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ORDINANCE NO. 879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON ADDING CHAPTER 9.50, CAMPING WITHIN CITY LIMITS, TO TITLE 9, PUBLIC PEACE, MORALS AND WELFARE; AMENDING CHAPTER 12.24, PARK REGULATIONS, OF TITLE 12, STREETS AND OTHER PUBLIC PLACES; AMENDING SECTION 6.12.030, DEPOSITING OR BURYING OF GARBAGE PROHIBITED – EXCEPTIONS, OF CHAPTER 6.12, GARBAGE REMOVAL, OF TITLE 6, HEALTH AND SAFETY; AND AMENDING SECTION 9.43.040, ABATEMENT, OF CHAPTER 9.43, HEALTH AND HYGIENE, OF TITLE 9, PUBLIC PEACE, MORALS AND WELFARE OF THE PATTERSON MUNICIPAL CODE.
WHEREAS, a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and
WHEREAS, the shelter crisis is an immediate threat to the health, safety and welfare of the public, including encampment occupants; and
WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities; and
WHEREAS, in order to alleviate the hazardous conditions of encampments, it is necessary to authorize City personnel to conduct temporary clean and clear operations as necessary to protect the public welfare, health and safety of the community; and WHEREAS, regulation of the use of parks and recreation buildings in the City is also necessary to provide maximum enjoyment in the use of such parks and buildings, minimize the disturbance or interference with the use of surrounding areas, and protect the public welfare, health, and safety of the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PATTERSON ORDAINS AS FOLLOWS:
SECTION 1. Chapter 9.50, Camping Within City Limits, shall be added to Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code as follows:
Chapter 9.50 Camping Within City Limits
Sections:
9.50.010 Findings and purpose.
9.50.020 Definitions.
9.50.030 Relation to other laws.
9.50.040 Unlawful Camping.
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9.50.050 Storage of personal property in public places.
9.50.060 Property removal.
9.50.070 Property disposition.
9.50.080 Enforcement.
9.50.010 Findings and purpose.
The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing certain City personnel to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health and safety.
9.50.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter:
A. “Abandoned” shall mean any property that, based on words, act, or other objective indications, it is reasonable to conclude a person has relinquished ownership of.
B. “Camp” and “camping” shall mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
E. “Clean and clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.
F. “Personal effects” or “personal property” shall mean medication, eyeglasses, or other medical devices, a sanitary and non-verminous sleeping bag or bed roll, tents in usable and reasonably good condition, clean and non-verminous clothing stored in a manner protecting it from the elements.
G. “Store” shall mean to put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.
H. “Enforcement Officer” shall mean any code enforcement, peace officer, community resource officer, school resource officer, city official having authority to enforce this code, or designee.
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9.50.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Patterson Municipal Code or as otherwise permitted under law.
9.50.040 Unlawful Camping
It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia in the following areas (a) any park; (b) any street; (c) any public parking lot or public area, improved or unimproved; or (d) any private property, except as otherwise provided below:
1. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to not more than five (5) consecutive nights.
2. Nothing in this chapter is intended to prohibit or make unlawful activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and provided further, nothing is intended to prohibit or make unlawful activities of a property owner or other lawful user if such activities are expressly authorized by the City’s comprehensive zoning ordinance or other laws, ordinances and regulations.
3. The City Manager may issue a temporary permit to allow camping on public or private property in connection with a special event.
9.50.050 Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by resolution of the City Council: (a) any park; (b) any street; (c) any public parking lot or public area, improved or unimproved; or (d) any private property without the consent of the property owner.
Personal property placed in public areas shall be deemed to be stored personal property if it has not been removed from public areas within forty-eight (48) hours of service of written notice requiring such removal. If after removal the personal property is returned to the public area at any time thereafter, the violator shall be subject to citation.
9.50.060 Property removal.
Property that poses an immediate threat to life, health, or safety, or property may be immediately removed. For all other property, the enforcement officer may remove personal property unlawfully stored or found in a City park, any street, or any public parking lot or public area, improved or unimproved, as follows:
(a) The location of any personal property, including camp facilities and paraphernalia, shall be tagged and dated with a notice including the following:
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“It is illegal to store personal property in a City park, street, public parking lot, or public area, improved or unimproved. If this personal property is not removed by (specify at least forty-eight (48) hours from posting), or if after removal the personal property is returned to the public area at any time thereafter, THIS PERSONAL PROPERTY SHALL BE DEEMED
INTENTIONALLY ABANDONED AND SUBJECT TO REMOVAL AND
POSSIBLE DESTRUCTION.”
