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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP MATERIALS. Items used to establish or facilitate occupancy of a campsite, including tents, tarps or other temporary structures, as well as large furniture, stoves and other cooking instruments.
CAMPSITE. Any place where a tent, tarp or other temporary structure is established for the purpose of maintaining an outdoor shelter.
CITY STORAGE PROGRAM POLICY. The city’s written policy for storage of eligible property.
ELIGIBLE PROPERTY. Items including, but not limited to, personal identification and documents, valuables, clothing, hygiene products and toiletries and items of basic necessities.
EMERGENCY SHELTER SPACE. A city-authorized location providing temporary shelter or alternative sleeping space practically available to persons experiencing homelessness. EMERGENCY SHELTER SPACE shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
PERIOD WHEN SHELTER IS UNAVAILABLE. A length of time in which there is no emergency shelter space available to individuals experiencing homelessness in the city.
TO CAMP. To pitch, erect or occupy a campsite or to use camp materials, or both, for the purpose of, or to facilitate, outdoor sheltering, either temporarily or permanently.
(Ord. 2023 c. 9)
(A) It is the purpose of this Section to promote public health, public safety, general welfare and the economic health and well-being of the city, its workers, visitors and residents, including individuals experiencing homelessness, by prohibiting unsanctioned camping and the dangerous and unsafe conditions surrounding such campsites.
(B) This Section seeks to improve access to housing and recovery services by restoring access to public spaces, the public rights-of-way and curtailing the existence of campsites that shield drug trafficking, human trafficking, weapons, fire hazards, violence and other criminal activity, and that create conditions for large crowds to congregate. It is also the purpose of this Section to protect the rights of individuals related to his or her personal property and to treat such property with respect and consideration.
(C) This Section shall apply to all campsites and camping on public property, including, but not limited to, streets, sidewalks and public rights-of-way.
(Ord. 2023 c. 9)
It is unlawful for any person to camp or maintain a campsite or camp materials in or on any public property or in the public right-of-way, including, but not limited to, any street, sidewalk, school or public park, unless specifically authorized or during a period when shelter is unavailable.
(Ord. 2023 c. 9)
(A) The prohibition against campsites and camping shall not apply during a period when shelter is unavailable.
(B) City Officials shall maintain daily, and revise regularly, a shelter list that is communicated throughout the day to the Boston Police Department and other City Departments for the purpose of identifying available shelter space.
(C) During a period when shelter is unavailable, or when a campsite is specifically authorized, a campsite or use of camping materials must comply with existing state and local laws to ensure the public health and safety of those in and around the campsite.
(D) During any period when shelter is unavailable, the Mayor’s Office of Housing, in consultation with the Boston Public Health Commission, the Boston Police Department and the Inspectional Services Department, is hereby authorized to promulgate any additional restrictions relative to the time, place and manner for camping, and density of campsites, in order to advance public health, maintain access to the public right-of-way and support the effective operation of facilities such as schools, shelters and health care institutions during such periods.
(Ord. 2023 c. 9)
(A) In the event of a violation of this Section, the city shall provide, or cause to be provided, an offer of available emergency shelter space to an individual experiencing homelessness, and must inform that individual that transportation to available emergency shelter space is available.
(B) Each emergency shelter space offered to an individual shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
(Ord. 2023 c. 9)
(A) In the event of a violation of this Section, the city shall offer and provide storage for personal belongings consistent with the City Storage Program Policy. The City Storage Program Policy shall provide for the storage of eligible property, further define property that is eligible for storage and provide clear instructions on how individuals may regularly access and recover his or her belongings.
(B) The City Storage Program Policy will also provide that for property at a campsite that is not claimed by any person, City Staff will assess whether the property is abandoned property or an individual’s temporarily unattended property, including through inquiry to individuals in the area and a reasonable attempt to identify the property owner. Property determined to pose an immediate health or safety risk is subject to immediate disposal.
(C) The city shall store temporarily unattended eligible property under the City Storage Program Policy. For temporarily unattended property that is not eligible for city storage, the Inspectional Services Department will either post notice for 24 hours prior to removal of the unattended property not eligible for city storage or will temporarily store the unattended property and post notice as to how to recover it.
(D) City Officials shall provide a written copy of the City Storage Program Policy when providing an offer of storage, which shall be made available in each language that meets a language access need in the city as most recently determined by the Office of Language and Communications Access.
(E) In the event that an individual chooses to leave the area without his or her belongings upon learning of a violation of this Section, City Staff shall store eligible property in line with the City Storage Program Policy.
(F) The City Clerk shall maintain a feedback system on the City Storage Program through which individuals can complete a form either online or by requesting a physical form from a City Employee or Agent. These feedback forms can be used to submit general feedback or to submit a claim for reimbursement for lost property. All claim forms submitted pursuant to this Section shall be submitted to the City Clerk for appropriate routing. No fees may be charged for the processing of claims submitted pursuant to this Section.
(Ord. 2023 c. 9)
(A) Immediately upon passage, the city shall distribute leaflets to individuals and post weather-resistant signs in locations with a concentrated number of campsites to provide additional actual notice of this Section and the effective date. The leaflet shall contain a written copy of this Section, a written copy of the City Storage Program Policy and written copies of additional resources, which shall be made available in each language that meets a language access need in the city as most recently determined by the Office of Language and Communications Access.
(B) Upon the effective date of this Section, once the city has engaged an individual as described in Subsections 16-66.5 and 16-66.6, no further notice is required to enforce this Section.
(C) In the case of a period when shelter is unavailable, when the city notifies an individual located in any campsite that a period when shelter is unavailable has ended, the individual shall have 48 hours to remove his or her camping materials.
(Ord. 2023 c. 9)
(A) Individuals in violation of this Section who refuse to remove or allow for removal of the campsite or camp materials as described in Subsection 16-66.7, or who reestablish a campsite following removal pursuant to Subsection 16-66.7, shall be subject to penalties. This Section shall be enforced by the Boston Police Department as well as any sworn law enforcement agency empowered to make an arrest within the jurisdictional boundaries of the city.
(B) Any of the following penalties may apply.
(1) All enforcement methods authorized by law, including, issuance of a warning, M.G.L. Chapter 40, Section 21, or enforcement authorized by M.G.L. Chapter 272, Section 59 (Ordinances or Regulations Relating to Streets, Reservations or Parkways; Alcoholic Beverages; Profanity; Arrest Without Warrant) if the Boston Police or other duly authorized officer on scene determines a violation of M.G.L. Chapter 272, Section 59 has occurred in their presence.
(2) This Section shall go into effect seven days after the date of passage to permit any individuals located in any campsite to remove camping materials in order to comply with this Section.
(Ord. 2023 c. 9)
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