"Camp ~ ~~~~!!1.P!!1_gJl)_~~~~_placif!g,_~~J~!!1_g.l:IP.,.9.~~tiJj?.i!!g_~~J!lP.i.f!g.~.q!l.i.J?l:1)~r_I!:.G.~1:1:iP.i.f!g _::···· ~D_e_l_et_e_d_: ,_"~~~- -----~-----( does not include use of umbrellas or sunshades at a park during the time a park is open to the ·--- Deleted:," or "camp facilities" public. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participan t...~~I_l~l:l~.t.i~g_ !h~~~-!1.~!i_~Hi_~~.j§__i_I_l.f!1.~L~~j~g_ !~.~ ."!~'?~ ."!~ .~. ~!~~.P!!l.g or __ . --· - living accommodation regardless of the intent of the participan ~or.the nature of any other activities _···--. in which they may also be engaging. •··········································································-::-·-. "Camping equipment t ~•cam~ing _paraphemaliat or "cam facilities" means tents, tarpaulins, lean-tos, huts, structures made of cardboar~ :9!: ~.i~i_l.<!~ :i~~~~~M1 .t~l:1:iQ9!~ry: ~ht?j!~!~: >-. (whether commercially produced or improvised from random materials), as well as cooking ·-., ·•,, facilities, hammocks, ground cover, mattresses , bedding, sleeping bags, cots, buckets • .fumiture ,."2_r _ ··•,.' similar ,items !1.~t?~ (~r li~i_i:ig .i.f! .t~~. ~1:1~~<?~~~: ................................. ___ ..... _. _ .. ____ .. _ ....... ___ --<\:-- "City parks" or "parks" means publicly . owne~ naturalistic and/or recreation areas in urban . \_'· environments. These areas are open to the public to offer recreation and/or green space to residents \:,, ' and visitors of the city. \<
"Park amenities" means any man-made structure or improvement , monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, Deleted: s
Deleted: are
Deleted: ts
Deleted: "Camping" shall not include merely sitting, lying, or sleeping outside in a park/recreation area or the use of a blanket, sleeping bag, towel or mat in a park/recreation area during the time the park is open to the public.
Deleted: or
Deleted: boxes
Deleted: or
Deleted: other
Deleted: equipment
Deleted: a
Deleted:,
playground, splash pad, building, landscaping, natural vegetation, lighting system, sprinkler syste1!1~ .~~!!<_ing. -~~ .~-*i_(!g .t_T_<!Hs, . .l?~~h~. <?!. ~c!!~!Y.c!Y.s_,_ ~ .<!!~r~~y~. and other man-made or natural -<. -· { Deleted: and amenities found ma park. ··· {: D: e:le: t:e:d:: a=n=d= ==== ===== =====:::::::::::::
"Parks ," "Park and recreation facilities" and "park/recreation areas" means all parks and their associated open spaces, trails, park amenities, buildings, and recreation facilities p ffered to _ .... --{~D_e_l_et_e_d_: u_s_ed_ b_y ____ ____ ____ ~ the public within the boundaries of the city, and which are owned, operated . and/or maintained by the city.
"Park personnel" means those people employed by the city .who are responsible . for .the _ ... ---{ Deleted: and maintenance, operation, protection, or management of any city park or facility. ______ _ ______________ _, "Personal property" means tangible personal belongings or possessions, which shall include~ any movable or tangible thing that is subject to ownership; and {ill_property or chattels that can be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses. ····························································································•··········-·· "Private property" means real property not owned or controlled by a public entity, includin g, but not limited to, buildin gs, streets, sidewalks , alleys, and improved or unimproved land.
"Public property" means real property owned or controlled by a public entity, includin g. without limitation, buildings. streets, sidewalks. trails, alleys, medians. greenways. easements. parks. waterwa ys, stormwater drainage basins , rights-of-wa y, amenities , and improved or unimproved land.
- Deleted: , including, but not limited to, furniture , appliances, camping facilities, camping paraphernalia,
money, and/or books
"Restroom facilities" means a public toilet that is a small room or small building with toilets and/or urinals, which do not belong to a particular household, and are available for use by the general public, customers, travelers, etc. Restroom facilities include privately owned portable toilet facilities contracted by the city and temporarily placed at a location for public use. "Right-of-way" means all publicly or privately owned or controlled streets, sidewalks, bicycle and pedestrian trails and paths, alleys, medians , park strips, greenwa ys, parkin g lots , easements , waterwa ys, canal banks , and other forms of rights-of-wa y. "Store," "stored," or "storage" means tOP.l:1!.c!~!~.t? or accumulate P.t?~~~l!~_l_p_f_<?P.t?rtY, whether ______ . attended or unattended, p ubli£. 12roi2erty or private property without written authorization of the __ .--- owner or tenant controllin g the property,. __ _M~y_i~g_J?~!_S_<?~c!LP.r.<?P.~!1Y .. (i:<?TIU?!!~. LUJ 9_~~!!9_1!_!9 __ ----- another at a public or private,or privatt;,prope:ttt •. <?~-~~~~j~g _p_t?~~9_1}~_l_p_f_QP.l?!'!Y.!9.~h~.~~~~-l>J~~K~ ----- on a daily or regular basis shall be considered storage of such property and shall not be considered \ removal of the belongings. "Thi_§._~~ft.l!i~i_o!}_ s_l)~JJ.!W!.!l).~l.'!9.t? .~!1.Y.Qlacel!lent of P.t?~~9.1!~_l_p_f_(?P.~!!Y., \:. on public or private property Jhat is authorized b):'. j?!~!~.t~,--~~~-i!!~~~~}_P.t?TIJ)J!2.Q!...~~_g~_l~t_i~!l~ .\ ·:~:-. written permission of J.he pai:t,x that owns or controls the real iiroperty at which the personal .\\ '.:,:-. property is placed . \\'::, \\\
\~,\:\ \\
111111 I
Deleted:
Deleted: in a park/recreation area or on
Deleted: other publicly
Deleted: -owned or publicly-controlled property or
accumulate it for use when needed; to place personal
property in a public park/recreation area or on other publicly- owned or -controlled property for safekeeping; and/or to leave personal property unattended in a public
park/recreation area or on other publicly-owned or -
controlled property.
Deleted: park/recreation area or other public
... Deleted: ly-"Tent" means a collapsible shelter made of fabric such as nylon or canvas or a tarp stretched \\/:•.''. and sustained by supports, which is not open on all sides and which hinders an unobstructed view \'·'.•:•.'-.\ ,_' Deleted: owned or -controlled property Deleted: This definitio
Deleted: n behind :~::~;,::::•,:::::e:~.d:::ea~:::~:~; ~;- ~~~~;~~; i:~p:~ ·~~ ~,; :;;~:: ~~~· :~~~; \.:t.i \' Deleted: that, level to the top of the structure, and consists of pliable tent-like material such as canvas, plastic, nylon, or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic, or wooden poles.
"Vehicle" means: (i) a vehicle , as defined by Vehicle Code Section 670 : (ii) a house car, as defined by Vehicle Code Section 362 ; (iii} a cam per, as defined by Vehicle Code Section 243 ; or (iv) a trailer coach , as defined by Vehicle Code Section 635.
12.24.030 Sitting, lying down, and sleeping restricted.
A. Unless otherwise allowed by statute , ordinance , permi t, or regulation , it is unlawful and a public nuisance for any person to sit, lie down , or sleep in or on the followin g:
I. Public property. with the exce ption of parks.
2. Parks : provided however , sittin g is allowed durin g hours that a park is open to the
3. Outdoor areas of private property: provided however , such prohibition shall not apply to the owner or tenant of private property en gaging in otherwise legal activi ty at property that they own or lease.
\ Deleted: pursuant to
Deleted: , or other authorization by the city or state, is \ stored with the
Deleted: the city or the state at a public park/recreation area \ or other city- or publicly-owned or -controlled property Deleted: In order to qualify as a tent for purposes of this chapter, a tent, when deconstructed, must be able to fit within a sixty (60) gallon container with the lid closed.
B. In addition to any other remedy provided herein or under law, any person found in violation of this section may be immediately removed from the premises.
12.24.040 Use of vehicles for human habitation prohibited. ( Deleted: 030
A. No person shall use or occupy any vehicle for human habitation on public property or private property. Habitation shall be deemed to exist when it reasonably appears, in light of all circumstances, that a person is using a vehicle as a place of residence or accommodation. Relevant facts will include, without limitation, sleeping, cooking, eating. or resting in a vehicle, either singly or in groups, possession inside or on a vehicle of items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, or bodily fluids.
: Deleted: in parks, recreation areas, and other public :' facilities
"' "' "' ,., ,, ..
11I/
11 1 1
,,,.