(b) In addition to the language prescribed in paragraph (a) of this section, the notice shall also include (1) a general description of the personal property to be removed, (2) the date and time the notice was posted, (3) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (4) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment. (c) The enforcement officer may remove any personal property still unlawfully stored or remaining after the posting period has expired.
(d) Post-removal notice. Upon removal of personal property, written notice shall be conspicuously posted in the area from which the personal property was removed. The written post-removal notice shall include (1) a general description of the personal property removed, (2) the date and approximate time the personal property was removed, (3) a statement that the personal property has been stored in violation of, (4) the location where the removed personal property will be stored, including a telephone number and the internet website of the City through which a person may receive information as to impounded personal property, and (5) that the impounded personal property may be discarded or destroyed if not claimed within ninety (90) days after impoundment. (e) Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.
9.50.070 Property disposition.
(a) Following removal of unlawfully stored or remaining personal effects, an enforcement officer shall:
(1) Maintain an inventory identifying the personal effects and where the personal effects were approximately located;
(2) Contact Code Enforcement personnel, who shall place the removed personal effects in containers labeled in a manner facilitating identification by the enforcement officer and owner and which reasonably protect such property from damage or theft; and (3) Code Enforcement shall store removed personal effects in an area designated by the City for a period of ninety (90) days.
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(b) If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, Code Enforcement shall release the stored property to the owner upon his or her identification of the property and the approximate location where the property was left by the owner.
(c) Unlawfully stored or found personal effects pursuant to this chapter remaining unclaimed at the end of ninety (90) days from removal shall be dedicated for public use and may be given for charitable use to a local nonprofit agency, placed for sale pursuant to this Code, or discarded.
9.50.080 Enforcement.
A. The violation of any provision of this chapter shall constitute an infraction punishable by:
1. A fine not exceeding two hundred fifty dollars for a first violation.
2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.
3. If any provision of this section shall be violated a third or more times within one year of the original violation, each such violation shall constitute a misdemeanor. a) Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
B. A violation of this Chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
SECTION 2. Chapter 12.24, Park Regulations, of Title 12, Streets and Other Public Places, of the Patterson Municipal Code, shall be repealed in its entirety and replaced with a new chapter that shall read as follows:
Chapter 12.24 Park Regulations
Sections:
12.24.001 Purpose.
12.24.002 Definitions.
12.24.003 Compliance required.
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12.24.010 Use of parks.
12.24.020 Private/public event permits and conditions.
12.24.021 Contents of permit applications.
12.24.022 Actions on permit applications.
12.24.023 Security requirements for activities held in City recreation facilities.
12.24.024 Right of appeal.
12.24.025 Alcoholic beverages.
12.24.026 Camping.
12.24.027 Closing of sections of parks.
12.24.028 Lost property.
12.24.029 Acts prohibited.
12.24.030 Liability insurance required.
12.24.031 Vehicle regulations.
12.24.032 Traffic and parking.
12.24.033 Advertising: Sale of merchandise.
12.24.034 Donations.
12.24.080 Water features in City parks.
12.24.090 Use of bike parks.
12.24.100 Enforcement.
12.24.001 Purpose.
The purpose of this chapter is to regulate the use of the parks and public facilities of the City in order to provide maximum enjoyment in the use of such parks and buildings and minimum disturbance or interference with the use of surrounding areas.
12.24.002 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. “Building” shall include those buildings, or any portion thereof, under the supervision of the City.
B. “Director” shall mean the staff person assigned by the City Manager or designee.
C. “Dog park” shall mean a fenced portion of public property that has been specifically designated for recreational use by dogs accompanied at all times by their owners or other adult persons having custody, care, and/or control.
D. “Park” includes, but is not limited to, Skateparks, Bike Parks, landscaped storm drainage basins, and trails.
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E. “Permit” shall mean a written permit for the exclusive use of a Park, public facility as provided for and defined in this chapter.
F. “Picnicker” shall mean a person on an outing or excursion with food usually provided by such person and eaten in the open.
G. “Vehicle” shall mean any wheeled conveyance, whether motor-powered, electric, animaldrawn, or self-propelled, including bicycles and any trailer in tow of any size, kind, or description, except baby carriages/strollers, wheelchairs, and vehicles in the service of the City Parks.
