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ORDINANCE NO. 880
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PATTERSON ADDING CHAPTER 9.54, PROTECTION OF CRITICAL INFRASTRUCTURE AND FIRE SEVERITY ZONES, TO TITLE 9, PUBLIC PEACE, MORALS AND WELFARE, OF
THE PATTERSON MUNICIPAL CODE
WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and
WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
WHEREAS, the City Council desires to regulate camping, the use of camping paraphernalia, and storage of personal property near critical infrastructure and fire severity zones to 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 9.54, Protection of Critical Infrastructure and Fire Severity Zones, shall be added to Title 9, Public Peace, Morals and Welfare, of the Patterson Municipal Code as follows:
Chapter 9.54 Protection of Critical Infrastructure and Fire Severity Zones Sections:
9.54.010 Findings and purpose.
9.54.020 Definitions.
9.54.030 Relation to other laws.
9.54.040 Prohibited activities.
9.54.050 Abatement.
9.54.060 Violation—Penalty.
9.54.070 Interference.
9.54.010 Findings and purpose.
The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with infrastructure that is critical to the {CW141987.2}
provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
9.54.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. " Camp” and “camping” 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, mobile homes, 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.
B. " Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. " Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
D. "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Manager designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas pipes, telecommunication centers, or water sources.
E. "Facility" means a building, structure, equipment, system, or asset.
F. "Fire prevention official" means the Fire Chief, or designee.
G. “Fire Severity Zones" means areas identified by CAL FIRE under California law based on the severity of the fire danger expected to prevail there. These zones are based on factors such as fuel, slope, and fire weather. There are three zones according to the increased fire hazard: medium, high, and very high.
H. "Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of, foodstuffs.
I. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
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J. "Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
K. " Refuse” includes garbage and rubbish.
L. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
9.54.030 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.
9.54.040 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
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C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents, the overnight camping is limited to the period that the owner has given their consent, and the overnight camping is not prohibited elsewhere in the Patterson Municipal Code. All overnight camping on private residential property within the City is also subject to applicable building and fire codes under the Patterson Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in the Patterson Municipal Code.
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by the Patterson Municipal Code or other laws, ordinances, and regulations.
9.54.050 Abatement.
A. Any violation of Section 9.54.040 may result in abatement of an occupant’s personal property after providing them with no less than forty-eight (48) hours’ written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure or a Fire Severity Zone.
B. Summary abatement without prior notice is warranted when exigent circumstances exist, and conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Patterson Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Title 1 of the Patterson Municipal Code.
9.54.060 Violation—Penalty.
A. The violation of section 9.54.040 shall constitute a misdemeanor punishable by:
1. For the first violation: a fine not exceeding five hundred dollars, 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.
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2. For subsequent violations: a fine not exceeding one thousand dollars, 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.
9.54.070 Interference.
In accordance with California Penal Code section 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
SECTION 2. 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 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 3. 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:
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AYES:
NOES:
EXCUSED:
ATTEST: APPROVED:
Aracely Alegre
City Clerk of the City of Patterson
Michael Clauzel
Mayor of the City of Patterson