Deleted: prohibited
Deleted:
Deleted:
Deleted:
Deleted: to establish
Deleted: , and t ti
:; !!!!!} Deleted: o utilize B. Nothing herein precludes the enforcement of any other laws, including, without •, :" "•>------~-====~~-----; limitation, parking restrictions. f'j!! f !! Deleted: : Deleted: : (i) in any park/recreation areas or on other JI/!!! :' publicly-owned or -controlled property within the city; (ii)
12.24.~ ~?-~~~~_gpn public propertyrestricted . _____________________ _____ ______________________________ ,I!!!!!! within two (2) blocks of any public or private school facility; /!!!!!!
l\.__~U~ __ l.!!1J~~~_l-~l}~_<! _P~l?_lj~ __ f!1:l_i~_<!1:_l~~_f9_r __ <!l)):'._p~r:~<?_1! to engage in the following on J!!/t! or (iii) within two (2) blocks of any public or private shelter or similar accommodations that offer services to homeless individuals. "
Deleted: to remain in a park/recreation area or other public property;. ___________________________________________________________________________________________________ ! ! i i!f ,,,., ,,,,, ! publicly-owned or -controlled
I. Esta bl isl\ ~~!!l_t~i_f!L<?r _<?P.~r~~~ !-1: ~-<!1:.1:i-P. _<?r _<?~-~1:IP.Y_ ~-<!1:.1:i-P. f~~Hi_t_i~~. including, without j/jj ! limitation a tent or similar tern ora shelter or im rovised make-shift structure from random ! i! ! items; or ! !! f :'
Deleted:~
:' B. Notwithstanding the provisions of subsection A.
' above, an individual or family unit experiencing
•---------------------------- -------------------------------------------------------- --------________________ _, :'! /;
2. Utilize.~~~p_i~g_ ~91:liP.~~-'!! _<?r -~~~pj~g_p_~~~P.~~-r_l!~_lj~_ ... ~hi_l~ -~~~P!!l_g_(?f _ <?~~~_pxi_l}g jj ; / camping facilities~•-_______________________________________________________________________________________________ _! / / ~Establish" means setting up or moving camping equipment or camp paraphernalia on such ! ! property to camp or operate camp facilities. "Maintain" means keeping or permitting camping / / equipment or camping paraphernalia n ublic property in order to camp or operate camping ! :' facilities. "Operate" means participating or assfsting--i~ -estab-lishi~g-oi -inaintain-ini _a_ c_a~p -oi-! camping facilities. /
~ ~~~1?!1:.1_g __ 1:.1:i-~Y, __ h<?'Y_~y~r:. __ J?~-_ P.~~i-~~4-_ ~ -P.~r~ __ ~~9-_ r~~r~_<!!i_C?!l __ X<!~JH!t~~ __ j~ j conjunction with any £!.!Y..~1?9.'!~~~~~ _<!1:.1~ _<!PJ?r9_Y~_q _~X~~t: ______ __________________________________________ -,\._ ~------J~~~-~~~-<?f P.~rKr~~~<?9.~ _f~~_i_lj!i~~-~h~H J?~. ~.x~H~~l-~_!C? -~!l p~~9.1:_1~_. -~~~J?!11K~!1_<:f/or .. \\-._ sleeping in park restroom facilities would interfere with the public's use of such facilities, and, \ \\ therefore, camping~~!~~J?!ll_g! a1:_1~ Ixing down_ !Q.P.c!tt<-. r~_s_tr_q9,m Xc!~Hw.~~. ~~ Pr9Nl?_i~~4: .Thi~ .C:li.c!P~~i:.-, \ \ shall not be interpreted to allow the public use of city restroom facilities that are normally reserved \ \ for the use by city employees. \._~
12.24.060 Camping on private property restricted. ------------------------------------------------------------ homelessness shall not violate subsection A. by camping in a park/recreation area or other publicly-owned or -controlled property unless: (i) there is available shelter as defined above; (ii) they interfere with or impede the performance of maintenance, repair, or improvement work conducted by a city employee or contractor; (iii) such activity creates a public health or safety risk or violates federal, state, or local laws or regulations, including, without limitation, regulations establishing disabled access requirements.~
C. Notwithstanding the exemption provided for in
subsection B. above, camping facilities, camping equipment, and camping paraphernalia may not be affixed or attached to, or constructed upon or with, or otherwise located within ten ( 10) feet of any park amenities or structures.~
D. Notwithstanding the exemption provided for in
subsection B. above, camping facilities, camping equipment, and camping paraphernalia may not be located or utilized within any waterways or drainage basins.~
E
Deleted:.
Deleted: in
Deleted: City
Deleted: F.
Deleted: and
Deleted: G. It is unlawful to camp or sleep within
the fenced area of a dog park or any area within a park that is reserved for dogs.
A. Except as provided in this section, it is unlawful and a public nuisance for any person(s) to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying campin g facilities on private property not zoned for such activity or otherwise authorized by the necessa ry land use entitlement(s) for such activities.
8. Nothing contained herein shall, however, prohibit camping on private property by the owner or tenant of such property if such activity is a permitted use under and satisfies the requirements of Title 17 of this code and all health and sanitation requirements of the State of California and Kings County.
J2.24.070 Trespassing on business premises prohibited. ________________________________________________ .-----i~o_e_le_t_ed_:_,_l - ------------~ A. Restrictions.
l. No person shall willfull y remain on any business premises . whether indoors or outdoors . after bein g notified by the owner . tenant, or other person in charge thereof to leave.
2. No person , without permission , express or implied, of the owner , tenant, or other person in charge of business premises , shall enter upon such premises after havin g been notified by the owner . tenant , or other person in charge thereof to keep off or to keep away from the business premises.
B. Exceptions. This section shall not apply to any of the followin g instances:
l. When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relatin g to prohibited discrimination against any period.
2. When its application results in, or is coupled with. an act prohibited by California Penal Code Section 365 or any other provision of law relating to the duties of innkeepers.
3. When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties.
4. When the application would result in an interference with or an inhibition of any exercise of a constitutionall y protected right of speech or assembl y.
12.24.0Sil.~~~r:?_g~_~(p~-r:~~-~~~-f?~_l~~-g!~g~_I!r:~~-i~!~~~~----------------------------------------------------<-- {>o_e_le_t_ed_:_7 _____________ _ --{ Deleted: 040
A~ lt _ !~ _ !-1.I?-J<l~M-~-~~ _ <l_ Qll_l? EC:_ [!ll_i~_<!l?-f~ _ f~r_ _ <l!!Y_ .P~f_S.9!! _ !<.>_ -~t9f~ _p~f_~9!1<1J _ P.f91?~!!X,_-: ----· whether attended or unattended, on; (i) city-owned or -controlled propef!Y-. exce_pt as otherwise ·----- --- ---- ------ ------------------ , - approved in writing by the city manager or designee or by ordinance or resolution of the city \ ·--- council; or (ii) other public property without the written consent of the entity that owns or controls '\-. such property. Personal property stored in violation of this section may be impounded pursuant to \ ' the requirements of this section. '-
A ~J)_l~~~-~P.~fi_f}f<l!lY .. <!':l~h<.>rJ~.t?~ .. ~Y .. ~l_l~ .. e:hi.t?f_9.(_p~l_i_~~z-!l;t_t: _~jcy __ ~~-~(l_g~f1- ~f _!J;l~i_r_ -r .----- designees in writing. no person shall possess at any public;._pf9_p~r_cy~ __ (i}_~.Y.).~!!c.Y.j!~~--~r_ _(w__-., personal property that cumulatively exceeds the amount of property that could fit in a sixty ( 60) \\ gallon trash receptacle with lid closed. Such limitations shall not, however, apply to the city or \\ other public entity that operates or is responsible for publiG,Qf_9P.~!!X-____________________________________ ~ ~ C. Jt is u_nlawful and a riublic nuisance for any person to store personal propertx,~\ \\ whether attended or unattended, on private property not owned or leased by such person, unless: ~ ~. \\ (i) approved in writing by the owner or lessee of the property; (ii) such storage does not endanger :\ \\ the health or safety of the public; and (iii) is otherwise permitted under this code. Personal property \\ \\ stored in violation of this section may be impounded pursuant to the provisions of this section. \\ \\ ~ o_------t~~:~h{~r::~r:~9-(i~~::~!i~::~{~i:~~n~g~r::~~~:~!i~!i::4~~)g~~~~:::~i~::~~~~9-~i~~:i9-:\ \\\ Deleted:
Deleted:
Deleted: in any park/recreation area or the outdoor portion of
Deleted: other publicly-owned or -controlled
Deleted:,
Deleted: 1
I. Notwithstanding these prohibitions, an individual
or family unit experiencing homelessness shall not be in violation of this section and their belongings located within a park/recreation area or the outdoor portion of other publicly- owned or -controlled property may not be impounded unless:
(i) there is available shelter as defined above; (ii) a belonging violates the restrictions described in subsection B. below; (iii) the personal property is maintained in a manner that interferes with or impedes the performance of maintenance, repair, or improvement work conducted by a city employee or contractor; or (iv) the personal property or the manner in which it is maintained creates a public health or safety risk or violates federal, state, or local laws or regulations, including, without limitation, regulations establishing disabled access requirements.1
2. This subsection A. shall not be interpreted to allow any individual or family unit experiencing homelessness to leave their personal property unattended in a park/recreation area or the outdoor area of other publicly-owned or -
impound personal property pursuant to the provisions of this section and shall make provisions for \\ \ \ \'~ the receipt and safekeeping of personal property coming into his or her possession pursuant to this \\ \ \ \ section. \\ : \ · ,'•, controlled property, and unattended property shall be subject \'·, to the impoundment provisions contained below.~ rm i\ Deleted: .
