§ 11-15-7 Emergency organization.
All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provisions of§ 11-15-6(A)(6), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-8 Emergency plan.
The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city council.
(Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-9 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 94-75, § 1, passed 6-21-94)
§ 11-15-10 Punishment of violations.
It shall be a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for any person during an emergency, to:
(A) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon them by virtue of this chapter.
(B) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder, or delay the defense or protection thereof. (C) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.
(Ord. 94-75, § 1, passed 6-21-94)
CHAPTER 16: ABANDONED PERSONAL PROPERTY AND ENCAMPMENTS § 11-16-1 PURPOSE.
(A) Publicly-owned or controlled property within the city should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for camping purposes
and/or for the storage of personal property interferes with the rights of others to use and enioy these public areas as they are intended and can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Additionally, the City Council finds that some of these public lands are environmentally sensitive and may be significantly damaged by unregulated human activity. (B) The purpose of this chapter is to maintain these public areas within the city in a clean, sanitary, safe and accessible condition; to adequately protect the health, safety, environment and general welfare of the community; and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens,= businesses and visitors in the city.
(C) Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public property or to prohibit 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. § 11-16-2 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. The process of documenting and collecting eligible items for storage, and removing and disposing of, recycling or reusing of waste at an encampment according to the process in§ 11-16-6.
CAMP. To pitch, erect or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates, outdoor sheltering for living accommodation purposes or for remaining outdoors overnight.
CITY. The City of Laguna Niguel, California.
CAMP PARAPHERNALIA. Personal property used to facilitate occupancy of an area and includes personal property typically associated with camping, such as tarps, cots, beds, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment, mattresses, couches, dressers or other furniture.
CITY MANAGER. The City Manager of the City of Laguna Niguel or their designee(s). This can include, but is not limited to, the Orange County Fire Authority, the Orange County Sheriff' s Department, personnel from the City Code Compliance Division and other city employees designated by the City Manager as having authority to enforce this chapter.
ENCAMPMENT. One or more temporary, makeshift or hand-built structures not intended for long-term continuous occupancy, including tents, that are used to shelter one or more persons or their belongings and that are not authorized by the property owner. ENCAMPMENT includes any camp paraphernalia and personal property associated with or located in or around the structures or tents.
OPEN SPACE. Any undeveloped public property, either primarily in its natural state, including canyons, bluffs and unimproved waterways, or that is held out by the city or used by the public for passive recreational purposes, conservation, habitat preservation or that maintains or enhances the conservation of natural or scenic resources.
PARK. Any public property, whether developed or undeveloped, held out by the city or used by the public for active or passive park or recreation uses, including adjacent buffer lands and natural areas and any adiacent parking lots and perimeter sidewalks.
PUBLIC PROPERTY. Any real property or easement owned, operated or managed by the city.
SHELTER. Any city-funded shelter or shelter provided by the city for shelter placements where individuals or families experiencing homelessness can access beds and other services or an area designated by the City Manager for use by individuals or families experiencing homelessness.
UNATTENDED. No person is present with the personal property who asserts or claims ownership of the personal property.
WASTE. Any rubbish, solid waste, liquid waste, infectious waste or medical waste. WASTE also includes abandoned or unidentified personal property that is left unattended on public sidewalks and rights-of-way or other public property. WASTE does not include compost piles, composting or recyclable material properly contained and disposed of in a timely fashion.
WATERWAY. All natural or artificial waterways, including, but not limited to, Aliso Creek, wetlands, flood control channels and any other significant water features located within the boundaries of the city. § 11-16-3 PROTECTION OF WATERWAYS.
It is unlawful for any person to do any of the following:
(A) Build or erect a structure of any type along the banks of any waterway, or drive a nail or other object into any tree or other natural area vegetation for the purpose of building an encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(Bl Move boulders or large rocks, destroy vegetation, paved roads or paths created by the city, or otherwise reconfigure the natural landscape in the waters of or along the banks of a waterway; (C) Drive, park or bring any vehicle along the banks of a waterway, except in places specifically provided and designated for vehicular use;
(D) Dig on the banks of a waterway; or
(E) Discharge or store waste, including garbage, refuse or human or animal waste, along the banks or into the waters of a waterway.
