Attachment A
O
RDINANCE NO. 2445
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE AMENDING IN PART CHAPTER 13.27 OF THE VICTORVILLE MUNICIPAL
CODE REGARDING THE REGULATION OF CAMPING OR STORAGE OF
PERSONAL PROPERTY IN PUBLIC AREAS
W
HEREAS, the City of Victorville (“City” or “Victorville”) has the authority to regulate and ensure the public health, safety, and general welfare; and W
HEREAS, it is the obligation of the City to keep its streets, sidewalks, public rights of way and public properties clean, free of obstructions, debris, accessible, and available for public use, and to protect the public health, safety, and access by City constituents; and W
HEREAS, camping in certain areas has created unsanitary, unhealthy, disorderly, and dangerous conditions often with the accumulation of rubbish and trash that often impact pedestrians, vehicular traffic, public safety responders, and create unsanitary conditions due to the presence of human waste located on pedestrian paths that impact the health and safety to the general public; and
W
HEREAS, the decision in Martin v. Boise (9th Cir. 2018) 902 F.3d 1031, (“Martin”) applies only to the issuance of criminal penalties for sitting, sleeping, or lying outside to persons experiencing homelessness who cannot obtain Shelter when additional, suitable locations to sleep or be are unavailable; and
W
HEREAS, the Ninth Circuit qualified its holding, expressly stating that it was not suggesting “that a jurisdiction with insufficient Shelter can never criminalize the act of sleeping outside. Even where Shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible.” (Martin, supra, at 1048, n. 8.) “[T]he opinion holds only that municipal ordinances that criminalize sleeping, sitting or lying in all public spaces, when no alternative sleeping space is available, violate the Eighth Amendment." (Ibid, citing Martin, supra, at 1035 [emphasis in original].); and W
HEREAS, in Johnson v. City of Grants Pass (9th Cir. 2023) 72 F.4d 868 (“Johnson”), the Ninth Circuit held that the prohibition on criminal sanctions in Martin applied to administrative citations issued to enforce similar ordinances in violation of the Eighth Amendment; and W
HEREAS, the City intends to act in compliance with the Martin and Johnson decisions by enforcing this Ordinance only after enforcement officials determine that there are current and suitable locations for uns heltered individuals to sleep or otherwise live within the City in accordance with City policies; and
W
HEREAS, the establishment and presence of Encampments on, in, near or within 500 feet of youth-serving facilities impacts the ability of to safely access public facilities by obstructing pedestrian pathways or sidewalks, which are commonly used by parents and children to frequently utilize these sites, as well as exposing children to dangerous activities and environments, such as drug use, unsanitary conditions, lewdness, nudity, etc.; and W
HEREAS, in the two-year period from January 1, 2021 to December 31, 2022, the Victorville Homeless Engagement and Outreach Team proactively contacted and offered Shelter and other services to 617 unhoused individuals, resulting in 260 unsheltered individuals accepting Shelter or services, permitting clearance of any debris left behind, with the remaining 357 unsheltered individuals vacating the area, often leaving behind extensive amounts of rubbish and debris to be cleared by city sanitation staff; and
W
HEREAS, in 2022, the City’s Sanitation and Code Compliance divisions removed a total of 626 tons of accumulated rubbish and trash from homeless Encampments throughout the City, resulting in approximately $38,000 in waste disposal expenses, and an additional $41,500 for 986 labor hours expended to clear 749 individual Camp sites and remove over 50 inoperative vehicles, for a total cost to the City of $79,500.00 in 2022; and W
HEREAS, wildfires are a frequent natural disaster in California, and when combined with accumulated rubbish from Encampments, caus e significant harm and loss to individuals, communities, wildlife, and great swaths of natural landscape and the frequency, duration and size of wildfires have increased over the last several decades; and W
HEREAS, the Mojave Riverbed Area, although located within the City limits, is not zoned for residential use and therefor e lacks adequate services needed to support a safe living environment, contains dense and often dry vegetation that can easily ignite and accelerate a wildfire, endangering the adjacent and densely populated residential units , mobile home parks and businesses located nearby; and
W
HEREAS, the Victorville Fire Chief has assessed the geographical conditions, is familiar with the frequency of Camping and Encampment activity within the Mojave Riverbed Area, as well as the related fire response calls, and has determined that the entire Mojave Riverbed Area creates an imminent fire hazard to Enc ampment occupants, adjacent residential units, adjacent businesses and fire personnel and equipment based on the rough terrain and lack of lighting to safely maneuver large emergency response apparatus; and W