~~ ~otic~ :~~~r:,~:;~~~n~~~:.::: : : : : : :::::: : : : : : : : : : : : ::: : : : : : : : : :: : ::: : :::: ::::::.~:\ \ Deleted: a park/recreation area or the outdoor portion of , \ any other publicly-owned or -controlled
..i_ - ~-t~r_~~ _ P.~r~_qr_i_<!l _ .Rr<.>P.~!!X-~r _ .P~!_s_9n(l! _ pr_9_p~~ __ '.'.'!<.>J~t_ing_ _ !l;t_i~ __ ~-1!<1.P.!~r __ ~<l.Y. _ -~~-, \ \ \ \ \ impounded without notice if there is a reasonable belief that it is abandoned, presents an immediate \ \ \ \\ :\ Deleted: a park/recreation area or other publicly-owned or - \\ controlled
:: Deleted: threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or \\\\\ is contraband. Unattended personal property shall not be assumed to be abandoned and ~ \ \\ determination of whether personal property has been abandoned shall occur in accordance with •~- \ \ ~ federal and state law. \\ \
C. ,,
:\ Formatted: Space Before: 0 pt, After: 0 pt
\ Moved down [1]: The provisions of this section shall not ,.,, •,\ apply to abandoned personal property, which may be \\ J _ lr:i-_~(l~~r_~_!r_t __ ~l_l!~_l!_~!-1.~~-t:C:!!<.>!!~ J :_~~~~-!!<.>~-~1?PJ.Y.t.P~r_s_9n<1J_p_r_qp_~r_cy-~r_iJ~_\:\'.fl:IJ!y_~ ,, \ Deleted: D. \ Deleted: A receipt shall be issued to the person deliv~ ·,\ such personal property, unless the personal property w ... [21 stored f>!! pub Ii~ or 12rivate _pf~p~r_cy _ or nersonal Qrope[ty that otherwise violates this section ~l;t_<!ll__\ \·, be impounded only after a notice js posted on each tent, if tents are present, and in other distinct \~- \' areas in the vicinity of the personal property at least seventy-two (72) hours prior to the -··.\\._ ' commencement of abatement efforts, which advises that the personal property will be impounded ',,r:._-., ,, Deleted: E. ,, ,'
if it is not removed. This notice will specify the following: \•:{\ \ Deleted:
You must remove your belongings from the site by ____ a.m./p.m. on ·...::::,-,:,::,:,:, _______ , 20_. You should not leave behind any belongings you want to keep. All belongings left behind may be removed by the City within forty-eight ( 48) hours of the time specified above. The City will post an Impound Notice for the belongings that the City takes and stores during the clean-up process. ,,
,,
Deleted:
Deleted:
Deleted:
Deleted: E
Deleted: in parks/recreation areas or
Deleted: other publicly-owned or -controlled
Deleted: is provided to the owner of the personal property or left at or near the location of the personal property
If you wish to reduce the risk of losing valued belongings, you should try to keep those belongings on your person at all times, ~ .8: -~!9~_8:g~_J~~_iH!)'_, _~~jl) __ \_'.!~i!>_l~,----------------- {..___D_el_e_te_d_: _in _____________ ...., sanitary, and safely accessible bags or bins.
Belongings that are hazardous, likely to become hazardous while stored, contraband and stolen items, or which pose a threat to public health and safety will be subject to immediate disposal by the City.
If your belongings are impounded, you can claim them by following the directions on the Impound Notice after the clean-up is completed. Information about how to claim you belongings is also available on the City's website. You may retrieve any impounded belongings without being asked about your criminal background or outstanding warrants.
The chief of police, the city manager, or their designees shall conduct abatement of a site at the time specified in the notice. If abatement is delayed or rescheduled, the chief of police, the city manager, or their designees may conduct abatement within forty-eight ( 48) hours of the time specified in the notice without posting a new notice. If abatement does not occur within forty eight (48) hours of the time specified in a notice, the chief of police, the city manager, or their designees shall post a new notice prior to engaging in abatement activities. •---------------------------------- {~o_e_le_t_ed_: ______________ ~ manag;, or th~:t:~~~!~rlt!};~~~;~;~~i~l!~::~~{!~~<?!l~i~!~~~ -r:-;~f !t[~9:~~~)::-;!~--::::::~>-~-:-::-:-:-::---------------,:
impound notice a minimum of three (3) hours prior to the commencement of abatement efforts if:
(I) the City receives direction from the County of Kings or other governmental authority that abatement is necessary to preserve public health or safety; or (2) the chief of police, the city manager, or their designees observe or reasonably suspect that personal property creates a significant risk to public health or safety or a significant risk of property damage. , Deleted: The provisions of this section shall not apply to L...____ff, __ ~!_Jh~_Jj~-~-.sP~fi_t}.~g __ i_f! _.8: _l)_<?He:~--~~gt_1ir~_4_!J.y __ ~y!J.~~~!i_<?l) __ g. __ ~!J.9.x~1_P.~r~~l).<1:l_/,<_. property remains unlawfully stored on public; or ~ri_vate P.~9P~m-'..,Jh~!_P_~~~9_f!~J_P.~9P.~!"!Y __ II!~Y._l?~_,_,<- - impounded in accordance with the process identified below ................ ___________________________________________ _ .1. : ............... I~~-_ <?hi_~f_ _qf_ _p~l_i~~z _ Jh~ _ -~i_t_y _ -~~n~g~~z-_<?~ __ t.h~!r __ g~s_i_gn~~.s-_ ~h~H-~9~t_1!!1.~l)_t __ !ti~ ___ . abatement and impoundment process as follows: ·, ·--
J!-... l?.h9t~~-a_ph _<?r. y_i~~~ !.~':~~g_ !I:i~ _s_i_t_~ .l?~f<?~~-~!!Y . .8:l?~.t~~-1!! .f?~_gil).s_; ______________________ -, : . _ ..
J?---. Qp_~I)_ !>.~~~P.c!~Ks_,_ P.l;l!.S.~~z _s_l}*_c!s_~_s_,_ ~!!~. ~t_~~_r_ f<?!l.t.~il)~~s_ _t_q _g~t_~I)))!!l.~ -~}:1-~t_l)~_i: Jh~Y-____ . contain items eligible for storage; ·-. .__-
~ ~-~t_ .<?Y_t_ !!~~-~ _i!! .l?.8:C:~P~-~~.s_,_p_l_lf~~s_, __ s_t_1i!<?~-s_~.s2 -~!1.<:l 9_t_h~~-~_ql)_t_":i_l)~_r_s_ _<!I)~ _ph<?!~~~Ph ____ -• · - or video record the items; ·
.4- I_>_h9_t_q~_a_ph. ~~ . y_i_q~~. r~-~9!.4 . .8:l_l. _iJ~~.s. _t_q. !J.~. _s_t_<?r~.4. ~~ . ~.hi<?h. ~m. !>.~ . .S.l!!>j~e:!. !~ -<-.-.< immediate disposal;•-___________________________________________________________________________________________________ _ abandoned personal property, which may be disposed of
forthwith.ii
F
Deleted:
Deleted: in a park/recreation area or
Deleted: on other publicly-owned or -controlled
Deleted: The person impounding the personal property
shall provide the notices required pursuant to subsection D. above.,i
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted: 1
s,,_J_ho_t()gra_p~ _or. v_i_deo_ r_eC()rd. th<: _clea_nup _pr()Ce_ss; _an_d •.................................... • , z :: :_:
i,... ____ .. _.J?J!9_t_~gr_a_ph .<?r _ y_i~~~ !.~~~~~- !ti~ _s_i_t_~ .c!ft~r _ ~~~!~~~!l_t_ h~~ _ <;:~i:i-~t ~~~~-- - ___________________ -,. _ Q.,__f _~~s_9_1}c1_l_ 1?f9_p~~. J~~~-1! _ -~Y.. !~~ _ <;:j~ __ ~-~tii:i_g_ -*c1~~P. ~~~-~r!ii:i_g_ pu_r_s_uc1_nt t~ _!hi§ __ chapter shall be stored unless it meets one ( 1) of the following disqualifying conditions:
' ~ ........
) :,,............t!~~<!~~-<?~S.,. !!1 .. ~!~~tl!g,_ ~j!!i.<?~t_ JiJ)!!!~!!9.l!? ~~P.t<?~j_x~~2 _(l_c!l)!!'!l_c!~J~s_,_ !9.~!l)_s_,_ ~~<!P.<?~S.,_-: · ---- drug paraphernalia, or items contaminated with human waste, animal waste, insects, hazardous -- liquids, or mold;
Deleted:
Deleted:
Deleted: ,
Deleted:
Deleted:
Deleted: G.
Deleted:
Deleted:
J~.,-, .. ,J-~*~_l~ !~ ~~<;:_<?~~ h~~-c!!~_<?!-1 .. S. i!! ~-t~~~g~ ? _i!'!~!!1 .. 4!!1g .1?aj~_hc1~l~~2 -~~! .. l!!~!~ .. r:i~l_ !he!! ~~y_-: ::---i>=D=e=le=t=ed=:==-~============< become moldy, and items covered m mud; ·--i Deleted:
'-------------------~
..?:,...........,.~(?~t_r_<!~_c!l)_4 _(?f_ ~!9) .. ~l)j _ 9_r_ _______________________________________________________________________________________ -<-- ->=D=e=le=t=e=d:===========-~===< Deleted:
;!~ ~-<?s_~_~_t_h~~~tJ~_p~~E~-h~c1J!h .. <?r_s_c1f:~~ or max become a threat to publi~ he_<!!!~_9_r -c----- Deleted:
safety during storage. ·- >===========-========<
Deleted:
H. After abatement has concluded and when personal propel!( is collected for .. ---- {~D_e_le_t_ed_: __ H_. -----------~ impoundment, the chief of police, the city manager, or their designees shall post an Impound Notice at the location of the abatement that includes information on how a person can retrieve impounded items. Information about retrieval of impounded items shall also be available on the City's website.
