ORDINANCE NO. *
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CALIFORNIA, AMENDING SECTION 7.105.020
(CAMPING UNLAWFUL) AND ADDING CHAPTER 7.108
(PROTECTION OF CRITICAL INFRASTRUCTURE) OF TITLE
7 (PUBLIC SAFETY AND MORALS ) OF THE FULLERTON
MUNICIPAL CODE ESTABLISHING REGULATIONS
PROHIBITING THE PRESENCE OF PERSONS AND THEIR
PERSONAL PROPERTY IN, ON, OR NEAR CRITICAL
INFRASTRUCTURE.
WHEREAS, a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; and
WHEREAS, destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, restricting access, or other causes; and
WHEREAS, destruction of, damage to, or interference with, critical infrastructure, is often caused by persons whose activities are not permitted or authorized in, on, or near c ritical infrastructure; and
WHEREAS, the purpose of this ordinance is to mitigate the threat of potential causes of destruction and damage to and interference with, critical infrastructure and similar sensitive areas, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near those areas; and
WHEREAS, unsheltered individuals are often reliant on fires for everyday survival activities, including cooking food and keeping warm, but these activities also increase the risk of nearby brush or debris catching fire and rapidly spreading. Such individuals may miss emergency notifications and may experience challenges in safely evacuating; and
WHEREAS, testimony provided by the Fullerton Police Department reveals the occurrence of numerous incidences associated with encampments in the City. Access to other public utilities has also been obstructed by encampments on several occasions; and
WHEREAS, it is the obligation of the City to keep its public rights of way clean and available for public use, and to protect the public health, safety, and access by City residents and guests; and
WHEREAS, access to critical infrastr ucture has been obstructed by encampments on several occasions. Many times, city staff were deterred from entering critical infrastructure due to encampments discovered adjacent to the critical infrastructure; and
WHEREAS, to mitigate the foregoing risks, the City Council has determined to prohibit outdoor camping upon, under, or adjacent to certain critical infrastructure.
WHEREAS, the ordinance is an exercise of the City’s authority to protect the public health, safety, and welfare. This ordinance shall not be used to punish a person for lacking the means to live out the universal and unavoidable consequence of being human;
WHEREAS, this Ordinance is geographically limited. Possible summary abatement under the ordinance does not apply to the entirety of the City. It is limited to real property upon which the presence of unauthorized personal property poses a heightened threat to the health and safety of residents. Encampments and associated personal property of unsheltered homeless persons would not be subject to such summary abatement on the remainder of property in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. Section 7.105.020 (CAMPING UNLAWFUL) OF TITLE 7 (PUBLIC SAFETY AND MORALS) of the Fullerton Municipal Code is hereby amended as follows:
SECTION 7.105.020 (CAMPING UNLAWFUL OF CHAPTER
7.105 (TRESPASSING) AND TITLE 7 (PUBLIC SAFETY AND
MORALS)
7.105.020 – Camping Unlawful
A. It is unlawful for any person to camp in the following areas except as otherwise provided for:
1. Any public park;
2. Any public street;
3. Critical Infrastructure as defined in Chapter 7.108.
B. "Camp" means the use of an area for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or other structure for sleeping, or doing any digging or earth -breaking or carrying on cooking activities.
Such activities constitute camping when it reasonably appears, in light of all the circumstances, that the participant, in conduct ing these activities, is in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which he or she may be engaging.
SECTION 3. Chapter 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE) OF TITLE 7 (PUBLIC SAFETY AND MORALS) of the Fullerton Municipal Code is hereby added to read in its entirety as follows:
Chapter 7.108 (PROTECTION OF CRITICAL
INFRASTRUCTURE) OF TITLE 7 (PUBLIC SAFETY AND
MORALS)
7.108.010 – Findings and purpose
The City Council finds as follows: (1) a principal threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure, that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is often caused by fire, contamination, restricting access, or othe r causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter to mitigate the cau ses of destruction and damage to and interference with, critical infrastructure, in order to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
7.108.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
“Camp” has the same meaning as in Fullerton Municipal Code Section 7.105.020 B.
“Camp facilities” include, but are not limited to, tents, huts, or temporary shelter.
“Camp paraphernalia” includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
“Critical infrastructure” means real property or a facility, whether privately or publicly owned, designated by resolution of the city council as being so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption, or destruction would h ave a debilitating impact on the public health, safety, or welfare.
Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, br idges, roads, train tracks, train station, parking structures, or drainage systems; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
“Debris” means building and construction materials, garbage, refuse, wreckage, spoiled or ruined household goods, and similar materials.
“Facility” means a building, structure, equipment, system, or asset.
“Garbage” means discarded non-putrescible or putrescible household items, objects, or materials for which there is no use or reuse intended. Garbage does not include source-separated recyclables, food waste, or yard waste.
“Hazardous waste” has the same meaning as in California Public Resources Code section 40141.
“Infectious waste” has the same meaning as in California Code of Regulations, title 14, section 17225.36.
“Solid waste ” means all putrescible and non -putrescible solid, semi -solid, and liquid wastes, including garbage; ashes; industrial waste; demolition and construction waste; discarded home and industrial appliances; abandoned vehicles and vehicle parts; dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste; manure; dirt; soil, rock , gravel, sand, or other aggregate material; and other discarded solid and semisolid waste; but not including recyclables, food waste, or yard waste.
7.108.030 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1. Critical infrastructure;
2. Within 25 feet of critical infrastructure;
3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire-prevention, or emergency-medical-services agencies.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner:
1. Critical infrastructure;
2. Within 25 feet of critical infrastructure;
3. Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including but not limited to members of law-enforcement, fire- prevention, or emergency-medical-services agencies.
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than one consecutive night.
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 un lawful the activities of a property owner or other lawful user if such activities are expressly authorized by the municipal code or other laws, ordinances, and regulations.
7.108.040 Summary abatement.
A. Any violation of section 7.108.030 may be abated by the city upon 24 hours of prior notice pursuant to Fullerton Municipal Code Chapter 6.01; but a violation of section 7.108.030 may be abated immediately by the city pursuant to Section 6.01.180 without prior notice, if the violation poses an imminent threat to public health or safety.
B. Abatement pursuant to subsection A 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, 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 p roperty, 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 cost of abatement, including all administrative costs of any ac tion (including attorneys’ fees) taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Fullerton Municipal Code Section 6.01.130 and 6.01.200.
7.108.050 Interference with summary abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a city official, employee, contractor, or volunteer in their execution of an abatement pursuant to this chapter.
7.108.060 Violation—Penalty.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.10 of the Fullerton Municipal Code.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties pursuant to Chapter 1.08 of this Municipal Code.
D. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
SECTION 4. The City Council approves of the Critical Infrastructure List adopted concurrently with this Ordinance and directs The p roperties and facilities on the Critical Infrastructure List be included in the definition of critical infrastructure for Chapter 8.108 of the code. \
SECTION 5. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).)
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the passage of this Ordinance and this Ordinance shall be published as required by law and shall take effect as provided bylaw.
INTRODUCED AND FIRST READ at a Regular Meeting of the Fullerton City Council on the 19th day of December, 2023, and thereafter.
PASSED, APPROVED AND ADOPTED this ___ day of ________, 2023.
AYES:
NAYS:
ABSENT:
___________________________________
NICHOLAS DUNLAP, MAYOR
ATTEST:
___________________________________
LUCINDA WILLIAMS, CITY CLERK