HEREAS, uns heltered persons located in the Mojave Riverbed Area experiencing homelessness are often reliant on open or kindled fires for everyday survival activities, including cooking food and keeping warm, which can increase the risk of nearby brush catching fire and rapidly spreading to surrounding residences and businesses; and W
HEREAS, in the two-year period from January 1, 2021 to December 31, 2022, the City’s Fire Department responded to 384 calls for service, where 100 of those calls were related to medical emergencies and 284 calls were related to fires throughout the Mojave Riverbed Area; and
W
HEREAS, emergency responders encounter uneven, unstable, and steep terrain often at night with little to no light creating an unnecessary risk to police and fire emergency responders and to Encampment occupants; and
W
HEREAS, unsheltered individuals living in remote high-fire zones may miss emergency notifications and may experience challenges in safely evacuating; and W
HEREAS, the Mojave Riverbed Area is environmentally protected due to unique ecosystems and wildlife habitat that significantly limit the City’s ability to proactively clear overgrown or dry brush and vegetation; and
WHEREAS, persons experiencing homelessness frequent and Camp in Waterway s designed to move enormous amounts of water , resulting in severe and imminent hazards to life and safety for persons experiencing homelessness , outreach workers, and first responders including Victorville Fire and Police personnel; and
W
HEREAS, The California Department of Forestry and Fire Protection's Fire and Resource Assessment Program (FRAP) assesses the amount and extent of California's forests and rangelands, analyzes their conditions and identifies alternative management and policy guidelines; and
W
HEREAS, Fire Threat, according to FRAP, provides a measure of fuel conditions and fire potential in the ecosystem, representing the relative likelihood of “damaging” or difficult to control wildfire occurring for a given area; and
W
HEREAS, Fire Threat can be used to assess the potential for impacts on various assets and values susceptible to fire, and impacts are more likely to occur and/or be of increased severity for the higher threat classes; and
W
HEREAS, Fire Threat is a combination of two factors: 1) fire probability (the likelihood of a given area burning), and 2) potential fire behavior (hazard); when combined, these two factors create five Fire Threat classes ranging from low to extreme; and W
HEREAS, the FRAP Fire Threat Areas Map published in 2019 classified the Mojave Riverbed Area as a “High” Fire Threat Area; and
W
HEREAS, efforts to notify or evacuate unsheltered persons experiencing homelessness in high-risk fire zones and Waterways pose a clear and imminent danger to staff engaged in attempting to immediately contact uns heltered persons and Encampment occupants due to the significant fire fuel sources or presence of swift water located in the riverbed during fires or flash flood events to prevent or mitigate loss of, or damage to life, health, property and/or essential services; and
W
HEREAS, the 2022 Point-in -Time Homeless Count identified 455 Victorville residents experiencing homelessness, 224 of whom are unsheltered; and W
HEREAS, the 2023 Point-in -Time Homeless Count identified 607 Victorville residents experiencing homelessness, 317 of whom are unsheltered; and W
HEREAS, the City currently has a 92-bed interim Shelter where bed availability is verified daily by City staff, with additional Shelter beds available through community -based organizations that do not require adherence to religious beliefs or practices and do not infringe on other protected liberties; and
W
HEREAS, the City has increased its proactive outreach with respect to offering Shelter and supportive services to the uns heltered population and coordinating transport for entry to its 92-bed interim Shelter; and
W
HEREAS, the City’s construction of a 170-bed Wellness Center Campus is nearing completion, which will increase available Shelter beds and provide supportive services both at the Campus and the surrounding community , where bed availability will continue to be verified daily by City s taff and outreach efforts executed by City Homeless Engagement and Outreach Teams will continue by engaging uns heltered persons and coordinating entry to the Wellness Center Campus; and
W
HEREAS, the City Council, using its independent judgment, has determined that the Project will not have a significant effect on the environment and is categorically exempt from CEQA under CEQA Guidelines sections 15301(d) (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the Project would prohibit encampments in public areas that would ensure public facilities are maintained in a manner that meets current standards of health and safety and prohibiting camping and encampments in open space and near waterways would protect environmentally sensitive areas and reduce water pollution from unregulated human activity; and
W
HEREAS, City Council desires to protect the public health, safety, and welfare of its homeless and unsheltered individuals, first responders, residents, businesses, and visitors; and W
HEREAS, the City seeks to accomplish the aforementioned objectives in a manner that preserves the dignity and safety of all residents and in a manner calculated to promote compliance rather than enforcement.
