ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, AMENDING FULLERTON MUNICIPAL CODE TITLE 7 (PUBLIC SAFETY AND MORALS) SECTION 7.105.020 (CAMPING UNLAWFUL) AND ADDING CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE) 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 includes the potential destruction of, damage to or interference with infrastructure critical to provision of public services such as law enforcement, fire prevention, transportation and utilities including communication, water and waste disposal.
WHEREAS, fire, contamination, restricting access or other causes can destroy, damage or interfere with critical infrastructure.
WHEREAS, persons conducting activities unpermitted and/or unauthorized in, on or near critical infrastructure can destroy, damage or interfere with critical infrastructure.
WHEREAS, this ordinance mitigates the threat of destruction, damage to and interference with critical infrastructure and similar sensitive areas, to protect the health, safety and welfare of the public, authorizing the removal of persons and their personal property in, on or near those areas.
WHEREAS, unsheltered individuals often rely on fires for everyday survival activities, including cooking and warmth but these activities 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.
WHEREAS, Fullerton Police Department testimony reveals the occurrence of numerous incidences associated with encampments in the City. Encampments have obstructed access to other public utilities on several occasions.
WHEREAS, City has an obligation to keep public rights of way clean and available for public use and to protect the public health, safety and access for City residents and guests.
WHEREAS, Encampments have obstructed access to critical infrastructure on several occasions. Encampments discovered adjacent to critical infrastructure have deterred city staff from entering the area many times.
WHEREAS, City Council has determined to prohibit outdoor camping upon, under or adjacent to certain critical infrastructure to mitigate the foregoing risks.
WHEREAS, this ordinance exercises City authority to protect the public health, safety and welfare. The City shall not use this ordinance punish a person for lacking the means to live out the universal and unavoidable consequence of being human.
WHEREAS, possible summary abatement under the ordinance does not apply to the entirety of the City. This Ordinance has geographic limitations, limited to real property where 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 ORDAINS AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated herein.
SECTION 2. City Council amends Fullerton Municipal Code Title 7 Section 7.105.020 as follows:
7.105.020 – Camping Unlawful
It is unlawful for any person to camp in the following areas except as otherwise provided:
Any public park
Any public street
Critical Infrastructure as defined in Chapter 7.108.
B. "Camp" means the use of an area for living accommodation purposes such as sleeping activities, preparations to sleep (including laying down bedding for the purpose of sleeping), storing personal belongings, making any fire, using any tents or other structure for sleeping, doing any digging or earth-breaking or carrying on cooking activities. Such activities constitute camping when it reasonably appears, in all the circumstances, that the participant, in conducting these activities, is 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 engage.
SECTION 3. City Council adds the following Fullerton Municipal Code Title 7 Chapter 7.108:
TITLE 7 (PUBLIC SAFETY AND MORALS), CHAPTER 7.108 (PROTECTION OF CRITICAL INFRASTRUCTURE)
7.108.010 – Findings and purpose
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 critical to 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 often caused by fire, contamination, restricting access or other causes and (3) destruction of, damage to or interference with critical infrastructure often caused by persons conducting unpermitted and/or authorized activities in, on or near critical infrastructure.
This chapter mitigates destruction and damage to, and interference with, critical infrastructure 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 city council resolution as so vital and integral to the operation or functioning of the city that its damage, incapacity, disruption or destruction would have 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, bridges, 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 with 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 not considered hazardous waste, manure, dirt, soil, rock, gravel, sand or other aggregate material and other discarded solid and semisolid waste not including recyclables, food waste or yard waste.
7.108.030 Prohibited activities.
It is unlawful and a public nuisance for any person to camp, occupy camp facilities or use camp paraphernalia at the following locations:
Critical infrastructure
Within 25 feet of critical infrastructure
Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure On those portions of a right-of-way required by local, state or federal law to remain free of obstruction to first responders including, but not limited to, members of law-enforcement, fire-prevention or emergency-medical-services agencies.
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:
Critical infrastructure
Within 25 feet of critical infrastructure
Within 25 feet of a vehicular or pedestrian entrance or exit of critical infrastructure On those portions of a right-of-way required by local, state or federal law to remain free of obstruction to first responders including, but not limited to, members of law-enforcement, fire-prevention or emergency-medical-services agencies.
City Council does not intend 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.
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 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 the Municipal Code or other laws, ordinances and/or regulations expressly authorized such activities.
7.108.040 Summary abatement.
The City may abate any violation of Section 7.108.030 upon 24 hours prior notice pursuant to Fullerton Municipal Code Chapter 6.01 but the City may abate a violation of Section 7.108.030 immediately pursuant to Section 6.01.180 without prior notice, if the violation poses an imminent threat to public health or safety.
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.
Regardless of City 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 must maintain the property in compliance with local, state and federal law and is liable for violations thereof.
The City may assess the cost of abatement, including all administrative costs of any action (including attorney fees) taken hereunder, 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.
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 Fullerton Municipal Code Chapter 1.10.
City Council declares violations of this chapter a public nuisance.
Any person who violates a provision of this chapter is liable for civil penalties pursuant to Municipal Code Chapter 1.08.
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. City Council approves the Critical Infrastructure List adopted concurrently with this Ordinance and directs including the properties and facilities on the Critical Infrastructure List in the definition of critical infrastructure for Fullerton Municipal Code Chapter 8.108 .
SECTION 5. This Ordinance is exempt from California Environmental Quality Act (“CEQA”) requirements 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 California Code of Regulations Section 15061(b)(3).) SECTION 6. If any court of competent jurisdiction holds any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. 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 and published as required by law and shall take effect as provided by law.
ADOPTED BY THE FULLERTON CITY COUNCIL ON JANUARY 16, 2024. __________________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________________
Lucinda Williams, MMC
City Clerk