H. “Sound amplifying equipment” shall mean any machine or device for the amplification of the human voice, music, or any other sound. “Sound-amplifying equipment” shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. “Sound-amplifying equipment,” as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
12.24.003 Compliance required.
No person shall enter, be, or remain in any Park or public facility of the City unless he or she complies with all the applicable regulations set forth in this chapter and onsite facility rules.
12.24.010 Use of parks.
A. It is unlawful for any person to loiter, idle, wander, stroll, play or be in or upon any public Park within the corporate limits of the city between the hours of dusk to dawn of the day immediately following without a permit.
B. It is unlawful for any person to permit, allow or let any other person loiter, idle, wander, stroll, play or be in or upon any public Park within the corporate limits of the City between the hours of dusk to dawn of the day immediately following.
C. No Park or public facility shall be used or reserved by any team, league, organization, service club, lodges, local group or corporation for organized activities such as parties, sports games or special events unless granted a reservation or permit from the City.
D. The Director or his or her designee shall have the authority to regulate the activities in Park areas, when necessary, to minimize traffic congestion and to secure the maximum use of the Park facilities for the comfort and convenience of all and may limit the length of time such facilities, including picnic facilities, are used to avoid crowding. Visitors shall comply with any directions given by the Director to achieve this end. BBQs or tables and benches shall be used on the basis of “first come, first served” except in areas designated by “Reservation Only.”
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12.24.020 Private/public event permits and conditions.
Persons, services clubs, lodges, societies, teams, leagues, organizations or corporations, or other local groups are required to make a reservation with the City to use any reservable or nonreservable parks during the hours designated in section 12.24.010 of this chapter not later than fourteen days prior to the date upon which such activities are to take place.
A. Organized sports play and tournaments;
B. Special events/programs;
C. Private and public events;
D. Any groups over twenty people.
12.24.021 Contents of permit applications.
Applications for Permits allowing the exclusive use of a Park or Building, or portion thereof, shall be made on a form provided by the Director, shall contain the information specified by the Director, and shall be filed in the manner and at the times specified by the Director.
All Permit applications shall be signed by an authorized representative of the organization sponsoring the activity, and the organization shall be responsible for compliance with all the provisions of this chapter and the regulations established by resolution or by the Director and for all damages resulting from the conduct of the activity sponsored by the organization.
12.24.022 Actions on permit applications.
(a) The Director or his or her designee shall grant or deny such Permit application upon receipt and review of the application. The decision granting or denying such Permit application shall be made after the submittal and review of the application. (b) The Director or his or her designee, in granting the Permit application, may impose reasonable requirements and conditions concerning the use of the Park or public facility by the applicant. (c) The Director or his or her designee is hereby authorized to charge and collect a fee for:
(1) Participation in the Parks, Recreation and Public Facilities sports programs, classes, special events and activities; and
(2) For the use of City park(s) and/or public facility(ies); and (3) Cover the cost for staffing or equipment.
(d) The fee(s) authorized by this chapter shall be set by resolution of the Patterson City Council. (e) The Director shall deny the Permit application if he or she finds that:
(1) The proposed activity or use will unreasonably interfere with, or detract from, the promotion of the public health, welfare, safety, or recreation; {CW141990.2}
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(2) The proposed activity or use is anticipated to incite violence, crime, or disorderly conduct;
(3) The occupancy load of the Building will be exceeded; or (4) The request is unable to be accommodated.
12.24.023 Security requirements for activities held in City facilities. (a) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City facility [Park or public facility] shall provide, or cause to be provided, security for the activity based upon the maximum capacity of the building and subject to the review and approval of the Director, or his or her designee. The cost of such private security shall be borne by the person holding the activity.
(b) Every person operating, promoting, maintaining or conducting a permitted activity in or at a City Park or Building shall sign a detailed statement, under penalty of perjury under the laws of the State of California, declaring the nature and type of activity to be held in or at the City Park and the expected number of guests.
(c) The Director, or his or her designee, shall consider, but is not limited to, the following factors in setting the security requirements for an activity held in a City Park or public facility:
(1) The maximum capacity of the City recreation facility; (3) The hours during which the activity will be held;
(4) If private security will be provided, the credentials, reputation and practices of the proposed private security company;
(5) The dress and equipment used by the private security officers; and (6) Type of activity or event.