N
OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY ORDAIN AS FOLLOWS:
S ection 1. Recitals
The r ecitals set forth above are true and correct and are hereby incorporated by this reference as if set forth in their entirety.
Section 2 . Additions, Deletions, and Revisions of Various Sections of Chapter
13.27 of Title 13 of the Victorville Municipal Code
That C hapter 13.27 of Title 13 of the Victorville Municipal Code be amended as follows:
C
hapter 13.27 CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS Sec. 13.27.010 Purpose.
The City has the authority to enact laws which promote the public health, safety, and general welfare of its residents and finds that certain public lands within the geographical boundaries of the City pose significant health and safety hazards to the people who make shelter or stay overnight in these areas and to adjacent residents and businesses operating near these areas.
Additionally, the City Council and the City Fire Chief find that some of these public lands are fire hazards due to dry vegetation, prone to wildfires and swift water, and pose significant life and property safety risks to unhoused and homeless residents, adjacent residents, and businesses caused by unregulated human activity. The Streets, Parks, and Public Areas within the City should be readily accessible and available to residents and the public at large. The use of these areas for Camping purposes or storage of Personal Property interferes with the rights of others to use the areas for which they were intended and poses risks to adjacent residents and business . The purpose of this chapter is to protect the health, safety, and general welfare of those individuals inhabiting these areas; to maintain Streets, Parks, and Public Areas within the City in a clean and accessible condition; to preserve and protect sensitive public lands to prevent destruction of these assets; and to establish a process for the collection, storage, and disposal, recycling, or reuse of Personal Property found in Encampments on public property.
Sec. 13.27.015 Definitions.
As used in this C hapter, the following words and phrases, when capitalized, shall have the definitions set forth in this Section. Words and phrases defined in this Section when used in the singular may include the plural and the plural may include the singular:
“Abatement” means the process of removing trash and debris, removing and disposing of, recycling, or reusing of waste at an Enc ampment according to the Enc ampment clearance process in section 13.27.040 and documenting and collecting eligible items for storage. "Camp" or “Camping” means to pitch, erect, or construct an Enc ampment remaining in the same area for a continuous period of time, not associated with ordinary recreational use of a specified location, or to use Camp Paraphernalia for the purpose of, or in a way that facilitates , outdoor sheltering for inhabitation purposes beyond 24 hours or for remaining outdoors overnight.
This excludes City facilities that limit use and occupancy as stated in the municipal code. "Camp Facilities" include, but are not limited to, tents, huts, or other temporary shelters used for habitation.
"Camp Paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, ham
mocks or non-city designated cooking facilities, clothing, shoes, jackets, tents, sleeping bags, bedrolls, blankets, sheets, pillows, luggage, backpacks, bikes, tools, jewelry, audio/visual equipment, cooking equipment, home furniture, chairs, utility carts, documents, and medications. “Enca mpment ” means one or more temporary, makeshift, or hand-built structures not intended for long-term continuous occupancy, including tents, or Camp Paraphernalia, that are used to s helter one or more persons or their belongings and that are not authorized by the property owner or connected to a permitted public event. “Mojave Riverbed Area” m eans all floodplains and levees of the Mojave River found within the boundaries of the City of Victorville.
