For the purpose of this article, the following terms shall have
the meaning ascribed to them below:
Camp.
To use an area for either sleeping or living accommodation
purposes, or both, including but not limited to the following:
(1)
Making preparations to construct a temporary shelter, such as
the setting up of a tent, laying down of bedding, or the construction
of a temporary shelter with other materials such as cardboard or newspapers;
(2)
Parking of a motor vehicle, motor home, or trailer for the apparent
purpose of overnight occupancy;
(3)
Storing or accumulating clothing, food, beverages or other personal
belongings;
(4)
Digging or earth breaking;
(5)
Using any tent or temporary shelter; or
(6)
Lying in or on a cot, sleeping bag, bedroll, or other similar
sleeping equipment.
Public area.
Any outdoor area to which the public has access and includes
but is not limited to streets, rights-of-way, parks, recreation areas,
cave preserves, parking lots, alleyways, pedestrian ways, areas beneath
bridges and overpasses, and the common areas of schools, hospitals,
apartment houses, office buildings, transport facilities, and retail
shopping establishments.
(Ordinance 2019-570 adopted 9/9/19)
(a) It
shall be unlawful for any person to camp in a public area within the
city limits.
(b) The activities listed in section
8.09.001 under the definition of “camp” shall constitute camping when it reasonably appears, in light of all circumstances, that the person, in conducting these activities, is in fact using the area for living accommodation purposes regardless of the intent of the person or the nature of any other activities in which they may also be engaging. Camping does not include the act of merely falling asleep in a public place.
(c) Each
day or part of a day during which a violation of this section is committed,
continued, or permitted shall constitute a separate offense.
(Ordinance 2019-570 adopted 9/9/19)
It is an affirmative defense to an alleged violation of this
article if the person was:
(1) Camping
in an approved area designated by the city, on property owned by the
person, or on property for which the person has received prior permission
from the owner or agent in charge of the property;
(2) Occupying a recreational vehicle, as that term is defined in article
12.05, division 2 of this code, parked in a portion of the public right-of-way as a temporary habitation with the permission of an owner of the property adjacent to such portion of the public right-of-way and in conformance with section
12.05.032 of this code; or
(3) Traveling
through the city in a motor vehicle, and
(A) On a trip which has a point of origin and a point of destination
outside of Bastrop County, Texas and the contiguous counties;
(B) Parked the motor vehicle at a location not greater than one-half
mile off the most direct route of the trip;
(C) Parked the motor vehicle for the purpose of resting or sleeping in
the vehicle because further operation would endanger himself or others
due to the need for sleep;
(D) Slept or rested in the motor vehicle or in a trailer directly attached
to the motor vehicle for a period not longer than four (4) hours;
and
(Ordinance 2019-570 adopted 9/9/19)