(d) In lieu of private security, the Director, or his or her designee, may request from the Chief of Police, active or reserve officers of the Patterson Police Services to provide security at activities held in City Parks or Buildings, the cost for which shall be borne by the person holding the activity and shall be paid to the City at least thirty (30) days prior to the date of the activity. (e) If alcohol is to be served at the proposed activity, the Chief of Police, or his or her designee, may establish conditions on the sale, distribution, use, and consumption of any alcoholic beverage. (f) For all rentals of parks and public facilities, the City requires at least one staff person on duty during the event. This staff would be in a city uniform and equipped with a communication radio/phone. His or her responsibility is to monitor the event and provide instruction and information on the proper use and care of said facility. He or she is not responsible for law enforcement responsibilities or event management and/or coordination.
12.24.024 Right of appeal.
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The Permit applicant may appeal the granting or denial of a Permit or any conditions placed on such permit or not placed on such permit by the Director to the City Manager, any subsequent appeals are subject to the appeal procedures as set forth in Chapter 1.36.
12.24.025 Alcoholic beverages.
The presence and/or the consumption of any and all alcoholic beverages shall be prohibited at all City of Patterson existing or future Parks.
Permission for the sale or distribution of beer and/or wine in conjunction with a special event Permit may only be granted by the Chief of Police of the City of Patterson.
12.24.026 Closing of sections of parks.
Any part of a Park or public facility may be declared closed to the public for all or specified purposes by the Director or his or her designee at any time and for any interval of time, either temporarily or at regular intervals.
12.24.027 Lost property.
Upon the discovery of lost property by Park users, the lost property shall be reported to the Patterson Police Department subject to the provisions for unclaimed property.
12.24.028 Acts prohibited.
No person shall do any of the following:
(a) Willfully mark, paint, deface, disfigure, injure, tamper with, or displace or remove any Building, bridge, table, bench, fireplace, railing, paving or paving material, water line or appurtenances, or other public property, and parents or guardian of any minor shall be responsible for all such damage;
(b) Litter, soil, or defile rest rooms.
(c) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any private or public service utility into, upon, or across such lands, except with the written permission of the Director or his or her designee; (d) Go upon any lawn, grass plot, or flower bed where such prohibition is indicated by a legible sign posted near or in the area;
(e) Picnic or lunch in a place other than one designated for such purpose; (f) Swim, bathe, wade, fish, or boat in any water of any fountain, pond, lake, or stream, except in areas designated for such purposes and so posted;
(g) Bring into any Park any material which, if spilled or spread, will be injurious to the turf or plant growth;
(h) Damage, cut, carve, transplant, or remove any tree or plant, or injure the bark, or pick the flowers or seeds of any tree or plant;
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(i) Attach any rope, wire, or other contrivance to any tree, plant, Building, sign or any other structure;
(j) Dig in or otherwise disturb any Park area or in any way injure or impair the natural beauty or usefulness of any area;
(k) Climb any tree or walk or stand on any monument base, fountain, railing, fence, or upon any other property not designated or customarily used for such purposes; (l) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot, or throw objects at any animal, reptile, or bird;
(m) Remove or have in his or her possession any wild animal, or any bird or fowl, or the eggs or nest or young of any reptile, wild animal, or bird (exception: City staff in the course necessary for their work);
(n) Use any amplification system or Sound Amplifying Equipment unless a Permit is first issued by the Director;
(o) Bring to, or drink in, a Park any alcoholic beverage, except as provided in this chapter; (p) Enter or remain in a Park while under the influence of intoxicating liquor or any drug; (q) Bring or have in his possession, or set off, or otherwise cause to explode or discharge or burn in a Park any fireworks, whether “safe and sane” fireworks or not, or other flammable or explosive material, or discharge such fireworks or throw them into any Park from land, or a vehicle, or Building adjacent thereto, except persons conducting a City-sponsored or supported public fireworks display;
(s) Set up tents or other temporary shelters for the purpose of camping, nor shall any person leave in a Park, after closing hours, any movable structure or vehicle to be used, or that could be used, for such purposes, such as a house trailer, motor home, camp trailer, or pickup camper, except as provided in this chapter;
(t) Having the control or care of any dog, suffer or permit such dog to enter or remain in a Park, unless the Park is posted for such use, and then only if it is led by a leash of suitable strength not more than six (6') feet in length. The person owning, controlling, or having the custody of such dog shall be jointly and severally responsible for all damages caused by such dog; (u) Lead, ride, drive, keep, or, let loose any animal, reptile, or fowl of any kind without a permit to do so from the Director or his or her designee;