_I. __ Personal property impounded by the city pursuant to this section shall be retained for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the city's finance director or designee for a period of not less than ninety (90) days, unless sooner claimed by its owner. Personal property not claimed within ninety (90) days of the impoundment date shall be deemed to be abandoned personal property and will be subject to disposition as provided in this section.
P~-Ij~g_!h~_!i_I}!~_!hc!!_c!l)_X_P~~s_9~c1J_p_r_(?p_~~-!s__!i_~!~ .. ~Y .. !tI .. e_ _~!~ 2_!t_~~y_ _~~-~~HY~~~~-------- {'-D- e_le_t_e_d: __ I_. ____ ________ _, or paid to its owner as follows:
) :, ..... ___ J_l!~-P~!~-<?~<!! .. P!~P-~~ __ ~h~H .. ~-~ _ ~~l_i_~~r~4 .. !-IJ?~r:i. P.~<?~f. 9f ~~~rs_hi_p _ ~~t_i§fa~!ory _ !9. < ---- the chief of police, the city manager, or their designees. A nerson may r~t_r_i~y~_i!'!}p~unded items _ ·--.. without inquiry into the person's criminal background or outstanding warrants. · .J- ~f !h~ _p~_r_s_<?~~! J?f91?~~ -~9 .. 1!~!~!~ .. 9f: ~~i:i-~y 2 _i_t_ s_h~H ~~-p~i_4 _t_<? _t_l}~_ 9.~r:i~r_ !11?9!1. w!i ~~!1. _, __ __ order from the chief of police, the city manager, or their designees to the director of finance. The ',,:·- chief of police, city manager, or their designees shall make such order upon the same proof of ·, ownership and with the same notice as prescribed in the case of other personal property.
Deleted:
Deleted:
Deleted: , after ten ( I 0) days' notice by mail to any other person(s), if any, who has asserted a claim of ownership at any address given by such person(s) .
Deleted:
Deleted:
J :,,._..........~f_<?~~r~~iJ?.~~I}~<?!.l?~.4~!~m!tr:i~4.t<?.tl).~~-<!ti.s_(~~5j~r:i.9.(!lt.tE .~lt_i~(_qf_p9.l_i~~!.t_h~.~HY._:::··· i>D~e-le_t_ed=:~=-------------< manager, or thelf des1gnees, he or she may refuse to deliver the personal property or refuse to order ·--1 Deleted:
the payment of such money to anyone until ordered to do so by a court of competent jurisdiction. ..__ ________________ __, .-{ Deleted: J.
~ ~P.<?!1.~~P.i!.c!ti.<?~~f.t.h~.!1.i.!!~!Y.{9-9).~.c!Y.!!1:11?<?.l!!l.4!1:1~1_1!.P~i:i.<?~,.~.!!Y.P.~r~~1_1~l.P.r.<?P.~!"!Y __ ./:. held by the city Jhat is i:i~Lretrieved b~ .t.h~ .. <?~.!!~! .. shall be deemed abandoned and !1:1.c!Y .. l?~./:~. appropriated for use by the city upon order of the city manager or his or her designee, upon finding ------ that the personal property is needed for a public use~ .P~.r.s.<?.!!~LP!~P.~11Y.!1.<?!.~P.Pr<?.Pti~.t~4J<?.r. ...... . city use may be disposed of at the discretion of the city manager or his or her designee. All unclaimed money received by the cityT.<!1_1~ .1_1~t .4~_1 j x~r~~. t<?. !li~ .<?~.!!~!. ~':.lti~g_ !li.~ .I}!~~cy. (9-9). ~~Y. _. -· · · · impoundment period shall thereafter be deemed abandoned and deposited in the general fund. b.............. I4~.P.f_<?Xi.s.i.<?~S. .<?f.t.his.it'iection s_h~H !"!<?!.~P.P!Y. !<?. P.~rs_9.1_1~l. P.f_<?P.t.?~. !li~t is_~.(!). s_~l?j~~t_ .,,/ ··' to confiscation pursuant to state or federal law; (2) evidence of a crime; or (3) evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. ,,
"' "'
12.24.09.(lFires prohibited . ................ _ ......... ______ . ___ . _________ ·--... __ ... ___ . __ .. _. ___ . ___ ........... /' No person shall kindle or build a fire in park and recreation facilities or other publicly-owned or -controlled property, including within any portable fire rings, receptacle, or park amenity for the purpose of creating or containing a fire, unless a fire is allowed by the city in conjunction with any city sponsored and approved event. A fire that is lighted and maintained in a barbeque grill being utilized for cooking purposes only, and only in designated areas, shall, however, be exempt from this prohibition. Installed park grills are designed for charcoal-based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park/recreation area. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle.
12.24.J..29..P~~~~-i~g,_P.~!".~«?~~-•-~~~!~,.~.'!~ -~~~.P!~g.P.s;~.~J~!~~~-...... ___ ... _ ...... _______ . _____ --· .... . _ "'\ A-_____ __ Ir_~s_h !ec:~ _ tac le at _ ar!<_s ~r_~ .P!~Y!~t:M~r_ ~~.s.~. r_~!~5~4. t<? .P~.r.t~~Jj xi_t_i~_s_._ r~!!<. ~S.~!:5_"' \-_ shall deposit their trash in designated receptacles. \<< _B_. __ It is unlawful for any person to enter, occupy, or sleep in any trash receptacle or \\ trash enclosure within the city.
~ <?_ P.~r~~1_1. ~h~J! .l?!J~g_ ~n~-!~.<! y~ _r.~t1J.s.t:i Xl!~i.~r.~2. <?!. ~~r_p_I ~s_ .l)}~.t.~i:i.~! Xr.<?~ .<!1_1~t~~.r_ _ ..... property, including home-based litter and refuse and/or business-related refuse, for the purpose of dumping it in any .public QroQert)( or private propeffi': ......................................................... / ~ ~<?.P.t.?rs_~i:i.s_h~H.4~P.<?.s.i.t.<?.r.~~!l.S.t:.t<?.lJ~.4~P.<?:5.iJ~4.1:1!.i!"!~2Xt:~~1.!1:1;!~t:ri.<?r.<?!ht:r.lJ~~.i!x_,:~---:
Deleted: and
Deleted: delivered
Deleted: to
Deleted: , and any
Deleted:,
Deleted: K.
Deleted: chapter
, Deleted: 12.24.
, Deleted: 8
Deleted: 050 Tents and other enclosed temporary
structures prohibited.,i
A. Except as otherwise provided in this section, it is
unlawful for any person to set up and utilize a tent, or similar temporary shelter or improvised make-shift structure from random items in park/recreation areas or on publicly-owned or -controlled property, except in conjunction with a city sponsored and approved event. The use of umbrellas or
sunshades is permissible in a public park.1
B. Notwithstanding the restrictions contained in
subsection A., an individual or family unit that is
experiencing homelessness will not be in violation of this section unless: (i) it is confirmed that there is available shelter as defined above; (ii) the tent is located or constructed in such a manner that interferes with the performance of maintenance, repair, or improvement work conducted by a city employee or contractor; (iii) the tent is inconsistent with the "tent" definition of Section 12.24.020 above; or (iv) the tent creates a public health or safety risk or violates federal, state, or local laws or regulations, including, without limitation, regulations establishing disabled access
requirements. A prohibited tent will be subject to citation and to the impoundment procedures of Section 12.24.040. 1
12.24.060
Deleted: 09
Deleted: 070
Deleted:
Deleted: Receptacles
Deleted: B.
Deleted: park/recreational area or on other publicly-owned or -controlled property
Deleted:
Deleted: C.
discharges .pn or at public propert½, 'Y.iJh _th~. ~~~~1?!!<?.!! .<?f.J}:l~ .I!<?.~~! .1:1:5.~ .<?f. ~~s_ign~!~.4 .r.~~~9.<?~S.-___ .. { 1 ed . .
Park and recreation facility restrooms and washrooms that are designated single-use, unisex \-::_· >=D=e= et=== =w=1th=1=n ==============< facilities, are to be used by one person at a time for their designated purpose and for a reasonable \ - Deleted: park and recreation facilities or on other publicly- time period. This rule shall not, however, apply to children under the age of eight (8) years, or \>=o=w=n=ed= o=r=-=co=n=tro=ll=ed====pf=op=e=rty=====~===~===< Deleted: within
persons with special needs, who may be accompanied by a person responsible for that child or person.
12.24. !..!Jl ~~-s-~~~!=_':P~~~~-'=!!<:.>~~---------------------------------------------------- -----------------------------,:::-- >-D_e_le_t_ed_:_o _________ ____ -( Deleted: 080
A-____ 1'.'{~ht_r.<!! _f_~~~f_t?~:_!!_!~_!-l_l)!~~~!_f9_r_ _in~~l?~r_~_9_(_th~_}?y}?h~_!<.? __ ~l)g~g~_j~ -~!1.Y_~u~~ ------- Deleted:
following acts within any city park or facility: - ------ - ----- - ---~ ) : _ ---~l:1~1 _pj~~t~YJ!M~)-<.?_f _ _4~~~~y_ ~!!Y_Xt?&t?!~!!<?!!: ______________________________________________________ -{ ...... D_e_le_t_ed_: ____ _ ____ _ _ _ __ _,.
