Removal of a campsite in violation of this subchapter may occur under the following circumstances:
(A) Prior to removing a campsite, the city shall post a notice, 24-hours in advance of the removal, unless immediate removal of the campsite is deemed to be necessary for one of the reasons in divisions (1) through (4) below. If such immediate removal is undertaken, the basis for causing the immediate removal of such campsite should be adequately documented by the appropriate person(s) identifying the for which immediate removal is necessary, such as:
(1) Immediate removal of the campsite is necessary to maintain access to a property;
(2) Immediate removal of the campsite is necessary to maintain the sanitary condition of a property;
(3) Immediate removal of the campsite is necessary because the campsite is an obstruction to any public right-of-way; or
(4) Immediate removal of the campsite is necessary because the campsite poses a risk to the health and safety of the city and its residents.
(B) Upon any action pursuant to division (A) of this section, the person causing such action to be taken shall inform an appropriate agency delivering social services to homeless individuals in the city, of the location of the campsite and the persons found to be in violation of this subchapter, so said agency may determine whether or not it would be appropriate to offer its services to those persons.
(C) If a 24-hour notice has been posted, and the 24-hour notice period has passed, then the campsite, as well as all personal property thereon, shall be removed by the appropriate person(s) acting on behalf of the city.
(D) No portion of this section shall be construed to prohibit any person found to be engaging in public camping from removing their personal property from the campsite; however, such personal property that constitutes exempt personal property and which a reasonably prudent law enforcement officer, exercising the applicable constitutional standard, would conclude that said exempt personal property constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime, and/or items which the person cannot demonstrate the requisite lawful authority to possess, may be retained and stored as evidence.
(Ord. 2024-035, 8-27-2024)