§ 11-16-4 ABANDONED PERSONAL
PROPERTY.
(A) (1) Any unattended personal property or possessions located on public property whose owner cannot be readily identified are presumed to be abandoned and are subject to removal pursuant to California Civil Code§ 2080.7. Enforcement officials shall make a reasonable effort to ascertain whether the unattended personal property or possessions have been abandoned and, if so, to thereafter cause their removal. Any personal property or possession found during the abatement process outlined in § 11-16-6 shall first be stored as required by that section.
(2) In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s). including whether the personal property is unattended and lacks objective signs of abandonment. Examples of objective signs of abandonment include, but
are not limited to, items located in gutters, placed adiacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings or a bag of clothes that is open and strewn across a sidewalk.
{B) Notwithstanding the foregoing, unattended personal property or possessions that present a health and safety risk, such as items that are unsanitary, soiled or verminous, may be summarily abated and destroyed. Unattended personal property or possessions that are not summarily abated or destroyed under this section may be disposed of or recycled by the City Manager or donated for reuse. § 11-16-5 ENCAMPMENTS OR SLEEPING ON
CITY PROPERTY.
(A) It is unlawful for any person to camp or maintain an encampment in or upon any public property, including in any street, right-of-way, parking lot, sidewalk, easement, waterway, banks of a waterway or open space, unless specifically authorized by the City Manager.
(B) No person may sleep on any public sidewalk, street, alleyway, median, parkway or right-of-way, or in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk at any time as a matter of individual and public safety.
(C) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment or sleep, where such activity poses:
(1) An immediate threat or an unreasonable risk of harm to any natural person; (2) An immediate threat or an unreasonable risk of harm to public health or safety; or (3) Disruption to any business, store, religious institution, educational facility or government services. (D) At all times, regardless of the availability of shelter space or beds, it is unlawful for any person to camp, maintain an encampment or sleep in the following locations:
(1) Within two blocks of a school that offers instruction on those courses of study required by the California Education Code or that is maintained pursuant to standards set by the California Board of Education; provided that signs are posted prohibiting camping that are clearly visible to pedestrians. School, for purposes of this section, does not include a vocational or professional institution of higher education, including a community or iunior college, college or university;
(2) Within two blocks of any shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians;
(3) In any open space, waterway or banks of a waterway; (4) Within any transit hub or bus shelter, or along any rail tracks provided that signs are posted prohibiting camping that are clearly visible to pedestrians; and
(5) In any park where the City Manager determines there is a substantial public health and safety risk and provided that signs are posted prohibiting camping that are clearly visible to pedestrians. For purposes of this division (D)(S), the definition of park does not include open space, as defined in § 11-16-2.
§ 11-16-6 ABATEMENT.
(A) The City Manager may remove personal property, camping paraphernalia and all other property, contraband, litt er and waste found at an encampment or at a location where a person is engaged in unlawful camping in compliance with the following procedures.
(B) (1) A written notice of clean-up will be posted on each tent or structure and in any other distinct areas of the encampment providing notice of the date of clean-up and giving a minimum of 48 hours for persons to remove their personal property. The written notice will include the following statement, which may be updated by the City Manager as necessary to provide accurate and current information:
"You must remove your belongings from the site within 48 hours. You should not leave behind any belongings you want to keep. All belongings left behind will be removed by the City of Laguna Niguel. The City will post a Notice, in English and Spanish, if belongings are stored during the clean-up process. If you wish to minimize the risk of losing valued belongings, you should try to keep those belongings on your person at all times, in a storage facility, or in visible, sanitary, and safely accessible bags or bins.· If you think your belongings were stored, you can claim them by following the directions on the Notice after the clean-up is complete."
(2) After 48 hours, the City Manager is authorized to conduct abatement of the site on the date posted on the notice of clean-up. If abatement is delayed longer, the City Manager shall repost a notice of clean-up with a new date.
(C) The City Manager shall follow these additional procedures when persons are present at an encampment during abatement.
