For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP or CAMPING. To pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
CAMP FACILITIES. Include, but are not limited to, tents, huts, temporary shelters, or vehicles.
CAMP PARAPHERNALIA. Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.
CAMPSITE. Any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
CITY PROPERTY. Any real property or structures owned, leased, or managed by the city, including public rights-of-way.
FAMILY. Two or more individuals committed to cohabitation.
MOTOR VEHICLE. For the purposes of this chapter, includes the definitions of VEHICLE as defined in § 70.02 and means every vehicle that is designed to be self-propelled (whether functioning or not), including automobiles, trucks, vans, tractors, fork-lift trucks, motorcycles, road building equipment, street cleaning equipment, and any other vehicle capable of moving under its own power, notwithstanding that vehicle may be exempt from licensing under the motor vehicle laws of the state. The term also includes RECREATIONAL VEHICLES, as defined below, herein, for the purposes of this chapter.
PARKING LOT. A developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
PUBLIC PARK, MUNICIPAL PARK, and CITY PARK. Any property in the city that is designated, established, dedicated, set aside, under the direction, control, operated, or supervised by the City’s Public Works Department, pursuant to authority granted by the City Council, City Charter, or City ordinances or resolutions, made available for the purposes of recreational use, including, but not limited to, sports fields, pavilions, picnic areas, playgrounds, parkettes, open spaces, tennis court, parking lots, driveways, pathways, and such other recreational uses as may be established. City Public Parks are regulated by §§ 93.01 through 93.013.
RECREATIONAL VEHICLE. For the purposes of this chapter, means a vehicular-type unit that:
(1) Contains sleeping facilities;
(2) Is designed or used:
(a) For human occupancy; and
(b) As temporary living quarters for recreational, seasonal, or emergency use.
(3) Has its own motive power or is designed to be mounted on or towed by another vehicle.
SOLID WASTE. Any garbage, trash, debris, yard waste, food waste, or other discarded materials.
SOLID WASTE DISPOSAL SERVICES. Contracted solid waste collection service for a campsite with the City’s exclusive franchisee for the collection of solid waste.
STORE or STORAGE. To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
STREET. For the purposes of this chapter, means any highway, lane, road, street, right-of-way, alley, and every way or place in the City that is publicly owned or maintained for public vehicular travel.
(Ord. 668, passed 4-7-2021)
Sections 93.01 through 93.11, Chapter 151, and Chapter 90 shall be, upon enactment of this chapter, amended to incorporate the provisions set forth herein, for the purposes of, or when applied to, allowing temporary camping. If a conflict exists between the terms of this chapter and either §§ 93.01 through 93.11, Chapter 151, and Chapter 90, the terms of this chapter shall prevail and are effective. The City’s temporary camping policy shall be set forth as follows:
(A) Upon submission to the City Administrator of written authorization of the property owner of the property:
(1) Up to two total motor vehicles or tents, in any combination, may be used for temporary camping in any parking lot on the following types of property:
(a) Real property developed and owned by a religious institution, place of worship, or public agency, regardless of the zoning designation of the property; and
(b) Real property developed with one or more buildings occupied and used by any organization or business primarily for nonprofit, commercial, or industrial purposes.
(2) Up to one family may use a residentially zoned property developed with an occupied residential dwelling, with further authorization from all lessees of the property, for temporary camping by either:
(a) Using a tent to camp in the back yard of the residence; or
(b) Using a single motor vehicle parked in the driveway of the dwelling.
(B) A property owner who authorizes any person to temporarily camp on a property pursuant to division (A) above must:
(1) Provide or make available sanitary facilities;
(2) Provide garbage disposal services so that there is no accumulation of solid waste on the site;
(3) Provide a storage area for campers to store any personal items so the items are not visible from any public street;
(4) Require a tent or camping shelter in a residential backyard to be not less than five feet away from any property line; and
(5) Not require or accept the payment of any monetary charge nor performance of any valuable service in exchange for providing the authorization to camp on the property, provided, however, that nothing in this section will prohibit the property owner from requiring campers to perform services necessary to maintain safe, sanitary, and habitable conditions at the campsite.
(C) A property owner who permits temporary camping pursuant to division (A) above may revoke that permission at any time and for any reason.
(D) An individual or family authorized to temporarily camp under this section may remain for an initial term of up to six months unless the authorization is revoked by the property owner or lessee. If the individual or family authorized to temporarily camp provides satisfactory proof of actively pursuing housing opportunities, including low-income housing, the six-month term may be renewed for up to two additional six-month terms. Written authorization extending the term(s) shall be filed with and subject to the approval of the City Administrator. The City Administrator shall approve an extension if the authorization is accompanied by the documentation of pursuit of housing opportunities required by this division (D).
(E) Notwithstanding any other provision of this chapter, the City Administrator or his or her designee may:
(1) Revoke the right of any person to authorize temporary camping on property described in division (A) above upon finding that any activity occurring on that property by the campers is incompatible with the uses of adjacent properties or constitutes a nuisance or other threat to the public welfare; or
(2) Revoke permission for a person or family to sleep overnight on city-owned property upon finding that the person or family member has violated any applicable law, ordinance, rule, guideline, or agreement, or that any activity occurring on that property by a camper is incompatible with the use of the property or adjacent properties.
(F) Any person whose authorization to temporarily camp on property has been revoked pursuant to divisions (C) and (D) above must vacate and remove all belongings from the property within four hours of receiving such notice.
(G) All persons participating in the temporary camping program described in this section do so at their own risk, and nothing in this code creates or establishes any duty or liability for the city or its officers, employees, or agents, with respect to any loss related to bodily injury (including death) or property damage (including destruction).
(Ord. 668, passed 4-7-2021; Ord. 681, passed 6-28-2023) Penalty, see §
95.99
Loading...