J: _ ---~1)!!°9.4!-l.~~-~-r_:iy_ fl~r_~_ <?_f_ f~1:l~<!: _____________________________________________________________________ ------- {._D_e_le_t_ed_: ____ ____ ______ _,. ~: ___ ]:>j~~1_4!g ~.P1_~!-l_t_,_!1)_1:l!tl_<!!~1_4~_s_t_r_(?yJ_!l)j_1.!r_~1-4!~~r_l?1_~9.y~._!l)~!~~J1_l?!-1.f_l)1_<.?_f_~_<!f_f_Y_~_~<!Y ____ __ .. { ...... D_e_le_t_e_d: _____ _____ _ _ __ _,. any tree~ or planti or portion thereof, including, but not limited to, leaf mold, flowers, foliage, berries, fruit, grass, fem, turf, humus, shrubs, cones, and dead wood. ~4: ___ -~J.'!~~-!-l.P~l)1_ ~-t~~-~~1 - ~r_ -~~~-1:lf_~_ J~ -~!1.Y _ !t:~~'-J?!~~t)_ ~h~-~1 _f_<.?~-~L <;>_r __ <?!~~f_ _l).'!~f_~_l _ f~_<!!1:lf_~ ___ . · -· {._D_e_le_t_ed_: _ _____________ ~ any rope, wire mark, writing, printing, card, display, placard, or object. ~-·-___ 9 _~<.?J~gj~_<!l __ .f~~!!t_r_~~:-!!_t~ _Yn!~~M.f<.?_f __ <!l)X_!l)~~!J-t?f__<.?X_t_~~-.P~-w~_!<.? __ t?!l_gag~ __ i!!_!~~---···· { ...... D_e_le_t_ed_: _____________ _, following acts within any city park or facility:
) : ____ ~~!l)_(?y_~,-~1:'~1_4jg)_9.r_ _4!~f!g_l!r_~-~-~y-~~H,_r_~~~)_9.r__((?~~j!: ________________________________________ .----{ __ D_e_le_t_ed_: _____ _________ _, J: ... .P.!g __ 1:IP., . .P!~~Lr_~~<?X~1_r.!1_1:l!!W~1_!1)j_1:1r_~ -~r_-~_<?!!~~-t __ <!l).Y_ht~!<?!"!~_<!l_ _9_r __ ~r_~-~~~<?_l~gj~_<!l _____ .--{ ...... D_e_le_t_ed_: _____________ _ ~ artifact or object.
{;,_. ____ yj_~J~r_f~.'!~f_~_s_._!!_i~-~-r_:i!~~1:1!.(<?f__~!1.Y_tn~-~l?~r_~f_th~_p_l!l]_lj~_!<.?_~!!&<!g~j~Jht?X<?!!<.?_~i-~g ____ ----{ ...... D_e_le_t_ed_: ____ _ ________ ~ acts within any city park or facility:
..! : .... TJm~~ .. . 4!~~}Hl]."g~_ ~f_ _ <.?Jh~r_~j~~ .P!~~~-<.?_f_ _~~_l!~~-J~ _}?~ .P!~~~~ _i_~!<.? _ _<!l)X _f<.?_l!l)J.'!i_~! _p~r_:i-4, __ -----{ ...... D_e_le_t_ed_: ___ ________ _ __ ~ basin, or other body of water any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, styrofoam, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics, human waste, or other polluting substances of any kind.
J: ---_9-!~~h~r.gt? _ -~~x--~~~-t-~~~~~_r)_ -_S_t?~~-g~)--~r_ --~_(fJ_l!~~t_s_ _ -~!!Y~-~~_r-~ --~~~~_p!_ _!I)_ -_pr_~_p~r_ _ .. -- . -{ __ D_e_le_t_ed_: _____ _ _ _______ ~ receptacles.
~: .... R<;~.~i.~~). !>_i:i_1_1g .<?f. ~.~':1~.t? .t<?. !>_<;. ~.i:<?~ght .. i~t<?. ~.'!Y. Q~!~i:<;~!~~!!<?n. ~f~<!. ~~Y. ~Q~~i.t?~. !l:tAt _. -----{-o_e_le_t_e_d: ______________ ~ poses a threat to the waters of such facility.
P-... J?~~ti_~i_~~~.<!l).4J:1~~<!f~.<?~~N~t_t?rt<!!~:.N<? . .Rt?f~~l)1.~!t~.!l:t~.t?".'.~<;.Rt.i~l).~f.P~!~.P~.t:~<?~l)~l ____ .. ·· {~D_e_le_t_e_d: ______________ ~ in the normal course of their duties, shall disperse or otherwise apply any pesticide or any other hazardous material within any city park or facility whether to the air, water, ground, or vegetation . ............... ~: .... P..i:<?.R~&<!!i.<?~. <?K J?J~.'!!~. ~1_1~. Al)_i~~!~:. ~ ~ .P.~~9.1_1. ~.~~J!. r~.~~!Y.t?t. ~!_i~g_ .<?f. ~.<!~.S.t?. !9 .. 1?~. _ -- ----{._D_e_le_t_e_d: ___ ___________ ~ brought into any city park any animals or plants from any place for the purpose of propagation. f : .... A!l.i~~!~: ... _ .................................................................................. ....... __ . ---- {~D_e_le_t_ed_: _____ _________ ~ .!: .... N<?.f!l.t?!1_1~~!.9.f.th~ . .Rl:l!>_l.i.~, .. s.l}~_l_l.9.i: .~~.t?!1_1.Rt.t~.~9J.t?~!, .. ~!l.1_1!t.4!~~.i:1?i.i.t:ij~!.~,.5!"!1.Pi.t<!~e, __ .---- i~D_e_le_t_ed_: _____________ ~ net, poison, harm, tease or kill any kind of wild or domestic animal, bird, or reptile, or their eggs or nests, or fish.
J: .... N<? .. ~~f!l.1?~! . .<?f.!l"i.t? .P.l!~Ji~ .. ~1:t~l_l.!.t?!t?~~.t? .<?! .. <!~.~l_l~<?n.~nY .. ~l_l!f!l.l!!, .. <!!1_1.Rl"i_i~i.<!!1.,.~i.i:~2-9.r __ . ---- -{~D_e_le_t_ed_: _____________ ~ reptile, dead or alive, within a city park.
P-.... ~J.i~]?j!l__g: .. I! .. i_~ . ~1)_1~~~_1 . .f<?! .. tl:t~ . .Rl:l!>_li.~. !9.. ~_l_i~1? .. ~!1)' .. t!t?~~ .. <?! .. ~!!"~~~!~~ .. ~t. ~.I!Y. ___ ----{ ___ D_e_le_t_e_d: ______________ _, park/recreation area, which were not designed for climbing.
J:~.-7.~~m A~J~~!~.?.~~.P.<:~~~ ................................................................................... \---- A-... /\t_1_if!l.<!!~ .i.t:i .fi.ty J.>Ai:~~ ... A .P~i:~9.1_1 .~!1.Y. .l?ti!l.g_ ~. ~.<?& ~i: .<?!l"i.t?~ .<!l).i~<!! .in!<? . .R<!~l<!!~<;f~.~ti.<?!1 . .., \ -. areas subject to the following conditions, requirements, and mandates: \.::::'.,:
J.: .... Q<?g~.~.i:i~ .. <?!1:t.t?i:.~~i.~*·~':l~!.!>_~.~.<?!1.t.r~Ht?~.J?y .. l! .!~~.~l}.~<?!.~.~~~t?~.ing .. ~i.~.@Jt?~!.i!l.~ length, or by a bridle, unless in an area specifically designated for such use (dog park). All ',,_ domesticated dogs and cats are subject to H.M.C. Section 6.08.020 Restraint of Animals. ',,,_ Deleted: ,
H. Permanent Structures. No person shall erect or
cause to be erected at parks and recreation facilities any structure that is not designed to be able to be moved each day. ,i
Deleted: I
Deleted: 090
Deleted:
l Deleted:
J: .... Q<?_g~.i.1_1 .~.~~.~i_g!l__<!!~~~ff:!<;~.s.l}.~f~.l! .~~.s.t.~.t? .l!t~l_l.!i.~~.s.~1_1~~f.tl}~.~.<?l).t!~!~f.l!I_1~.'':'.!~!~_l~-------{ ___ D_e_le_t_ed_: ________ ~----~ to the owner or person in control of the dog.
~: .... !U~.!l.1_1!~~M.t<?.!<;~.~~.~n.~!1.i~~!.~n~!!~~~~~.9.i:~1?~.t:i9:<?!1.t?~ in a 12ark: ..................... ------- {._D_e_le_t_e_d: ______________ ~ ,4: .... !t._i~.~i:iJ~.~M .t<?.~-1!9.~.<!!1.~1_1!!1_1.~l.t~.1?~ . .i!l..<!l).Y..P~~i.<?!1.~f.~.P.~~l_<(f~.~~~~t.i~l).~.t:t?~.~h~r~ -------{ ___ D_e_le_t_e_d: ______________ _, specifically prohibited.
~: ... ).t .. i.~. !I.I}!~~'-!!. !9. ).<~~P .. '?! . .P~.~i_t .t<? .. r.t?~!1.i.'!. !!1 .. ~~Y . .P~!~~~~.r.t?~!!<?n. ~i:t?~ .. l!l).Y.. !1.<?!~.Y.,. ___ ---· { ..... D_e_le_t_ed_: ______________ __, vicious, or dangerous animal, or an animal that unduly disturbs, bothers, inconveniences, or endangers other persons or animals.