"Open Space" means any undeveloped public property either primarily in its natural state, whether or not so designated by any land use or zoning ordinance, including desert, vacant lot, 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" means the same as defined in Section 14.04.020 of this Code, which states that a Park is a park, reservation, playground, recreation center, or any other Public Area in the city, owned or used by the city, and devoted to active or passive recreation, or a special taxing district. "Personal Property” means any property that is not real property in accordance with California Civil Code section 663.
"Public Area" includes but is not limited to Parks, Streets, and Public Parking Lots as defined in this section, as well as those areas open to public use, improved or unimproved. "Public Parking Lot" means any public parking area, including but not limited to those described in Chapters 12.60 and 12.64 of this Code.
“Sensitive Area” means any of the following areas:
(1
) O
n or within 500 feet 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 State Board of Education, provided that signs are posted prohibiting Camp ing that are clearly visible to students and pedestrians. For purposes of this definition, school does not include a vocational or professional institution of higher education, including a community or junior college, college, or university;
(2) On or within 500 feet of any Shelter ; provided that signs prohibiting Camping ar e pos
ted at least at the main entry or access point to the Shelter and are clearly visible to patrons and pedestrians;
(3) On or within 500 feet of any Open Space, Waterway, or banks of a Waterway; (4) On or within 500 feet of any Transit Hub or train tracks ; provided that signs prohibiting Camping are posted at least at one entry or access point to the area and are clearly visible to patrons and pedestrians; and
(5) On or within 500 feet of any City -owned or operated building or facility, including Parks; provided that signs prohibiting Camping are posted at every facility entry or access point and are clearly visible to pedestrians.
“
Shelter” means any City -funded Shelter or a Shelter provided as part of the Coordinated Entry System for placement of individuals or families experiencing homelessness to access beds and other services, or upon authority delegated to the City Manager by the City Council, an area specifically designated by the City Manager for use by individuals or families experiencing homelessness. A list of current Shelter s is provided on the City’s website and is available for public access.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Street" means the same as defined in Section 1.01.100( l) of this Code, which states that a Street includes all streets, highway, avenues, lanes, alleys, courts, places, squares, sidewalks, parkways, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property as designated in any law of this state. “Transit Hub” means a multimodal transportation station serving as a drop off and pickup location for multiple bus routes.
“Unclaimed Property” means any Personal Property that is held for safe keeping for a period of ninety (90) days and has remained unclaimed by the apparent owner of such property. "Waterway" means all the areas of the Oro Grande Wash including channels that connect to the Oro Grande Wash, and the Mojave Riverbed Area, as previously defined herein.
S
ec. 13.27.020 Unlawful Camping in public places.
(a) Unless otherwise permitted by law or permit, when Shelter is available, it is unlawful for any person to Camp; occupy Camp Facilities; erect an Encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities ; light or kindle a fire except in an appropriate containment device provided or approved for that purpose by th e Fi
re Chief or Building Official ; or use Camp Paraphernalia in the following areas, except as otherwise provided by resolution of the C ity Council and provided that notice of same is clearly and conspicuously posted at the areas:
(1
) Any Street;
(2) Any Park;
(3) Any Open Space;
(4) Any Waterway , including any portion of the Mojave Riverbed Area; (5) Any Public Area , or
(6) Any Public Parking Lot
.
(b
) At all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to Camp; occupy Camp Facilities; erect an Encampment; erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities; or use Camp Paraphernalia in any Public Area 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 vital government services.
(c) At all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to Camp, occupy Camp Facilities, erect an Encampment, erect, configure, construct, maintain, use, occupy, or allow to remain erected any Camp Facilities ; or use Camp Paraphernalia in any Sensitive Area as defined in Section 13.27.015.
S
ec. 13.27.025 Unlawful Camping in Waterways and Mojave Riverbed Area. (a) Unless otherwise permitted by law or permit and regardless of the availability of Shelter space or beds, it is unlawful for any person to do any of the following within Waterway s or S
ensitive Areas located within the City of Victorville City limits:
(1
) Camp, build, or erect a structure of any type along the banks of any Waterway, or drive a nai
l or other object into any tree or other natural area of vegetation 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, damage 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
;
(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, excavate, or compromise the integrity of the banks of a Waterway; (5) Discharge or store waste, including garbage, refuse, or human or animal waste, alon g the bank
s or into the waters or sediment area of a Waterway;
(6) Unless approved by the City Fire Chief or by a permit issued by a state or federal government entity, create, ignite, or make any fire including the use of any heat source used for cooking, heating, or warming;
(7) Camp, build, or erect a structure of any type in a Sensitive Area as defined in secti on
13.27.01 5.