(1) When shelter is available, the City Manager shall evaluate reasonable requests for additional time or assistance to remove items and may accommodate those requests to the extent practicable. (2) Any person who returns to an encampment during abatement shall be allowed to remove their personal property from the site. Personal property left behind will be deemed abandoned. (3) Any person arrested for a criminal offense or an outstanding warrant shall not be required to abandon personal property they identify as their own upon their arrest. Unless the person requests the personal property be discarded or entrusted to another, all personal property on their person or of apparent value will be taken to the City Police Department for impoundment in accordance with existing policy and procedure. Where the owner of the items cannot be readily identified or discovered, the City Manager shall follow the abatement process in this chapter.
(D) The City Manager will document and coordinate the abatement process as follows:
(1) Photograph or video record the site before any abatement begins; (2) Open backpacks, purses, suitcases and other small storage containers to determine whether they contain items eligible for storage;
(3) Set out items contained in bags or suitcases, and photograph the items;
(4) Photograph or video record all items to be stored;
(5) Photograph or video record the cleanup process;
(6) Photograph or video record the site after abatement has concluded; and (7) Create a written inventory of each eligible item to be stored, including the date of removal, location it was found, the date of storage and a general description of the property. Any stored items shall be kept in storage at least 90 calendar days and then may be disposed of, recycled or reused following the process in § 11-16-4. (E) (1) Unclaimed items found in abatement shall be eligible for storage if:
(a) Circumstances indicate that the item belongs to a person; (b) The item has apparent utility in its current condition and circumstances; and (c) The item can be safely retrieved from the site.
(2) Examples of items potentially eligible for storage include identification and associated paperwork, medication stored in medication bottles with identifying information, art, art supplies, musical instruments and items that reasonably appear to have sentimental value in their current condition. An item need not be in a new or perfect condition to have apparent utility.
(F) Notwithstanding the foregoing, an eligible item found during an abatement shall be put into storage, unless it meets one the following disqualifying conditions:
(1) Hazardous property, including items contaminated with human waste or bodily fluid, soiled items likely to expose others to disease, animal waste, or bugs, explosives, weapons, liquids, drug paraphernalia or mold; (2) Property likely to become hazardous in storage, including perishables, wet materials that might become moldy and items covered in mud:
(3) Property that is practically un-storable, due to large size, weight or other similar characteristic; (4) Contraband or stolen property: or
(5) Property on the City Manager's current list of common types of items that, in the experience of city staff, individuals regularly abandon during abatement, and there is no contrary indication as to the specific item. (G) After abatement has concluded and when eligible items are collected and will be placed in storage, the City Manager shall post notices, in English and Spanish, at the location of the abatement that includes information how a person can claim stored items. Information about retrieval of stored items shall also be available on the city's website. A person may retrieve stored items based on a description with suff icient specificity to demonstrate ownership or proof of identification. A person may retrieve stored items without inquiry into the person's criminal background or outstanding warrants.
(H) In an expedited abatement, the City Manager shall follow the same abatement and storage procedures in this section but shall post a notice of clean-up, in English and Spanish, giving a minimum of three hours for all persons to remove their personal property. The City Manager shall prioritize and expedite the removal of an encampment it
(1) The city receives direction from the county or other governmental authority that abatement of the encampment is necessary to preserve public health or safety, including to address known or suspected outbreaks of diseases; or
(2) The City Manager observes or reasonably suspects the encampment creates a condition that presents a significant risk of property damage, bodily injury or death. § 11-16-7 ENFORCEM ENT AND ADM INISTRATIVE REGULATIONS. (A) Violations of this chapter may be prosecuted as misdemeanors subject to the fines and custody provisions in §§ 1-1-19 and 1-1-22.
(B) The City Manager and Police Chief shall each have the authority to, and may, issue administrative regulations in order to implement the administration and enforcement of this chapter. Such regulations may include, but not be limited to, processes for the provision of information regarding housing and other social services prior to citation or arrest of individuals, as well as a process for determining whether and how many shelter beds are available at a given time. Such regulations shall be posted and maintained on the City Police Department website.