(v) Make or kindle a fire for any purpose other than for cooking in designated BBQ, or burn wood in BBQ pits, except at places provided for such purpose, unless prior permission shall be obtained therefor from the Director or his or her designee, or leave a fire started by such person, or at his direction, or used by him until such fire is completely extinguished; (w) Enter an area or use any Building, equipment, fountain, pond, or pool posted as “Closed to the Public”;
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(x) Use, carry, or possess firearms of any description or air rifles, spring guns, bows and arrows, slings, or any other form of weapon potentially dangerous to wildlife or to humans or shoot into Park areas from beyond Park boundaries;
(y) Use or allow the use of powered model airplanes, drones or remote-control cars, except in areas designated for such use;
(z) Play or practice golf or use golf clubs in any area of a park or public facility; (aa) Play or engage in any game except at a place set apart for that purpose; (ac) Throw, discharge, or otherwise place in the waters of any fountain, pond, lake, stream, or other body of water in or adjacent to any Park, or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters;
(ad) Dump, deposit, or leave any bottle, broken glass, ashes, paper box, can, refuse, or trash, except in the receptacles provided for such materials; where such receptacles are not provided, all such materials shall be carried away from the Park by the person responsible for its presence and properly disposed of elsewhere;
(ae) Bring to, or operate in or on, or sail in or on, any water in any lake, pond, or stream any powered or nonpowered hobby or model boat, kayak or boats of any kind or floating devices except during special events having the prior approval of the City; (af) Bring to or have in such person’s possession any alcoholic or nonalcoholic glass beverage container or bottle;
(ag) Engage in the feeding of any wildlife within any park within the City or within any public property;
(ah) Smoke, chew, vape, or use any tobacco related products, or any other drug or drugs, within any Park within the City or within any public property; (ai) Sleep, lie down, sit or stand on top of picnic tables, trash receptacles or any structure not intended for such use; and
(aj) Fail to comply with any posted rules, regulations, or plans for the use or operation of a Park. (ak) To loiter or remain in Parks or public facilities when closed, including but not limited to:
whenever a Park shows a continuing pattern of the presence of persons fighting or challenging others to fight, or when persons disturb others by loud and unreasonable noise or music, or when persons are under the influence of an alcoholic beverage, drug or chemical substance, or any other designated public nuisance.
12.24.029 Liability insurance required.
Any person, society, lodge, organization, team, league, or corporation to whom a reservation or Permit is granted during the hours designated in Section 12.24.010 of this chapter shall be liable {CW141990.2}
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for any loss damage, or injury sustained by any person whatever by reason of negligence of the person society, lodge, organization, team, league, or corporation to whom permission is given.
If the conduct of the event or program, subject to the Permit, would constitute a hazard to public safety, the applicant shall provide the City with certificates of insurance evidencing bodily injury liability in an amount no less than One Million and no/100ths ($1,000,000.00) Dollars for each person, and Two Million and no/100ths ($2,000,000.00) Dollars for each occurrence, and property damage liability coverage in the amount of One Hundred Thousand and no/100ths ($100,000.00) Dollars for each occurrence and naming the City as additional insured. The Director or his or her designee may require additional coverage based on the risk to the City. Such certificates of insurance shall be filed with the responsible department prior to the granting of such Permit.
12.24.030 Vehicle regulations.
No vehicles of any kind (motor-powered, electric, animal-drawn) are allowed to operate inside any Park or future Park except ADA mobility devices, emergency vehicles and vehicles in service of the City, unless granted written permission by the Director or his or her designee.
12.24.031 Traffic and parking.
No person shall:
(a) Fail to comply with all the applicable provisions of the Vehicle Code of the State, in regard to equipment and the operation of vehicles, and the provisions of this Code; (b) Fail to obey all traffic officers and City employees authorized to direct traffic in the Parks; (c) Fail to obey all traffic regulations concerning the use of vehicles or caution, stopping, parking, and all other signs posted for control or to safeguard life and property; (d) Ride or drive a vehicle at a rate of speed exceeding fifteen (15) miles per hour, except upon roads designated by posted signs for different rates of speed; (e) Ride or drive any vehicle or bicycle on any area, except paved roads, bike paths or parking areas or other areas designated as temporary parking areas. A bicyclist may wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use; (f) Park a vehicle in other than an established or designated parking area or use a parking area in a manner not in accordance with the posted directions or the instructions of any attendant who may be present. Or utilizing the parking lot where the adjacent facility is closed; (g) Ride any other person on a bicycle, except where the bicycle is built for operation by more than one (1) person;
(h) Leave a bicycle in a place other than a bicycle rack where a bicycle rack is provided and there is space available; and
(i) Leave a bicycle lying on the ground or paving, or set against trees, or in any place or position where other persons may ride, drive, or trip over it or be injured by it. {CW141990.2}
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12.24.032 Advertising: Sale of merchandise.