(b) N othing in this section 13.27.025 is intended 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; and nothing is intended to prohibi t the ac
tivities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order or other directive from a regulatory authority.
S
ec. 13.27.030 Storage of Personal Property in public places. (a) U
nless otherwise permitted by law or permit, when Shelter is available, it is unlawful for any person to store Personal Property, including, without limitation, Camp Facilities and Camp Paraphernalia, in the following areas, except as otherwise provided by resolution of the Ci
ty Council:
(1)
Any Street;
(2)
Any Park;
(3)
Any Open Space;
(4)
Any Public Area, improved or unimproved, including any portion of the Mojave Riverbed Area; or
(5)
Any Public Parking Lot.
(b) A t all times, regardless of the availability of Shelter space or beds, it is unlawful for any person to store Personal Property, including, without limitation, Camp Facilities and Camp Paraphernalia, in the following areas, except as otherwise provided by resolution of the city council:
(1) Water way s
(2) S
ensitive Areas
(c) R
egulations relating to the storage of Personal Property on private property is covered in Title 16, Chapter 6, Article 13 of this Code
S
ec. 13.27.035 Abandoned Personal Property
(a)
Any Personal Property or possessions left unattended in or on any Public Area for a period l
onger than 24 hours and the owner cannot be readily identified or located, are presumed to be intentionally abandoned in accordance with California Civil Code section 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 the
r
emoval of said property. Any Personal Property or possessions found during an Abatement procedure shall be processed in conformity with Subdivisions (a)(1), (a)(5), (a)(6), and (a)(7) of Section 13.27.040 of this Chapter.
(b) U
nattended Personal Property or possessions that are unsanitary, soiled, verminous or c
reate an immediate hazard to pedestrians or vehicles may be summarily abated and destroyed. Unattended Personal Property or possessions that are recyclable may be disposed of in an appropriate manner.
(c)
Any Unclaimed Property, including unclaimed bicycles, shall be held in the possession of the City’s Code Enforcement Department for a period not exceeding ninety ( 90) days. Any Unclaimed Property remaining after that period may be destroyed.
Sec. 13.27.040 Abatement Procedures.
Abatement in Public Areas. When Shelter is available, the City Manager or designee may remove Personal Property, Camp Paraphernalia, and all other property, contraband, litter, and waste found at an Encampment or at a location where a person is engaged in unlawful Camping in Public Areas in compliance with the following procedures:
(a) N
otice of Clean-up Required Prior to Abatement. A Notice of Clean-Up (in English and
Spanish) will be posted on each tent or structure and in any other distinct areas of the Enc ampment providing notice of the date and time at which of A
batement/cleanup will occur and giving a minimum of twenty -four (24) hours for persons to remove their Personal Property . The City Manager or designee shall provide any persons at an Enc ampment with information related to Shelter s and services and direct them to remove their Personal Property (belongings) from the site.
The C
ity Manager shall evaluate reasonable requests for additional time or assistance to r
emove items and may accommodate those requests to the extent practicable. The written Notice of Clean-Up shall also include:
(1) A
statement that Personal Property located at the Encampment must be r
emoved from the site within twenty -four (24 ) hours and advising that Personal Property should not be left behind.
(2) A
statement indicating that the City Manager or designee may conduct the Abatement within seventy -two (72) hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up.
(3) A statement advising Encampment occupants of the date and time at which c
leanup will commence and advising Encampment occupants of the date and time by which all Encampment occupants must vacate the Encampment site and remove their items of Personal Property.
(4) A statement that Personal Property , including without limitation Camp Paraphernalia left behind will be cleared by the City (such description of P
ersonal Property may refer to an attached photograph).
(5) A
statement that Personal Property items deemed intact and of value will be s
tored by the City for ninety (90) days following the completion of the Abatement/cleanup and information as to where, when, and how and such Personal Property items so stored can be reclaimed.
