HomeMy WebLinkAboutORD 05 (2026)ORDINANCE NO. 05 (2026)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR REPEALING DIAMOND BAR CITY CODE SECTION
%16A15 AND ADDING CHAPTER 8.28 TO TITLE 8 OF THE
DIAMOND BAR CITY CODE TO PROHIBIT CAMPING ON PUBLIC
PLACES AND INTERFERING WITH PUBLIC ACCESS.
WHEREAS, it is the obligation of the city to keep the public rights -of -way and public
places clean and available for public use and to ensure access by the public to all
property, both public and private, by the disabled, elderly, families, children, and visitors
to the city;
WHEREAS, since 2018, there has been a marked increase in persons erecting
encampments, storing personal property on public places, and camping in vehicles
on public places within the city;
WHEREAS, in recent years the incidents of camping or encampments on city
streets, sidewalks, open space areas and other public places has increased by
1,000% with the Point -In -Time count showing an increase from 4 in 2018 to 42 in
2025, with approximately 81 % of those residing in vehicles or recreational vehicles;
WHEREAS, these encampments present risk to the life, health, and safety of
those using them, as well as to others in the City, pose a risk of damage to certain
environmentally sensitive areas, and inhibit the right of others to use the areas as
they are intended;
WHEREAS, public places, including streets, alleyways, sidewalks, medians,
parkways, driveways, bus benches, bus shelters, parks, open spaces, storm drains,
public buildings parking lots, and other rights -of -way are intended for the use and
enjoyment of all members of the community and should be maintained in a safe and
accessible condition;
WHEREAS, the storage of unattended personal property on public places
creates a safety and security risk to the public because, among other things, it can
create a tripping hazard, impact a person's line -of -sight, and divert limited public
resources to evaluate suspicious packages;
WHEREAS, the city has been experiencing the impacts of the increased
unhoused population within its boundaries, including a marked increase in calls for
service due to illegal encampments, persons living in parked vehicles, and camping
on city property and other public places, resulting in threats to the life, safety, health,
and welfare of its residents, damage to natural resources, and pollution of its streets,
storm drains and natural waterways;
Ordinance No. 05 (2026)
WHEREAS, examples of the dangers posed by unauthorized camping,
establishing encampments, and living in vehicles parked on public places include,
but are not limited to:
a. Dumping waste and human waste into storm drains and natural water
courses;
b. Storing human waste in buckets;
c. Using water and storm water prevention materials from neighboring
properties, without permission;
d. Leaving pets unattended or off -leash;
e. Accumulating trash and/or personal belongings in adjacent areas,
impeding access to sidewalks and other public places;
f. Camping near parks;
g. Impeding the flow of traffic and access by emergency vehicles;
h. Running power cords from recreational and other camping vehicles to
nearby property, which can dangerously overheat and cause fires;
i. Operating power tools, generators, heating and cooking appliances on the
streets and other public places;
j. Preventing others from using parking spaces;
k. Increased calls for service to the Sheriff and Fire Departments related to
encampments; and
I. Fires breaking out at or near encampments.
WHEREAS, the presence of unauthorized encampments has been associated
with increased criminal activity, including theft, vandalism, damage to property, noise
violations, littering, prowling, trespassing, and drug -related offenses, thereby undermining
public health and safety; and
WHEREAS, the City desires to regulate unauthorized camping and encampments
on public places in order to protect the life, health, safety, and welfare of its residents,
businesses, and general public, and protect and preserve its natural resources.
NOW THEREFORE, the City Council of the City of Diamond Bar hereby
ordains as follows:
Section 1. The City Council finds that the above recitals are true and correct.
Section 2. Diamond Bar City Code Section 10.16,115 titled "Prohibited
Parking" is hereby repealed in its entirety.
Section 3. Chapter 8.28 is hereby added to Title 8, Health and Safety, of the
Diamond Bar City Code to read as follows:
2
Ordinance No. 05 (2026)
CHAPTER 8.28 - CAMPING ON PUBLIC PLACES AND
INTERFERING WITH PUBLIC ACCESS
8.28.010 —Purpose, findings and definitions.
(a) Purpose and findings. The City Council finds that in order to serve the public
health, safety and welfare of residents and businesses within the City of Diamond
Bar, public streets, public rights -of -way, and city -owned, operated and maintained
facilities and property, and other public places, should be readily accessible to
residents and the public at large for use and enjoyment consistent with their
designated and intended use. The use of these areas for sleeping, camping,
storage of personal property, the accumulation of waste, or unauthorized parking
interferes with the rights of others to use the areas for their intended purpose. The
purpose of this Chapter is to maintain public streets, public rights -of -way, city.
owned, operated or maintained property and facilities, and other public places in a
clean, safe and accessible condition.
(b) Definitions. As used in this chapter, the following terms, words and phrases have
the meanings as defined in this section, unless another meaning is clearly
apparent from the context.
