San Marcos Municipal Code Chapter 10.33 - Encampments on City Property
10.33.100 Purpose
10.33.110 Definitions
10.33.120 Protection of Waterways
10.33.130 Unauthorized Encampments on Public Property
10.33.140 Private Property
10.33.150 Enforcement
10.33.160 Public Nuisance Declared
10.33.170 Notice and Removal of Personal Property in Public Areas
10.33.100 Purpose
This Chapter is intended to ensure that Public Property, as defined in this chapter, is not used in a manner that: (i) poses a risk to the life, health, or safety of persons in the City; (ii) damages the property; (iii) interferes with the availability or accessibility of the property to the City or other in tended users; or (iv) interferes wit h the rights of ot hers to use the property as it is intended to be used. The Cit y has found that the us e of Public Property for camping purposes, the storage of personal property, the establishment of shelter, or unauthorized parking, interferes with the rights of others to use and enjoy these areas as they are intended. In addition, such unregul ated human activity on Public Property may significantly damage its ecological value of or pose significant health and safety risks to users or the surrounding biology. The Council is committed to protecting the rights of individuals related to their personal property and to treating such property with respect and consideration. It is the purpose of this C hapter to set standards for the preservation and protection of human life, health, and safety, to further the preservation and protection of sensitive Public Property by preventing destruction of t hese assets, to ensure that Public Property is used for its intended purpos e and remains accessible to all residents, businesses, and visitors in the City, and to establish a process for the collection, storage, disposal, recycling, or reuse of personal property found on Public Property. Nothing in this Chapter is intended to interfer e with the otherwise la wful and ordinary use of Public Property.
10.33.110 Definitions
Camp or Camping means:
1) to reside on, occupy, or otherwise use any Public Property for living accommodation or habitation purposes, or to use one’s Personal Property to do so (e.g., tent, makeshift shelter, lean-to, vehicle of any kind, specifically including but not limited to, a camper, trailer, coac h, fifth wheel, or any other trailer or recreational vehicle, whether or not the vehicle is oper able), or to store one’s Personal Property on Public Property (including unauthoriz ed parking of any vehicle): and/or
2) to pitch, erect, use, or occupy an Encampment, or to use Camp Paraphernalia or both, for the purpose of, or in a way that facilitates, ou tdoor sheltering for living accommodation or habitation purposes, or for remaining outdoors overnight, on Public Property.
Camp Paraphernalia means Personal Property used to facilitate occupancy of an area and includes Personal Property typically associated with camping such as tarps, cots, beds, mattresses, sleeping bags, hammocks, bedding, camp stoves, cooking equipment, buckets, and similar equipment or it ems used for, or accessory to, Encampments, or camping outdoors; also included are, couches, dressers, or other furniture.
Encampment means one or more temporary, makesh ift, 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 City. Encampment includes any Camp Paraphernalia and Personal Property associated with or located in or around the structures, shelter, or tents.
Parks, Open Space, Recreation has the same definition as in Section 20.600.180.
Parkways has the same definition as in Section 20.600.180.
Personal Property means tangible personal belongi ngs or possessions, which shall include any movable or tangible thing that is subject to ownership and that can be seen, weighed, measured, felt, or t ouched, including, but not limit ed to, furniture, appliances, camping equipment, gear, and tools, C amp Paraphernalia, money, books, and vehicles of any kind.
Public Property means all real property that is owned or controlled by the City including, but not limited to, streets, alleys, parking lots, sidewalks, Parks, Open Space, Recreation, Waterways, natural areas abutting Waterways, improved or unimproved land, rights-of- way, Parkways, and easements.
Waste means materials of any nature that constitute garbage, solid waste, or rubbish, as those terms are defined in Section 8.68.020. Waste also means abandoned Personal Property that is left unattended in or upon Public Property, and human waste. Waste does not mean recyclable material properly contained and disposed of in a timely fashion.
Waterway means all the portions of San Marcos Creek, and its tributaries, and all drainage culverts and detention basins found within the boundaries of the City of San Marcos.
10.33.120 Protection of Waterways
(a) It is unlawful for any person to cause damage to a Waterway or its associated appurtenances, including, but not limited to, manholes and drainage culverts.
(b) It is unlawful for any person to do any of the following at any time:
(1) Camp, build or maintain an Encampment, or erect a structure of any type in any Waterway or along the banks of any Waterway, or drive a nail or other object into any tree or other natural area v egetation for the purpose of building an Encampment or any other structure, or to affix an object to any tree or other natural vegetation;
(2) move boulders or large rocks, destroy vegetation, paved roads or paths created by the City, or otherwise reconfigure the natural landscape in the waters, or along the banks, of a Waterway;
(3) drive, park, or bring any vehicle along the banks of a Waterway, except in places specifically provided and designated for vehicular use;
(4) dig on the banks of a Waterway; or
(5) store, house, or hold Waste along the banks, or into the waters, of a Waterway; illegal or illicit discharges or connections to the City’s storm water conveyance system are prohibited pursuant to Chapter 14.15, and subject to the enforcement procedures and remedies provided for in that Chapter.
