49.03 PENALTY FOR VIOLATIONS.

1.   Violation of this Ordinance shall be deemed a trespass and subject the person to the penalties of a simple misdemeanor, but specifically excluding imprisonment.

2.   Prior to imposing any fine for violation of this Chapter, the Court shall make an inquiry into a person's ability to pay. The Court is explicitly authorized to impose a requirement to perform community service in lieu of paying a fine.

49.04 ENFORCEMENT.

1.   A violation of this Chapter shall be enforced as follows:

   A.   Prior to issuing any citation pursuant to this Chapter, the investigating officer shall inquire whether the unlawful camping and storage of personal property is due to homelessness. If the officer learns that such is the case, the officer shall determine, in accordance with the relevant department policy, if there is Available Overnight Shelter to accommodate the subject of the investigation. If the officer determines that there is no Available Overnight Shelter, the officer shall not issue a citation.

   B.   If the officer determines that there is Available Overnight Shelter, the officer may, within their discretion:

      (1)   Provide directions to the shelter location.

      (2)   Offer one-time transport to the shelter location.

   C.   Any individual who refuses to accept the shelter space offered is subject to penalty in accordance with Section 49.03 of this Chapter.

2.   After notice reasonably attempted or given, Camp paraphernalia, left for 72 hours or more shall be deemed abandoned and may be removed and disposed of by the City. Provided, however, any Camp paraphernalia determined to be hazardous to the person or to others may be removed and disposed of immediately.

49.05 DEFINITIONS.

1.   The following definitions are applicable to this chapter unless the context otherwise requires:

   A.   "Camp" means to set up or remain in or at a campsite for the purpose of establishing or maintaining a temporary place to live, or to use camp paraphernalia;

   B.   "Campsite" means a place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any other vehicle or part thereof;

   C.   "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or noncity-designated cooking facilities and similar equipment;

   D.   "Park" means those areas subject to the executive and administrative responsibility of the Park Board established by Code of Ordinances of the City of Ankeny Chapter 23, including but not limited to parks, trails, playgrounds, athletic fields, and public open space;

   E.   "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location;

   F.   "Street" means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Ankeny that is open as a matter of right to public vehicular travel.

49.06 RULES.

1.   The Chief of Police is hereby authorized to adopt rules, regulations, administrative policies, and procedures for implementing Sections 49.01 through 49.05.

(Ch. 49 - Ord. 2159 - Nov. 23 Supp.)