Unless the particular provisions or the context otherwise requires,
the definitions contained in this section shall govern the construction,
meaning, and application of words and phrases used in this chapter.
"Camp"
means to pitch or occupy camp facilities; to use camp paraphernalia;
to sleep outdoors, or in, on or under any structure not intended for
human occupancy, or in, on or under any vehicle.
"Camp facilities"
means and includes, but is not limited to, tents, huts, temporary
shelters, campers, trailers, temporary occupancy vehicles, or other
vehicles.
"Camp paraphernalia"
means and includes, but is not limited to, tarpaulins, cots,
beds, sleeping bags, hammocks or non-city-designated cooking facilities
and similar equipment.
"Habitable"
shall refer to a dwelling that has not been declared unfit
for habitation by the city or other agency with jurisdiction thereover.
"Nonresidential"
is intended to refer to property, or any portion thereof,
that is not improved with a habitable dwelling unit.
"Park"
means any public park or recreation or playground area or
building or facility thereon within the city, owned and maintained
by the city as a public park or recreation or playground area, whether
or not such areas have been formally dedicated to such purpose.
"Publicly accessible area"
means that portion of any privately owned, nonresidential
property that is not enclosed by a city-approved structure, including,
but not limited to, vacant land or the exterior of commercial or business
establishments.
"Public property"
means any property or easement owned or managed by any government
entity. Public property includes parks.
"Store"
means to put aside or accumulate for use when needed; to
put for safekeeping; to place or leave in a location.
"Street"
means and includes all highways, avenues, lanes, alleys,
courts, places, squares, sidewalks, parkways, curbs, or other public
ways in this city that have been or may hereafter be dedicated and
open to public use, or such other public property so designated in
any law of this state.
(Ord. 1156 § 2, 2019)
Except as otherwise provided in this chapter, it is unlawful
for any person to camp, occupy camp facilities, or use camp paraphernalia
in the following areas:
C. Any
private property.
1. Notwithstanding subsection
C of this section, overnight camping on private property by persons other than the property owner(s) or lawful tenants is permissible if all of the following conditions are met: (a) the camping is limited to no more than one night; (b) overnight 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 lawful obstruction; and (c) the property owner or person in lawful possession consents to such overnight camping.
2. Nothing
in this chapter is intended to prohibit or make unlawful, activities
of an owner of private property or other lawful user of private property
that are normally associated with and incidental to the lawful and
authorized use of private property for residential or other purposes;
and provided further, nothing is intended to prohibit or make unlawful
activities of a property owner or other lawful user if such activities
are expressly authorized by any State, Federal and local laws, rules,
regulation, or policies.
3. Camping shall not be permitted where it is conducted in such a manner as to create a public nuisance, including any noise disturbance, as provided in Chapter
8.45 of this code, inadequate sanitation, or other matters offensive to reasonable persons, nor where the camping activity is of such frequency, intensity or duration as to constitute a use of land prohibited by any provisions of Title
17 of this code or where the camping and or activities incidental to it constitute a public nuisance.
(Ord. 1156 § 2, 2019)
No person shall camp in or on any park, street, public parking
lot, publicly accessible area visible from any off-site location,
or public property, improved or unimproved, except where one of the
following conditions exist:
A. The
area has been designated by the city for camping with a permit and
the requisite permit has first been obtained from the city; or
B. The
area has been designated by the city for camping without a permit.
(Ord. 1156 § 2, 2019)
It is unlawful for any person to store personal property, including
camp facilities and camp paraphernalia, in the following areas, except
as otherwise provided by permit issued by the city or other resolution
of the city council:
C. Any
public property, improved or unimproved; or
D. Any
private property without the written consent of the owner or lawful
tenant.
Any personal property left for more than twenty-four hours upon
any lands described in this section shall be considered abandoned
and may be removed or impounded by the city or peace officers. Such
property may be recovered by the persons who own or have rights to
possess it in accordance with procedures established by the city manager
or designee, or with procedures of the law enforcement agency to which
the property is taken by peace officers.
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(Ord. 1156 § 2, 2019)
Any violation of the provisions of this chapter shall constitute a public nuisance and may be enforced pursuant to any applicable provision of Title
14 of this code, and any and all other remedies, civil and equitable, afforded to the city under the law. If a violation of this chapter is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense. Violations of this chapter shall not constitute an infraction or misdemeanor.
(Ord. 1156 § 2, 2019)