(6) A
statement that the City will post a Notice of Completed Clean-Up in the event Personal Property is stored during the clean-up process. (7) A
statement that the Notice of Clean-Up may be updated and re-posted by the City Manager or designee to provide accurate and current information. (8) Infor
mation that access to Shelter or services, including access to stor age for
Personal Property, is available through the City of Victorville Code Compliance Department.
(b) Posting of Notice of Completed Clean-up. Once Abatement/cleanup of an Enca
mpment has occurred, following the giving of notice in accordance wi th the pr
ovisions of subsection (a) above, a written Notice of Completed Clean-up must be posted, in order to provide adequate notice. The Notice of Completed Clean-up must be pos
ted in accordance with the following rules:
(1) The Notice of Completed Clean-up must be posted immediately once the cleanup process has been fully completed.
(2
) The Notice of Completed Clean-up shall state the date and time at which the Encampment cleanup process was completed and shall provide information the former inhabitants of the Encampment as to where, when, and how they may reclaim any Personal Property that was removed and stored during the cleanup process.
(3) Posting of the Notice of Completed Clean-up must be in a prominent place and located within the same area that was cleared. For locations where there is no place to affix the notice, City staff will erect a signpost on which to post the N
otice of Clean-up and Completed Clean-up.
(4) Staff must document the posting of the site by taking a date-stamped photograph of all notices posted.
(5) Staff shall retain copies of all posted notices in accordance with the City’s adopted records retention policy
.
(c
) Delayed Cleanup. The City Manager or designee shall conduct Abatement/cleanup of the site on the date specified in the Notice of Clean-Up no sooner than twenty-four (24) hours after said notice is initially posted. If Abatement is delayed or rescheduled, the City Manager or designee may conduct Abatement within seventy-two (72) hours of the posted Notice of Clean-Up without reposting a new Notice of Clean-Up. If A
batement is delayed beyond seventy-two (72) hours after the initial posting of the N
otice of Clean-up, the City Manager shall repost a new Notice of Clean-up with a new clearance date.
(d
) Abatement Documentation. The City Manager or designee shall document the Abatement process as follows:
(
1) photograph the site before any Abatement begins,
(
2) open backpacks, purses, suitcases, and other small storage containers for purposes of safekeeping inventory and to determine whether they contai n i
tems eligible for storage,
(
3) set out items contained in bags or suitcases and photograph the items, (
4) photograph all items to be stored,
(
5) A photo of the cleanup process, and
(6) A photograph of the site after Abatement has concluded. (7) Contact appropriate law enforcement agencies in the event illegal or dangerous materials, or other evidence of criminal activity, are discover ed dur
ing an inventory search conducted for the purposes of safekeeping Personal Property.
(8) Staff shall retain copies of all Abatement documentation in accordance with the C
ity’s adopted records retention policy.
(e) Storage of Personal Property. Items found during an Abatement of any Camp site or Encampment shall be put into storage, unless they meet one of the followin g di
squalifying conditions:
(
1) items are hazardous, including items contaminated with human waste, animal waste, are soiled, or infested with bugs, explosives, weapons, liquids, dr
ug paraphernalia, or mold;
(
2) items are likely to become hazardous in storage, including perishables, wet materials that might become moldy, and items covered in m ud;
(
3) items are practically un- storable, due to large size, weight, or other similar characteristics;
(4
) items are shattered, crumbled, collapsed, or rendered inoperable due to m
issing components;
(5) items constitute contraband or are otherwise indicative of criminal activity.
The City Manager or designee shall record each eligible item to be stored, including the location in which it was found and the date of storage. Any stored items shall be kept in storage at least ninety (90) calendar days and then may be disposed of. (
g) Enforcement.
(1) City enforcement officers shall not issue a criminal citation to enforce a violation of Section 13.27.020(a) between the hours of 9:00 p.m. and 5:30 a.m
. or when the person is on public or private property at a time when there is no available Shelter.
