A. 
It shall hereafter be unlawful for any person to smoke cigarettes, cigars or pipes in any portion of the City Hall or on the premises thereof whereon is posted a notice by the Board of Aldermen designating such area as a "No Smoking" area.
B. 
The Board of Aldermen of the City of Charlack is hereby authorized to establish and order the posting of such notices upon a motion duly made and seconded in any regular or special meeting of the Board of Aldermen.
[Ord. No. 25-08, 11-18-2025]
A. 
Definitions. Unless the context requires otherwise the following definitions shall apply for purposes of enforcement of this section.
TO CAMP
Means to maintain a campsite in a single location of City property for more than twenty-four (24) hours.
CAMPSITE
Means a location upon City property where camping materials are placed.
CAMPING MATERIALS
Include, but are not limited to, tents, huts, awnings, lean-tos, chairs, tarps, portable stoves, and/or other collections of personal property that are, or reasonably appear to be, arranged and/or used as accommodations to camp whether or not twenty-four (24) hours have passed.
CITY PROPERTY
Means all property, parks, rights-of-way, parking lots, easements or other land owned, leased, controlled, or managed by the City of Charlack.
PERSONAL PROPERTY
Means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.
RELOCATE
Means to move both the individual(s) and personal property off of City property, or to a different authorized City property, for at least twenty-four (24) hours. This definition does not include moving to another portion of the same City property.
B. 
Sleeping On Sidewalks, Streets, Alleys, Or Within Doorways Prohibited.
1. 
No person may sleep on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.
2. 
No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
3. 
In addition to any other remedy provided by law, any person found in violation of this Section may be immediately removed from the premises.
C. 
Camping Regulated.
1. 
No person may occupy a campsite inconsistent with the regulations in this Section unless specifically authorized by: (a) a formal declaration of the City Clerk in emergency circumstances; or (b) upon Board resolution, the Board may exempt a special event from the prohibitions of this Section, if the Board finds such exemption to be in the public interest and consistent with Board goals and notices and in accordance with conditions imposed by the Police Chief and Director of Public Works. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. Any findings by the Board shall specify the exact dates and location covered by the exemption.
2. 
Unless otherwise authorized by law or this Section, the only locations where it is lawful to place camping materials, or store camping materials for any period of time on City property are those locations (if any) designated specifically for camping by the Board of Alderpersons. The City shall maintain an updated description of the designated locations on a public portion of its website and shall make paper copies available at the City's Police Department.
3. 
Where the temporary placement of camping materials is authorized, an individual that has placed camping materials on City property must relocate according to the time limitations set forth for that location.
D. 
Removal Of Campsite On Public Property.
1. 
The City shall remove individuals, personal property, camping materials, and campsites from City property by providing at least five (5) hours' notice to such individuals, which may be by posting signs in the area of any encampment.
2. 
If any personal items are seized during the removal, items having no apparent utility or monetary value and items in an unsanitary condition may be discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from a campsite which is not, disposed of, or held as evidence (as provided above), shall be stored by the Police Department for a minimum of thirty (30) days, during which time it shall be made reasonably available for and released to an individual providing proof of ownership upon payment of the storage fees.
E. 
Mitigation And Penalties.
1. 
Upon conviction for a violation of this Section, in addition to any other factors deemed appropriate by the Court, the Court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including, but not limited to, bottles, cans, and garbage from the campsite after being informed they were in violation of the law.
2. 
Violation of this Section is an ordinance violation punishable as set forth in Title I of the Municipal Code.
[Ord. No. 26-04, 3-17-2026]
A. 
It shall be unlawful for any person to openly burn wood shavings, leaves, rubbish, trash, garbage, treated and creosoted wood, any plastic or chemical material or fluid, or any other material within the City limits of Charlack, except that the burning of natural uncontaminated tree wood shall be permitted on private property as follows:
1. 
The open burning of natural uncontaminated tree wood is permitted when said burning is done in an appropriate container, appliance, fire pit or ring, or other fireplace structure that is designed and intended to be used for the purpose of wood burning, and has a base dimension no greater than sixteen (16) square feet.
a. 
When being used for burning, said container, appliance, or structure shall be set back as follows:
(1) 
No less than twenty-five (25) feet from a structure or combustible material.
(2) 
No less than twenty-five (25) feet from a property line on lots greater than twenty thousand (20,000) square feet.
(3) 
No less than fifteen (15) feet from a property line on lots not greater than twenty thousand (20,000) square feet.
2. 
The property owner, tenant, or other responsible adult shall supervise the burning at all times.
3. 
When open burning of any material creates an air pollution problem, a nuisance condition, or a fire hazard, or when atmospheric conditions are unfavorable for burning such as during a Fire Weather Watch or Red Flag Warning, said burning shall immediately cease and the fire and embers be extinguished.
4. 
No open burning shall be permitted on public property without having applied for and obtained a special permit from the City of Charlack. Said permit may be revoked by the City at any time for non-compliance with any provision of the City's Municipal Code, including this Section.
5. 
Bonfires for public or private events or for recreational purposes on public or private property shall only be allowed by special permit from the City of Charlack and the appropriate fire district. Said permit may be revoked by the City at any time for non-compliance with any provision of the City's Municipal Code, including this Section.