No person in a Park, public facility or on public property adjacent to a Park shall do any of the following without prior permission from the Director or his or her designee:
(a) Expose, announce, advertise, call public attention to, or offer any article or food or drink for sale; nor shall he station or place any stand, cart, or vehicle for the transportation, sale, or display of any such article or food or drink in the Park or on public property adjacent to such Park; and (b) Paste, glue, tack, or otherwise post any sign, placard, advertisement, or inscription.
12.24.033 Donations.
The donation of plants, buildings, fountains, sculptures, ponds, pools, or any other item or funds for such item for any Park or public facility shall first be presented to the Director with final approval by the City Manager.
12.24.080 Water features in City parks.
No person over the age of eighteen (18) shall use a water feature located in any City Park except parents or other caregivers accompanying a juvenile aged seventeen (17) or younger.
12.24.100 Enforcement.
A. A. The violation of any provision of this chapter shall constitute an infraction punishable by:
1. A fine not exceeding two hundred fifty dollars for a first violation.
2. A fine not exceeding five hundred dollars for a second violation of the same ordinance within one year of the first offense.
3. If any provision of this section shall be violated a third or more times within one year of the original violation, each such violation shall constitute a misdemeanor. a) Any person convicted of a misdemeanor under the provisions of the Patterson Municipal Code shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail of the county of Stanislaus for a period of not more than six months, or by both such fine and imprisonment.
B. A violation of this Chapter is also a public nuisance. In addition to the remedies set forth in the Penal Code, the City Attorney may institute civil or administrative actions to abate a public nuisance under this Chapter or remedy any failure to comply with any of the requirements of this Chapter. A violation may be prosecuted by the City Attorney or the District Attorney. In any case where a violation is made a misdemeanor, the prosecuting attorney has the discretion to charge the violation as an infraction. The City may pursue any other legal remedies, criminal or civil, to address a violation of this Chapter.
{CW141990.2}
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SECTION 3. Section 6.12.030, Depositing or burying of garbage prohibited – Exceptions, of Chapter 6.12, Garbage Removal, of Title 6, Health and Safety, shall be repealed in its entirety and replaced with a new section that shall read as follows:
6.12.030 Unauthorized dumping on City or private property prohibited. (a) No person shall throw, drop, leave, dump, bury, place, or otherwise dispose of any garbage upon any property within the city limits of the City, either with or without intent to remove the same from such property; or upon any street, way, sidewalk, gutter, stream or creek or the banks thereof or any public place or public property within the city limits of the city; provided, however, that this section should not apply to any land used by the city for a disposal area. (b) No person shall dump, deposit or place, or cause or assist in the dumping, depositing, or placing, upon any private property, or any portion thereof, or in any garbage, organic container, other than the one (1) issued or assigned for their personal use, any waste or industrial refuse, as those terms are commonly known, used or defined in this chapter.
SECTION 4. Section 9.43.040, Abatement, of Chapter 9.43, Health and Hygiene, of Title 9, Peace, Morals and Welfare, shall be repealed in its entirety and replaced with a new section that shall read as follows:
9.43.040 Abatement.
A. The enforcement officer is authorized to carry out both one-time or routine clean and clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
B. Clean and clear operations require that affected occupants receive notice of the action at least forty-eight (48) hours prior to its scheduled time, in accordance with Patterson’s encampment management policy, as it may be amended from time to time.
C. Any property left at the campsite during the clean and clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that are safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety days.
D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses an immediate threat to public health and safety may also be discarded.
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this section unless an emergency makes notice and logging personal property infeasible.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or {CW141990.2}
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invalid for any reason, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Patterson hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 6. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, and publication of the Ordinance shall occur in a newspaper of general circulation at least fifteen (15) days prior to its effective date, or a summary of the Ordinance published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days prior to its effective date.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Patterson, held on the 3
rd day of December 2024, by __________________, who moved its introduction, which motion was duly seconded by ___________________. Said Ordinance was given a second reading at a regular meeting of the City Council held on the ___, day of __________, 2024, and after such reading, _________________ moved its adoption, seconded by , and said Ordinance was thereupon adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
ATTEST: APPROVED:
Aracely Alegre
City Clerk of the City of Patterson
Michael Clauzel
Mayor of the City of Patterson