(
2) For purposes of this Chapter, “available Shelter” or “when Shelter is av
ailable” means that Shelter is reasonably available to the person at the time enforcement is taking place and taking into consideration any disability or other specific circumstances applicable to that person. Prior to any enforcement of a violation of this Chapter which is conditioned upon available Shelter, City enforcement officers shall comply with all policies in effect to identify appropriate, available Shelter and offer to aid in relocating the person i
n violation to said Shelter.
(3) Sections 13.27.020(b) and (c) and 13.27.025(a) are enforceable at all times, regardless of Shelter availability.
(h
) Expedited Abatement. The City Manager or designee shall prioritize and expedi te the removal of an Encampment or Personal Property if:
(1) the C
ity maintains an active, valid trespass agreement with the property owner; or
(2) the E
ncampment or Personal Property violates Sections 13.27.020(b) or (c), S
ection 13.27.025, or Sections 13.27.030(b)(1) or (b)(2) of this Chapter. (3) the C
ity Manager or designee observes and determines that the Encampment or Personal Property creates a condition that presents a n i
mminent and immediate threat to property damage, bodily injury, or death where in such situations and in the interest of protecting life, removal is required forthwith.
In an expedited Abatement , the City Manager or designee shall follow the same Abatement and storage procedures in Section 13.27.040(a)(3) and (4), excluding section 13.27.040 (h)(3), shall post a Notice of Clean-Up giving a minimum of three (3) hour
s’ notice for all persons to remove their Personal Property in a manner reasonably calculated to provide actual notice, taking into consideration any disability or other specific circumstance applicable to that person and providing assistance to accommodate said disability or circumstance.
Sec. 13.27.045 Exceptions.
Camping shall be permissible under the following circumstances:
(1
) A
ny commercial use where Camp ing is authorized and established as a permitted or conditional use pursuant to Title 16 of this Code;
(2) A
ny facility owned and operated by the United States Government, state of California, county of San Bernardino, or special district, wherein by their rules or regulations Camping is permitted; and
(3
)
Any Camping activities authorized by the C ity of Victorville pursuant to established regulations.
S
ec. 13.27.050 Interference with Abatement.
No person shall willfully prevent, delay, resist, obstruct, or otherwise interfere with a City official, employee, contractor, or volunteer in their execution of an Abatement pursuant to this Chapter.
S
ec. 13.27.055 Violations and Penalties.
Any person violating any provision or regulations established under this C hapter is subject to the following:
(a) For the first offens e, the enforcement officer shall issue a notice of violation. (b) For the second offen se after the expiration of timeframe to comply with a notice of violation, the enforcement officer shall issue an administrative citation forthwith i n the am
ount of $20.00 per violation. Contents, service, and appeal of the citation shall comply with Sections 1.05.070, 1.05.080, and 1.05.090 of this Code. (c) For the third and subsequent offens e s after the expiration of timeframe to comply with a notice of violation and the issuance of the above administrative fine, provided that Shelter is available or that enforcement of the provision(s) of this Chapter violated are not am ong
those contingent upon Shelter availability, the enforcement officer shall issue a notice to appear for each violation as a misdemeanor in accordance with Chapter 1.04 of this Code. (d) E ach day a violation is committed or permitted to continue shall constitute a new and separate offense.
(e) Nothing in this S ection is intended to prohibit the City Manager or designee from executing a clearance of an Encampment or Personal Property in accordance with the provisions of S
ection 13.27.040.
Section 3. California Environmental Quality Act.
The C
ity Council finds that the adoption of this Ordinance will not have a significant effect on the environment and is categorically exempt from CEQA under CEQA Guidelines sections 15301(d) (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because the Project would prohibit encampments on public property that would ensure public facilities are maintained in a manner that meets current standards of health and safety and prohibiting camping and encampments in open space and near waterways would protect environmentally sensitive areas and reduce water pollution from unregulated human activity.
Section 4. Repeal of Conflicting Provisions.
A
ll ordinances, resolutions, or administrative actions by the City Council, or parts thereof that are inconsistent or otherwise conflict with any provision of this Ordinance are hereby repealed, but only to the extent of such inconsistency or conflict.
Section 5. Severability.
S
hould any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 6. Effective Date.
Thi
s Ordinance shall take effect thirty (30) days after its final passage.
Section 7. Certification.
The C
ity Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.