The purpose of this chapter is to maintain public streets and
areas within the city in a clean, safe and accessible condition for
residents and the public at large; to promote and protect human sanitation
and health while preserving appropriate recreational opportunities
within the community; and to discourage or prevent the secondary impacts
of vagrancy such as crime, visual blight, poor sanitation, disease
and discouragement of desirable economic activity and economic development
while accommodating circumstances of necessity.
(Ord. 659 § 1, 2004)
Unless the particular provisions or context requires otherwise,
the definitions contained in this section shall govern the construction,
meaning and application of words and phrases in this chapter.
means to pitch, sleep in or occupy camp facilities or to
use camp paraphernalia for the purpose of temporary or permanent human
habitation or domicile. "Camp" shall not mean the use of any facilities
or equipment which might otherwise qualify as "camp facilities" or
"camp paraphernalia" which are used solely in connection with a special
event or temporary use conducted in accordance with a permit by the
city under other provisions of this code.
include, but are not limited to, tents, huts or temporary
shelters, trailers, and any other vehicle.
includes, but is not limited to, collapsible shelters, cots,
beds, sleeping bags, bed rolls, hammocks or barbeques, open fires,
portable stoves or other cooking equipment not provided or approved
by the city.
means to put aside or accumulate for use when needed, to
put for safekeeping, or to place or leave in a location.
(Ord. 659 § 1, 2004)
It shall be unlawful for any person to camp in the following
areas within the city, except as otherwise provided:
A.
Any
street or right-of-way, including sidewalks and public landscaping;
B.
Any
parking lot, yard, building set-back, vacant land, open space or any
other area open or accessible to the public, improved or unimproved.
(Ord. 659 § 1, 2004)
It shall be unlawful for any person to store personal property,
including camp facilities and camp paraphernalia, in the following
areas, except as otherwise provided:
A.
Any
park;
B.
Any
street or right-of-way, including sidewalks and public landscaping;
C.
Any
parking lot, yard, building set-back, vacant land, open space or any
other area open or accessible to the public, improved or unimproved.
(Ord. 659 § 1, 2004)
Camping may be permitted in the city only under the following
circumstances:
A.
Except
as otherwise provided for herein, and upon a showing of necessity,
a person may sleep in a vehicle and store personal belongings therein
within the city limits during a period of not more than 72 hours in
any three month period without being in violation of this chapter.
B.
(1)
In the yard of a residence with the consent of the owner or occupant
of the residence, where the camping is in the rear yard, or in an
area of a side yard or front yard that is separated from view from
the street by a fence, hedge or other obstruction or is located more
than 300 feet from any street or right-of-way; or (2) on the grounds
of a religious or other non-profit charitable or educational institution
with the written consent of the appropriate agent of such institution,
provided that no camping shall take place within 300 feet of any street
or right-of-way nor shall camping be permitted on the grounds of any
such institution for longer than 72 hours in any one month; (3) inside
of a licensed and registered motor vehicle in the parking lot on the
site of a religious institution with the written consent of the appropriate
agent of such institution, where the driver/occupant of such vehicle
is in possession of a valid driver's license, provided that no more
than three such vehicles shall be permitted at any one time on the
entire premises; or (4) inside of a licensed and registered motor
vehicle in the parking lot on the site of a business institution in
a non-residential district with the written consent of both the appropriate
agent of the business institution and property owner, where the driver/occupant
of such vehicle is in possession of a valid driver's license, provided
that no more than two such vehicles shall be permitted at any one
time on the entire premises and further provided that no person shall
be permitted to camp anywhere on the same premises for more than 72
hours in any one month; or (5) inside a licensed and registered vehicle
in a residential off-street driveway with the written consent of the
owner and occupant of the residence, where the driver/occupant of
such vehicle is in possession of a valid driver's license, provided
that no more than one such vehicle shall be permitted at any one time
on the entire premises; or (6) camping sponsored and supervised by
an organized and recognized youth organization or youth program for
the purpose of recreational and/or educational programs for youth
under the age of 18 years upon either public or private property with
the written consent of the owner or appropriate agent of the owner
of such property for a period not to exceed one week provided that
all distance or sight-screening requirements set forth in this chapter
for the type of property are complied with. Persons camping in a vehicle
for more than 72 hours shall be in violation of this section as well
as Section 6.04.030(P)(5)(c), which prohibits using a vehicle for
residential purposes.
C.
Camping
shall not be permitted under this section where it is conducted in
such a manner as to create noise, inadequate sanitation or other matters
offensive to persons of ordinary sensibility; nor where the camping
is of such frequency, intensity or duration as to constitute a use
of land prohibited under any other provision of this code; nor where
the camping activity would be prohibited under any provision of this
code concerning the use of mobilehomes; nor where any fee, charge
or other monetary consideration is collected for the privilege of
camping or for any services or the use of any facilities related thereto,
nor where the covenants, conditions and restrictions of a duly organized
homeowners association would prohibit the activity in the residential
area subject to the covenants, conditions and restrictions. No particular
location shall be used for camping under this section for more than
three days during any one calendar month.
D.
This
chapter shall not apply to camping in a public or commercial campground
legally and lawfully approved and permitted for that purpose and in
compliance with all laws, regulations and conditions of approval for
such a facility.
(Ord. 659 § 1, 2004)
A.
In addition to all other remedies and penalties available under this chapter, under other sections of this code or under other laws, any person, firm or corporation who violates the provisions of this chapter shall be guilty of an infraction for each day such violation continues and shall be subject to the penalties set forth in Section 1.01.230 of this code.
B.
Any
citation issued for a violation of this chapter may be dismissed upon
review by the city attorney if, in the interest of justice, at the
time of citation issuance, all local homeless shelters were full to
capacity, the person cited had no reasonable or adequate alternative
course of action, and the person cited did not substantially contribute
to the circumstances necessitating camping as his or her only reasonable
course of action.
(Ord. 659 § 1, 2004)
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this chapter is for any reason held to be unconstitutional
or invalid, such a decision shall not affect the validity of the remaining
portions of this chapter. The city council hereby declares that it
would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this chapter irrespective of the unconstitutionality
or invalidity of any section, subsection, subdivision, paragraph,
sentence, clause or phrase.
(Ord. 659 § 1, 2004)