10.33.130 Unauthorized Encampments on Public Property
It is unlawful for any person to Camp, or to build or maintain an Encampment, in or upon Public Property at any time, unless specifically authorized by the City, in writing.
10.33.140 Private Property
Nothing in this chapter is intended to prohibit the activities of an owner of private property or other lawful user of priv ate property that are normally a ssociated with, and incidental to, the lawful and authorized use of privat e property; and nothing is intended to prohibit the activities of a lawful user if such activi ties are expressly authorized by the City or by any law, regulation, permit, order or other directive from a regulatory authority.
10.33.150 Enforcement
Violations of this Chapter shall constitute misdemeanors and may be prosecuted as such subject to the fines and custody provisions in section 1.12.010.
10.33.160 Public Nuisance Declared
Any Encampment established in violation of this Chapter is declared to be a public nuisance, and the City is authorized to abate the nuisance and remove the Encampment, Camp Paraphernalia, and related facilities, as authorized by law.
10.33.170 Notice and Removal of Personal Property in Public Areas (a) Notice and Removal. In the event that unauthorized Personal Property is found on Public Property in the course of employment by an authorized City employee or contractor (examples of authorized employees include, but are not limited to , employees of the County of San Diego Sheriff’s Department, City code enforcement, employees or contractors of City Public Works Department, and other City employees properly trained to carry out this section), such employee or contractor shall leave notice with the owner of the Personal Property, or prominently displayed near the Personal Property. The notice shall contain all of the following information:
1. The requirement that the Personal Property be removed from Public Property;
2. The time frame that the proper ty owner has to relocate the Personal Property.
Such time frame shall not be less than 24 hours unless there is an immediate threat to the public health, safety, or welfare. Further, if the Personal Property obstructs and actually interferes with Public Property or the intended use of the Public Property, then this time frame may be shorter than 24 hours; provided, that if the property owner is present, they are first advised to cease the interference and/or to move the Personal Property causing the obstruction and they decline to do so;
3. A statement that, if the Personal Property is not removed within the time frame, then the City will remove and store the Personal Property consistent with this section. This statement shall also provide the location where the Personal Property will be stored;
4. If applicable, the nature and purpose of the cleanup;
5. If applicable, the date, time, and lo cations of the scheduled cleanup and/or removal of the Personal Property;
6. A citation to the applicable section of the municipal code or any other applicable law;
7. A statement of how the Personal Property may be reclaimed;
8. A statement that, if Personal Property is removed pursuant to this section, then such Personal Property may be subject to disposal by the City pursuant to this section after 90 days from the date of removal;
9. A phone number that the person ma y call for more information; and
10. Any other additional information as determined by the City and/or Sheriff’s Department.
After the time frame specified in the notice provided pursuant to this subsection (a), the Personal Property on the Public Property area may be removed, inventoried, stored, and disposed of by the City pursuant to this section. To the extent possible, the inventory list sha ll be provided to the property owner(s).
For any Personal Property removed, a notice shall be posted in a prominent place in the removal area advising where the Personal Property is being kept and when it may be claimed by its rightful owner. The notice shall contain the information required by subsections (a)(1) through (10) of this section and any other additional information as determi ned by the City and/or Sheriff’s Department. This notice shall include t he earliest date on which the removed Personal Property will be disposed of by the City pursuant to this section.
(b) Additional Signage for Removal of Personal Property. The City may determine what, if any, areas of the City suffer from blight due to storage of Personal Property on any Public Property, and erect signs in those ar eas containing the applicable information specified in subsections (a)(1) through (10) of this section so as to provide additional notice.
(c) Holding and Disposal of Stored Personal Property. Except as provided in subsection (a) of this section, found Personal Property shall be deposited and inventoried in a safe place for a period of at least 90 days and found money shall be deposited with the City’s Director of Financ e for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed Personal Property and subject to disposal as provided in this section, or as otherwise provided by law. Additionally, the City shall not be ob ligated to store Personal Property in excess of the City’s then-current overall storage capacity. In this case, the City may dispose of unclaimed Personal Property prior to 90 days, but will make reasonable efforts to contact the owner of such property prior to doing so. (d) Trash, Dangerous, or Perishable Personal Property . Any Personal Property coming into the possession of the City and/or Sheriff’s Department may be immediately disposed of without notice, in a manner that the City and/or Sheriff’s Department determines to be in the public interest, when such Personal Property is trash, perishable, contraband pursuan t to State or Federal law, and/or constitutes an immediate threat to the public health, safety, or welfare. (e) Additional Procedures. The City M anager may adopt additional notice and collection procedures, as necessary, to implement this section. (f) Applicability. To the extent known by the City or the Sheriff’s Department, the provisions of this section shall not apply to the following:
1. Personal Property or money subject to confiscation pursuant to State or Federal law;
2. Personal Property that constitutes evidence in an ongoing criminal investigation and/or civil proceeding pursuant to State or Federal law;
3. Personal Property that has been abandoned by its owner. Abandoned Personal Property may be disposed of forthwith.