~ ...... ~.'!!~~J. ~ ~~.t~-. Jh<;. <?~~!. ~i: .<!!1.Y. .P~i:~<?!! .i:t?~.R<?!!~!l:>_l~ KC?~ .l?ti!l.g!!l.g. ~~ .l!l).i~<!! .i.I!!<?. ~.'!Y. ___ ----{~o_e_le_t_ed_: ______________ ~ park or recreation facility shall be responsible for removing any waste or refuse left by that animal and shall deposit it in a proper receptacle. '--··································································-······ { Deleted: (Ord. 20.1s § I, 2021)
12.24J3,A. y~~-•~~~C?~::-:Remedies. _______________________________________________________________________________ _ Deleted: 12.24. \'°--: ......... Deleted: 2 ~ '' ..
A. A violation of this chapter is declared to be a public nuisance. ~ ', Deleted: 100 Severability.,r !h__J\ J)J _p~~~9_f! _ ~h<?_ y_i_<?M~_S __ <!!1.X _ <?K Jh~ _p_r_(?y_i_s_i_(?!]._s_ _<?f_ !J:l_i~_ ~ti~J?!~!-~.h~J! _ l?_~ _g~U_tx _<?K ~-_ \ misdemeanor and, upon conviction . shall be confined for up to one ( I) year in the Kings Count y \ ', Jail and/or fined up to one thousand dollars ($ 1,000.00) per violation , plus payment of the costs \ \ ''
The city council declares that it would have adopted this chapter, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the
provisions of this chapter are severable, and, if for any reason any sentence, paragraph, or section of this chapter shall be \\
incurred by the city for enforcin g the provisions of this chapter.
I. Any individual charged with violation of this chapter, in lieu of being taken to jail held invalid, such decision shall not affect the validity of the remaining parts of this chapter. The provisions of this chapter shall be enforceable only to the extent they are consist with then-current federal, state, and case law. ,i
may. at the election of the citing police officer and with the consent of the individua l, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment.
2. As an alternative to a fine or jail sentence, the city encourages the court to grant diversion or probation with a condition that the offender complete a rehabilitation program.
C. The city may institute civil actions or pursue administrative remedies , includin g, without limitation . the issuance of administrative citations , to abate or address a violation of this chapter.
\ 12.24.110
\l Deleted: Misdemeanor
'[ Deleted:
D. With resQect to any violation occurrin g at a park1 an individual may be issued a _.-_ .. - Deleted: This section shall not be interpreted to limit the written exclusion order by a law enforcement officer barrin g the individual from city parks for a remedies available to the city; rather , the city may seek and utilize all remedies available under this code and state law in period of one hundred eighty ( 180) calendar days, if within a one ( 1) year period, the individual: order to enforce the provisions of this chapter.
I.
2. E.
Is issued two (2) or more citations for violatin g the provisions of this chapter; or Is issued one ( l) citation for violatin g any state law while in a park.
Nothin contained herein shall be inte reted to limit the remedies available to the city; rather, the city may pursue any remedies available under this code and/or state law to enforce the provisions of this chapter. Remedies shall be cumulative and non-exclusive.
12.24.140 Severability. ____________________________________________________________________________________________ ... -·{ Deleted: 3 '--------------------
The city council declares that it would have adopted this chapter, sentence by sentence , paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable , and, if for any reason any sentence , paragraph. or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter. The provisions of this chapter shall be enforceable only to the extent they are consist with then-current federal, state, and case law .• ----------------------------------------------------------- { Deleted: ,1 ------- -------------- - ~
Chapter 12.24 ADDITIONAL RULES GOVERNING PUBLIC AND PRIVATE
PROPERTIES
12.24.010 Purpose and findings.
12.24.020 Definitions.
12.24.030 Sitting, lying down, and sleeping restricted.
12.24.040 Use of vehicles for human habitation prohibited.
12.24.050 Camping on public property prohibited.
12.24.060 Camping on private property restricted.
12.24.070 Trespassing on business premises prohibited
12.24.080 Storage of personal belongings prohibited.
12.24.090 Fires prohibited.
12.24.100 Littering, personal waste, and dumping prohibited. 12 .24 .110 Resource protection.
12.24.120 Animals and pets.
12.24.130 Violation-Remedies.
12.24.140 Severability
12.24.010 Purpose and findings.
The purpose of this chapter is to protect private and public property and control activities at such properties that may pose a risk to health or safety or which may negatively affect the enjoyment of such property by an owner or tenant, if private property, or the public, if public property. The city council of the city of Hanford finds:
A. The city has invested millions of dollars in its public facilities, including, without limitation, parks, that are designed to be used by the entire population of Hanford.
B. The act of sitting, lying down, sleeping, and the storage of personal property on public property may: (i) interfere with the public's use of such facilities; (ii) interfere with the operations of such facilities; and/or (iii) pose a danger to the health and safety of others, and such activities must be limited or prohibited altogether.
C. The use of vehicles on rights-of-way for habitation poses a danger to the health and safety of vehicle occupants and the public as rights-of-way are not designed for such use.
D. City parks are used for a variety of purposes, including periodic heavy use by families with children. Park usage may be limited by the large number of people that use parks and by other aspects of each park, including shape, location, nature of amenities, and competing uses of facilities. The lack of camping accommodations and the uncontrolled placement of camping sites in parks presents a clear danger to persons using, crossing, or playing in parks. These dangers include the potential for health hazards, criminal activity, interference with handicapped accessibility, and physical injury. These hazards are demonstrated through activity that has occurred within the city and in other communities. City parks are designed to facilitate temporary experiences within set hours of operation to ensure the ability of city personnel to properly maintain the grounds. In keeping with this requirement, permanent or overnight encampments would prevent the city from maintaining its parks.
E. Public facilities within the city are not designed to be used as camping sites and lack the infrastructure necessary to provide a safe and proper camping experience. Public facilities lack, to differing degrees, showers, restrooms, lighting, electricity, security, washing facilities, bum pits, adequate refuse containers, potable water, kitchen facilities, and other facilities needed for safe camping.
F. The unauthorized use of public property, including, without limitations parks and rights-of-way, for the storage of unlimited amounts of personal property interferes with the rights of other members of the public to use such facilities for their intended purposes and creates a public health or safety hazard.
G These factors constitute an unreasonable interference with the use of public property by the community and are injurious to health and safety, offensive to the senses, create visual blight, and constitute a public nuisance.
H. Sleeping, sitting, lying down, storage of personal property, and trespassing on private property without authorization violate the property rights of the owner and/or tenant of the private property and are contrary to public interest.
12.24.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
"Bulky item" means any item that is too large to fit in a sixty ( 60) gallon trash container with the lid closed, including, but not limited to, a tent, mattress, couch, chair, or other furniture or appliance. "Bulky item" does not include a portable, collapsible picnic chair or table. "Business" means a commercial, industrial, professional, or other form of enterprise. "Business premises" means real property at which a private party engages in business.
"Camp" or "camping" means placing, setting up, or utilizing camping equipment. Camping does not include use of umbrellas or sunshades at a park during the time a park is open to the public. An activity shall constitute camping when it reasonably appears, in light of all the circumstances, the participant conducting these activities is in fact using the area as a sleeping or living accommodation regardless of the intent of the participant or the nature of any other activities in which they may also be engaging.
"Camping equipment," "camping paraphernalia," or "camp facilities" means tents, tarpaulins, lean-tos, huts, structures made of cardboard, or similar make-shift temporary shelters (whether commercially produced or improvised from random materials), as well as cooking facilities, hammocks, ground cover, mattresses, bedding, sleeping bags, cots, buckets, furniture, or similar items used for living in the outdoors.
"City parks" or "parks" means publicly owned naturalistic and/or recreation areas in urban environments. These areas are open to the public to offer recreation and/or green space to residents and visitors of the city.
"Park amenities" means any man-made structure or improvement, monument, statue, vase, fountain, pole, wall, fence, railing, bench, picnic table, trash receptacle, arbor, shade structure, playground, splash pad, building, landscaping, natural vegetation, lighting system, sprinkler system, walking or biking trails, paths or walkways, waterways, and other man-made or natural amenities found in a park.
"Parks," "Park and recreation facilities" and "park/recreation areas" means all parks and their associated open spaces, trails, park amenities, buildings, and recreation facilities offered to the public within the boundaries of the city, and which are owned, operated, and/or maintained by the city.
"Park personnel" means those people employed by the city who are responsible for the maintenance, operation, protection, or management of any city park or facility. "Personal property" means tangible personal belongings or possessions, which shall include: (i) any movable or tangible thing that is subject to ownership; and (ii) property or chattels that can be seen, weighed, measured, felt, or touched or which is in any other manner perceptible to the senses.
"Private property" means real property not owned or controlled by a public entity, including, but not limited to, buildings, streets, sidewalks, alleys, and improved or unimproved land.
"Public property" means real property owned or controlled by a public entity, including, without limitation, buildings, streets, sidewalks, trails, alleys, medians, greenways, easements, parks, waterways, stormwater drainage basins, rights-of-way, amenities, and improved or unimproved land.
