REPORT TO COUNCIL
SUBJECT
Title
Action to the Introduction of an Ordinance Amending Chapter 9.30 of the City Code ("Trespassing") Related to the Storage and Removal of Personal Property from Public Property [Council Pillar: Deliver and Enhance High Quality Efficient Services and Infrastructure]
Report
BACKGROUND
Santa Clara City Code (SCCC) Chapter 9.30, and specifically Section 9.30.020, prohibits entering onto, or remaining on, City property after having been ordered by appropriate City personnel to vacate the property, as may be reasonably necessary for the conduct of City business or for the protection or preservation of the public peace, health and safety, or to avoid personal injury or property damage. The proposed ordinance adds two sections to Chapter 9.30. The first section (9.30.030 Storage of Personal Property on City Property Prohibited) prohibits storing personal property or unattended property on City grounds. The second section (9.30.040 Removal of Personal Property from City Property) prescribes the process the City will use to collect, store and dispose of unattended property collected from City grounds. The proposed ordinance seeks to balance the City's need to protect and preserve the public peace, health, and safety with the due process and property rights of the individuals who have (either intentionally or inadvertently) left their property on City grounds.
DISCUSSION
The proposed Ordinance provides the basic legal support for actions taken to remove unattended private property from City grounds. This would apply to all City locations including parks, trails, Civic Center, unimproved lots, etc. The basic framework set forth in the proposed ordinance for such removal is that the City shall first post notices at the subject area at least seventy-two (72) hours before the property is removed. If, after the 72-hour notice period has ended, the property is still on City land, then the City can remove and store that unattended property fo...
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