fine issued under Section 9.45.050 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

(b) If the requestor is receiving public benefits under Government Code § 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the requestor's administrative fine shall be waived and the violator shall instead be subject to:

(1) Completing community service in lieu of paying the total administrative fine; or

(2) Offered an alternative disposition.

Fine waiver and alternative disposition shall not be applicable to violators who have access to adequate temporary shelter but choose not to use it.

(Ord. No. 878, § 1, 8-20-2024)