Camp or Camping means use of space on public places for living accommodation
purposes such as sleeping activities, or making preparations to sleep (including
the laying down of bedding, cots, beds, sleeping bags, mattresses, or couches for
the purpose of sleeping), or storing personal belongings, or using any tents, tarps,
hammocks, camp stoves, cooking equipment, buckets, dressers, furniture, shelter
or other structure or vehicle for sleeping. The above -listed activities constitute
camping when it reasonably appears, in light of all the circumstances, that the
participants, in conducting these activities, are using the area as a living
accommodation regardless of the nature of any other activities in which they may
also be engaging.
City means City of Diamond Bar.
Camp facilities. Includes tents, huts, vehicles of any kind including recreational
vehicles, or other temporary physical shelters when used to camp.
Camp paraphernalia includes, but is not limited to, tarps, sleeping bags,
hammocks or bedrolls, mattresses, open fires, cooking equipment, heating
equipment, appliances and other similar equipment.
Open space means any public property 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.
3
Ordinance No. 05 (2026)
Public park means any public property, whether developed or undeveloped, held
out by the city or used by the public for active or passive park and recreation uses,
including adjacent buffer lands and natural areas of any adjacent parking lots and
perimeter sidewalks.
Personal property means tangible personal belongings or possessions that is a
physical or movable item that is subject to ownership and can be seen, weighed,
measured, felt or touched, including but not limited to, clothing, bicycles, wagons,
carts, furniture, appliances, camping equipment, gear, and tools.
Public places means the locations listed in Section 8.28.020.
Public property means any publicly owned or maintained property in the city,
including but not limited to public parks, trails and open space areas, public
alleyways, buildings, parking lots, public passageways, public rights -of -way,
publicly owned or maintained landscaped areas, greenbelts, sidewalks, streets,
flood control facilities, and utility easements.
8.28.020 —Unauthorized sleeping, camping and storage of personal property; locations
prohibited.
(a) Camping on public places. It is unlawful for any person to camp in or upon any
Public Property, including any street, alleyway, sidewalk, median, parkway,
driveway, rights -of -way, public restroom, public bench, bus bench or bus shelter,
Public Park, Open Space, storm drain, public building or parking lot.
(b) Sleeping on public places. No person may sleep on a public street, alleyway,
sidewalk, median, parkway, driveway, rights -of -way, public restroom, public bench,
bus bench or bus shelter, or in any pedestrian or vehicular entrance to public or
private property abutting a public sidewalk, at any time as a matter of individual
and public safety.
(c) Interfering with public access. It is unlawful for any person to camp, sleep, lie, or
place personal property where such activity:
1. Obstructs or impedes passage, as required by the Americans with Disabilities
Act; or
2. Is within twenty feet of an entrance or exit to any building, establishment, retail
store, restaurant, service station, office building or other place into which the
public is invited; or
3. Is within twenty feet of an automatic teller machine or any door or entrance that
provides access to the automatic teller machine; or
GI
Ordinance No. 05 (2026)
4. Is within two hundred fifty feet of a public or private school or day care center;
or
5. In a manner that unreasonably interferes with the use of the public rights -of -
way by motor vehicles, pedestrians or bicycles.
(d) Unattended personal property. No person shall fix in place, store, maintain or leave
personal property that is unattended on public property, including any street,
alleyway, sidewalk, median, parkway, driveway, rights -of -way, park, open space,
bus shelter, storm drain, public building or parking lot.
8.28.030 —Removal and recovery of personal property.
(a) The City Council may, by resolution, adopt procedures for the removal and
recovery of personal property left upon public places where camping is prohibited
per section 8.28.020. Such procedures need not conform to those provided for in
subsection (b), below.
(b) Absent the City Council's adoption of a resolution per subsection (a) above,
personal property left upon public places where camping is prohibited for more
than twenty-four hours may be removed by the city and may be recovered by the
owner for up to ninety days.
(c) Abandoned Personal Property.
1. Any personal property or possessions located on public property that are
unattended and whose owner cannot be readily identified are presumed to be
abandoned. A reasonable effort shall be made to ascertain whether the
unattended personal property or possessions have been abandoned and, if so,
to thereafter cause their removal subject to subdivisions (a) or (b) above.
2. Unattended personal property or possessions that are unsanitary, soiled,
spoiled or verminous may be summarily abated and destroyed at any time
without notice.
8.28.040 —Exceptions. The provisions of this chapter shall not apply to the following:
(a) Anyone sleeping or camping in a specified camping area designated by the city.
The City Council may by Resolution establish one or more specified camping areas
on public property.
(b) When authorized by the Director of Emergency Services in response to firefighting
activities or other public emergencies.
(c) Any event involving camping that is approved or sponsored by the city.
5
Ordinance No. 05 (2026)
Section 4. Severability. If any section, subdivision, paragraph, sentence, clause
or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that
any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been
declared invalid or unconstitutional.
Section 5. Effective date. This Ordinance shall take effect and be in force thirty
(30) days after its passage.
Section 6. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause a certified copy of this Ordinance to be posted within
fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk
and two additional public places, together with the vote for and against the same.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Diamond Bar on this 5th day of May, 2026.
CITY OF DIAMOND BAR
Steve Tye, May r
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the 21st day of April, 2026, and was duly passed and adopted at a regular meeting
of the City Council held on the 5th day of May, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES:
Chou, Liu, Teng, MPT/Low, M/Tye
Kristina Santana, City Clerk
0