"Restroom facilities" means a public toilet that is a small room or small building with toilets and/or urinals, which do not belong to a particular household, and are available for use by the general public, customers, travelers, etc. Restroom facilities include privately owned portable toilet facilities contracted by the city and temporarily placed at a location for public use. "Right-of-way" means all publicly or privately owned or controlled streets, sidewalks, bicycle and pedestrian trails and paths, alleys, medians, park strips, greenways, parking lots, easements, waterways, canal banks, and other forms of rights-of-way. "Store," "stored," or "storage" means to put aside or accumulate personal property, whether attended or unattended, public property or private property without written authorization of the owner or tenant controlling the property. Moving personal property from one (1) location to another at a public or private or private property, or returning personal property to the same block on a daily or regular basis shall be considered storage of such property and shall not be considered removal of the belongings. This definition shall not include any placement of personal property on public or private property that is authorized by statute, ordinance, permit, or regulation, or by written permission of the party that owns or controls the real property at which the personal property is placed.
"Tent" means a collapsible shelter made of fabric such as nylon or canvas or a tarp stretched and sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric.
"Umbrellas or sunshades" means any canopy or cover that is open on all sides, from ground level to the top of the structure, and consists of pliable tent-like material such as canvas, plastic, nylon, or other synthetic fabric, and that is held aloft by one or more supporting metal, plastic, or wooden poles.
"Vehicle" means: (i) a vehicle, as defined by Vehicle Code Section 670; (ii) a house car, as defined by Vehicle Code Section 362; (iii) a camper, as defined by Vehicle Code Section 243; or (iv) a trailer coach, as defined by Vehicle Code Section 635.
12.24.030 Sitting, lying down, and sleeping restricted.
A. Unless otherwise allowed by statute, ordinance, permit, or regulation, it is unlawful and a public nuisance for any person to sit, lie down, or sleep in or on the following:
1. Public property, with the exception of parks.
2. Parks; provided however, sitting is allowed during hours that a park is open to the public.
3. Outdoor areas of private property; provided however, such prohibition shall not apply to the owner or tenant of private property engaging in otherwise legal activity at property that they own or lease.
B. In addition to any other remedy provided herein or under law, any person found in violation of this section may be immediately removed from the premises.
12.24.040 Use of vehicles for human habitation prohibited.
A. No person shall use or occupy any vehicle for human habitation on public property or private property. Habitation shall be deemed to exist when it reasonably appears, in light of all circumstances, that a person is using a vehicle as a place of residence or accommodation. Relevant facts will include, without limitation, sleeping, cooking, eating, or resting in a vehicle, either singly or in groups, possession inside or on a vehicle of items that are not associated with ordinary vehicle use, such as a sleeping bag, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, or bodily fluids.
B. Nothing herein precludes the enforcement of any other laws, including, without limitation, parking restrictions.
12.24.050 Camping on public property restricted.
A. It is unlawful and a public nuisance for any person to engage in the following on public property:
1. Establish, maintain, or operate a camp or occupy camp facilities, including, without limitation, a tent or similar temporary shelter or improvised make-shift structure from random items; or
2. Utilize camping equipment or camping paraphernalia, while camping or occupying camping facilities.
"Establish" means setting up or moving camping equipment or camp paraphernalia on such property to camp or operate camp facilities. "Maintain" means keeping or permitting camping equipment or camping paraphernalia on public property in order to camp or operate camping facilities. "Operate" means participating or assisting in establishing or maintaining a camp or camping facilities.
B Camping may, however, be permitted at park and recreation facilities m conjunction with any city sponsored and approved event.
C. The use of park restroom facilities shall be available to all patrons. Camping and/or sleeping in park restroom facilities would interfere with the public's use of such facilities, and, therefore, camping, sleeping, and lying down in park restroom facilities is prohibited. This chapter shall not be interpreted to allow the public use of city restroom facilities that are normally reserved for the use by city employees.
12.24.060 Camping on private property restricted.
A. Except as provided in this section, it is unlawful and a public nuisance for any person(s) to establish, maintain, or operate a camp or occupy camp facilities, and to utilize camping equipment or camping paraphernalia while camping or occupying camping facilities on private property not zoned for such activity or otherwise authorized by the necessary land use entitlement(s) for such activities.
B. Nothing contained herein shall, however, prohibit camping on private property by the owner or tenant of such property if such activity is a permitted use under and satisfies the requirements of Title 17 of this code and all health and sanitation requirements of the State of California and Kings County.
12.24.070 Trespassing on business premises prohibited.
A. Restrictions.
1. No person shall willfully remain on any business premises, whether indoors or outdoors, after being notified by the owner, tenant, or other person in charge thereof to leave.
2. No person, without permission, express or implied, of the owner, tenant, or other person in charge of business premises, shall enter upon such premises after having been notified by the owner, tenant, or other person in charge thereof to keep off or to keep away from the business premises.
3. The notification referred to in Subsection 1. and 2. above may be given orally or in the form of a written notice, posted in any conspicuous place, and, in either case, the notice shall identify the prohibited area and the time period, if limited, during which such prohibition remains in effect.
B. Exceptions. This section shall not apply to any of the following instances:
1. When its application results in, or is coupled with, any act prohibited by the Unruh Civil Rights Act, or any other provision of law relating to prohibited discrimination against any period.
2. When its application results in, or is coupled with, an act prohibited by California Penal Code Section 365 or any other provision oflaw relating to the duties of innkeepers.
3. When public officers or employees are acting within the course and scope of their employment or in the performance of their official duties.
4. When the application would result in an interference with or an inhibition of any exercise of a constitutionally protected right of speech or assembly.
12.24.080 Storage of personal belongings prohibited.
A. It is unlawful and a public nuisance for any person to store personal property, whether attended or unattended, on: (i) city-owned or -controlled property, except as otherwise approved in writing by the city manager or designee or by ordinance or resolution of the city council; or (ii) other public property without the written consent of the entity that owns or controls such property. Personal property stored in violation of this section may be impounded pursuant to the requirements of this section.
B Unless specifically authorized by the chief of police, the city manager, or their designees in writing, no person shall possess at any public property: (i) any bulky item; or (ii) personal property that cumulatively exceeds the amount of property that could fit in a sixty ( 60) gallon trash receptacle with lid closed. Such limitations shall not, however, apply to the city or other public entity that operates or is responsible for public property.
C. It is unlawful and a public nuisance for any person to store personal property, whether attended or unattended, on private property not owned or leased by such person, unless:
(i) approved in writing by the owner or lessee of the property; (ii) such storage does not endanger the health or safety of the public; and (iii) is otherwise permitted under this code. Personal property stored in violation of this section may be impounded pursuant to the provisions of this section.
D. The chief of police, the city manager, and their designees, are authorized to impound personal property pursuant to the provisions of this section and shall make provisions for the receipt and safekeeping of personal property coming into his or her possession pursuant to this section.
E. Notice Prior to Impoundment.
1. Stored personal property or personal property violating this chapter may be impounded without notice ifthere is a reasonable belief that it is abandoned, presents an immediate threat to public health or safety, is evidence of a crime, is evidence in a criminal investigation, or is contraband. Unattended personal property shall not be assumed to be abandoned and determination of whether personal property has been abandoned shall occur in accordance with federal and state law.
2. In matters in which subsection E. l. does not apply, personal property unlawfully stored on public or private property or personal property that otherwise violates this section shall be impounded only after a notice is posted on each tent, if tents are present, and in other distinct areas in the vicinity of the personal property at least seventy-two (72) hours prior to the commencement of abatement efforts, which advises that the personal property will be impounded if it is not removed. This notice will specify the following:
You must remove your belongings from the site by ____ a.m./p.m. on _______ , 20_. You should not leave behind any belongings you want to keep. All belongings left behind may be removed by the City within forty-eight (48) hours of the time specified above. The City will post an Impound Notice for the belongings that the City takes and stores during the clean-up process.
If you wish to reduce the risk of losing valued belongings, you should try to keep those belongings on your person at all times, at a storage facility, or in visible, sanitary, and safely accessible bags or bins.
Belongings that are hazardous, likely to become hazardous while stored, contraband and stolen items, or which pose a threat to public health and safety will be subject to immediate disposal by the City.
If your belongings are impounded, you can claim them by following the directions on the Impound Notice after the clean-up is completed. Information about how to claim you belongings is also available on the City's website. You may retrieve any impounded belongings without being asked about your criminal background or outstanding warrants.
The chief of police, the city manager, or their designees shall conduct abatement of a site at the time specified in the notice. If abatement is delayed or rescheduled, the chief of police, the city manager, or their designees may conduct abatement within forty-eight ( 48) hours of the time specified in the notice without posting a new notice. If abatement does not occur within forty eight ( 48) hours of the time specified in a notice, the chief of police, the city manager, or their designees shall post a new notice prior to engaging in abatement activities.
3. Notwithstanding the provisions of subsection E.2., the chief of police, the city manager, or their designees may engage in expedited abatement by giving the required pre impound notice a minimum of three (3) hours prior to the commencement of abatement efforts if:
(1) the City receives direction from the County of Kings or other governmental authority that abatement is necessary to preserve public health or safety; or (2) the chief of police, the city manager, or their designees observe or reasonably suspect that personal property creates a significant risk to public health or safety or a significant risk of property damage.
F. If, at the time specified in a notice required by subsection E. above, personal property remains unlawfully stored on public or private property, that personal property may be impounded in accordance with the process identified below.
