For the purpose of this chapter, the following definitions shall
apply:
shall mean the conduct of one or more of the following activities
on public or private property, when it reasonably appears, in light
of all the circumstances, that a person is using space on public or
private property as a place of temporary or permanent living accommodation:
Sleeping or making preparations to sleep (including the laying
down of bedding for the purpose of sleeping);
The erection of any tent, structure, or other form of shelter;
The preparation or cooking of a meal;
Unattended storage of personal belongings (including, but not
limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage,
backpacks, kitchen utensils, and cookware).
shall mean all real property owned or leased by the City
of Santa Rosa, including, but not limited to, all City streets, sidewalks,
easements, rights-of-way and all City facilities.
(Ord. 2023-012, 8/22/2023)
(A)
It is unlawful for any person to camp in any City park in violation of Section 13-24.040 of this code.
(B)
No person shall camp, or place personal property on or in any
street, sidewalk, public right-of-way or any City facility, in any
of the following manners:
(1)
By camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, in any way that impedes
pedestrian passage on any sidewalk or walkway;
(2)
By camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 25 feet of any driveway
or loading dock;
(3)
By camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 25 feet of any building
entrance or exit;
(4)
By camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within 25 feet of any fire
hydrant, designated fire lane, fire department connection, or fire
protection equipment;
(5)
By camping, sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, within any street, bike
lane or other public right-of-way in any way that hinders or obstructs
the free passage, access or movement of any persons, bicycles or vehicles
travelling or attempting to pass along the same right-of-way;
(6)
By camping, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within 25 feet a public transit facility
including transit hubs and bus shelters.
(C)
In the event alternate shelter is not available, the following
health and safety standards apply to camping on public property:
(1)
No person shall occupy or use an area greater than 10 by 10
feet for storage of unattended personal property on any public property.
Such occupied area shall be separated by a minimum of four feet of
any another person's occupied area.
(2)
No person shall erect a tent, structure, or other form of shelter
for purposes of camping on public property within four feet of another
person occupying a different tent, structure, or other form of shelter
on public property. The aggregate of multiple tents, structures, or
other encampment placed side-by-side without a firebreak clearance
of 12 feet shall not exceed 700 square feet total.
(3)
No person shall dump gray water (i.e., waste water from baths,
sinks, washing machines, and other kitchen appliances) or black water
(i.e., sewage water) onto sidewalks, streets, parks, open spaces,
storm drains, or any other facilities not intended for gray water
or black water disposal.
(4)
No person shall create or use an unpermitted electrical connection
on public property.
(5)
No person shall possess combustible or flammable gas or liquids
on public property.
(6)
Fires on public property shall be prohibited except for purposes
of cooking in City installed facilities in accordance with City regulations.
(7)
No person shall discard hypodermic needles in any public place,
except in a designated container designed for disposal of sharps waste.
(8)
No person shall camp in such a manner or location as to disturb
wildlife dens, burrows, or nests, nor shall any person camping on
public property cut vegetation or excavate or terrace soil or cause
damage to public property.
(9)
No person camping on public property shall exceed noise levels specified for residential zoning districts in accordance with Chapter 17-16, as measured at the nearest property line.
(10)
No person shall camp in such a manner which violates California
Fish and Game Code Section 5652 which makes it unlawful to deposit,
permit to pass into, or place where it can pass into the waters of
the state, or to abandon, dispose of, or throw away, within 150 feet
of the high water mark of the waters of the state, any cans, bottles,
garbage, motor vehicle or parts thereof, rubbish, litter, refuse,
waste, debris, or the viscera or carcass of any dead mammal or bird.
(11)
No person shall erect a tent, structure, or other form of shelter
for purposes of camping on public property under a tree canopy or
within vegetation that could aid in spreading a fire to a nearby structure
as determined by the Fire Marshal or designee.
(12)
No person shall erect a tent, structure, or other form of shelter
for purposes of camping within 100 feet of a school.
(Ord. 2023-012, 8/22/2023)
It is unlawful for any person to camp on private property without first obtaining the written permission of the owner. Camping on private property shall be permitted only in a residentially zoned area, only where there exist sanitary sewers, running water, and cooking facilities inside a permanent building which is lawfully established and available to such person and only for periods of not more than three consecutive days, unless otherwise authorized by the City pursuant to the Community Homeless Assistance Program (CHAP). The provisions of this section are not intended to prohibit camping within a City authorized campground, a travel trailer park, a recreational vehicle park, safe parking facility, or other area designated and permitted for such activities in accordance with Title 20.
(Ord. 2023-012, 8/22/2023)
(A)
Any violation of this chapter is a misdemeanor and subject to prosecution in accordance with Section 1-28.010 of this code. Every day any violation occurs or continues shall be deemed a separate offense.
(B)
Violations described above are deemed and declared to be a public nuisance and may be subject to abatement in accordance with the City Code and Chapter 20-68 (Enforcement).
(C)
Nothing in this chapter shall preclude prosecution under both this
chapter and any other provision of law.
(Ord. 2023-012, 8/22/2023)