1. The chief of police, the city manager, or their designees shall document the abatement and impoundment process as follows:
a. Photograph or video record the site before any abatement begins; b. Open backpacks, purses, suitcases, and other containers to determine whether they contain items eligible for storage;
c. Set out items in backpacks, purses, suitcases, and other containers and photograph or video record the items;
d. Photograph or video record all items to be stored or which will be subject to immediate disposal;
e. Photograph or video record the cleanup process; and
f. Photograph or video record the site after abatement has concluded.
G. Personal property taken by the city during cleanup occurring pursuant to this chapter shall be stored unless it meets one (1) of the following disqualifying conditions:
1. Hazardous, including, without limitation, explosives, flammables, toxins, weapons, drug paraphernalia, or items contaminated with human waste, animal waste, insects, hazardous liquids, or mold;
2. Likely to become hazardous in storage, including perishables, wet material that may become moldy, and items covered in mud;
3. Contraband or stolen; or
4. Pose a threat to public health or safety or may become a threat to public health or safety during storage.
H. After abatement has concluded and when personal property is collected for impoundment, the chief of police, the city manager, or their designees shall post an Impound Notice at the location of the abatement that includes information on how a person can retrieve impounded items. Information about retrieval of impounded items shall also be available on the City's website.
I. Personal property impounded by the city pursuant to this section shall be retained for a period of at least ninety (90) days. If the personal property consists of money, it shall be deposited with the city's finance director or designee for a period of not less than ninety (90) days, unless sooner claimed by its owner. Personal property not claimed within ninety (90) days of the impoundment date shall be deemed to be abandoned personal property and will be subject to disposition as provided in this section.
J. During the time that any personal property is held by the city, it may be delivered or paid to its owner as follows:
1. The personal property shall be delivered upon proof of ownership satisfactory to the chief of police, the city manager, or their designees. A person may retrieve impounded items without inquiry into the person's criminal background or outstanding warrants.
2. If the personal property consists of money, it shall be paid to the owner upon written order from the chief of police, the city manager, or their designees to the director of finance. The chief of police, city manager, or their designees shall make such order upon the same proof of ownership and with the same notice as prescribed in the case of other personal property.
3. If ownership cannot be determined to the satisfaction of the chief of police, the city manager, or their designees, he or she may refuse to deliver the personal property or refuse to order the payment of such money to anyone until ordered to do so by a court of competent jurisdiction.
K. Upon expiration of the ninety (90) day impoundment period, any personal property held by the city that is not retrieved by the owner shall be deemed abandoned and may be appropriated for use by the city upon order of the city manager or his or her designee, upon finding that the personal property is needed for a public use. Any personal property not appropriated for city use may be disposed of at the discretion of the city manager or his or her designee. All unclaimed money received by the city and not delivered to the owner during the ninety (90) day impoundment period shall thereafter be deemed abandoned and deposited in the general fund.
L. The provisions of this section shall not apply to personal property that is: (1) subject to confiscation pursuant to state or federal law; (2) evidence of a crime; or (3) evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law.
12.24.090 Fires prohibited. /
No person shall kindle or build a fire in park and recreation facilities or other publicly-owned or -controlled property, including within any portable fire rings, receptacle, or park amenity for the purpose of creating or containing a fire, unless a fire is allowed by the city in conjunction with any city sponsored and approved event. A fire that is lighted and maintained in a barbeque grill being utilized for cooking purposes only, and only in designated areas, shall, however, be exempt from this prohibition. Installed park grills are designed for charcoal-based cooking, and no other flammable material may be used in them. Grill fires shall be completely extinguished before leaving the park/recreation area. Fires solely for the purpose of personal warmth are not allowed, and park grills shall not be used as a trash receptacle.
12.24.100 Littering, personal waste, and dumping prohibited.
A. Trash receptacles at parks are provided for trash related to park activities. Park users shall deposit their trash in designated receptacles.
B. It is unlawful for any person to enter, occupy, or sleep in any trash receptacle or trash enclosure within the city.
C. No person shall bring and leave refuse, furniture, or surplus material from another property, including home-based litter and refuse and/or business-related refuse, for the purpose of dumping it in any public property or private property.
D. No person shall deposit or cause to be deposited urine, fecal matter, or other bodily discharges on or at public property, with the exception of the normal use of designated restrooms.
Park and recreation facility restrooms and washrooms that are designated single-use, unisex facilities, are to be used by one person at a time for their designated purpose and for a reasonable time period. This rule shall not, however, apply to children under the age of eight (8) years, or
persons with special needs, who may be accompanied by a person responsible for that child or person.
12.24.110 Resource protection.
A. Natural Features. It is unlawful for members of the public to engage in any of the following acts within any city park or facility:
1. Cut, pick, mutilate, or destroy any vegetation.
2. Introduce any flora or fauna.
3. Pick, dig up, cut, mutilate, destroy, injure, disturb, move, molest, bum, or carry away any tree, or plant, or portion thereof, including, but not limited to, leaf mold, flowers, foliage, berries, fruit, grass, fem, turf, humus, shrubs, cones, and dead wood.
4. Place upon, attach, or secure to any tree, plant, shrub, rock, or other natural feature any rope, wire mark, writing, printing, card, display, placard, or object.
B. Geological Features. It is unlawful for any member of the public to engage in the following acts within any city park or facility:
1. Remove, cut, dig, or disfigure any soil, rock, or fossil.
2. Dig up, pick, remove, mutilate, injure, or collect any historical or archaeological artifact or object.
3. Disturb, deface, disfigure, mark on, or destroy any cave, rock formation, or any other naturally occurring feature.
4. Deposit any earth, sand, rock, stone, or other substance, or dig such materials from any area.
C. Water Features. It is unlawful for any member of the public to engage in the following acts within any city park or facility:
1. Throw, discharge or otherwise place or cause to be placed into any fountain, pond, basin, or other body of water any substance, matter, or thing, liquid or solid, including, but without limitation to, particles or objects made of paper, metal, glass, styrofoam, garbage, rubbish, rubber, fuel, food matter, wood, fiber, and plastics, human waste, or other polluting substances of any kind.
2. Discharge any wastewater, sewage, or effluents anywhere except m proper receptacles.
3. Receive, bring or cause to be brought into any park/recreation area any species that poses a threat to the waters of such facility.
D. Pesticides and Hazardous Materials. No person, with the exception of park personnel in the normal course of their duties, shall disperse or otherwise apply any pesticide or any other hazardous material within any city park or facility whether to the air, water, ground, or vegetation.
E. Propagation of Plants and Animals. No person shall receive, bring or cause to be brought into any city park any animals or plants from any place for the purpose of propagation.
F. Animals.
1. No member of the public, shall or attempt to molest, hunt, disturb, injure, trap, take, net, poison, harm, tease or kill any kind of wild or domestic animal, bird, or reptile, or their eggs or nests, or fish.
2. No member of the public shall release or abandon any animal, amphibian, bird, or reptile, dead or alive, within a city park.
G. Climbing. It is unlawful for the public to climb any trees or structures at any park/recreation area, which were not designed for climbing.
12.24.120 Animals and pets.
A. Animals in City Parks. A person may bring a dog or other animal into park/recreation areas subject to the following conditions, requirements, and mandates:
1. Dogs and other animals must be controlled by a leash not exceeding six ( 6) feet in length, or by a bridle, unless in an area specifically designated for such use (dog park). All domesticated dogs and cats are subject to H.M.C. Section 6.08.020 Restraint of Animals.
2. Dogs in a designated off-leash area must be at all times under the control of and visible to the owner or person in control of the dog.
3. It is unlawful to leave an animal unattended or abandoned in a park.
4. It is unlawful to allow an animal to be in any portion of a park/recreation area where specifically prohibited.
5. It is unlawful to keep or permit to remain in any park/recreation area any noisy, vicious, or dangerous animal, or an animal that unduly disturbs, bothers, inconveniences, or endangers other persons or animals.
B. Animal Waste. The owner or any person responsible for bringing an animal into any park or recreation facility shall be responsible for removing any waste or refuse left by that animal and shall deposit it in a proper receptacle.
12.24.130 Violation-Remedies.
A. A violation of this chapter is declared to be a public nuisance.
B. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be confined for up to one ( 1) year in the Kings County Jail and/or fined up to one thousand dollars ($1,000.00) per violation, plus payment of the costs incurred by the city for enforcing the provisions of this chapter.
1. Any individual charged with violation of this chapter, in lieu of being taken to jail may, at the election of the citing police officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment.
2. As an alternative to a fine or jail sentence, the city encourages the court to grant diversion or probation with a condition that the offender complete a rehabilitation program.
C. The city may institute civil actions or pursue administrative remedies, including, without limitation, the issuance of administrative citations, to abate or address a violation of this chapter.
D. With respect to any violation occurring at a park, an individual may be issued a written exclusion order by a law enforcement officer barring the individual from city parks for a period of one hundred eighty (180) calendar days, if within a one (1) year period, the individual:
1. Is issued two (2) or more citations for violating the provisions of this chapter; or
2. Is issued one (1) citation for violating any state law while in a park.
E. Nothing contained herein shall be interpreted to limit the remedies available to the city; rather, the city may pursue any remedies available under this code and/or state law to enforce the provisions of this chapter. Remedies shall be cumulative and non-exclusive.
12.24.140 Severability.
The city council declares that it would have adopted this chapter, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this chapter are severable, and, if for any reason any sentence, paragraph, or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter. The provisions of this chapter shall be enforceable only to the extent they are consist with then-current federal, state, and case law.