(a) In this section:
(1) DESIGNATED PUBLIC PROPERTY means any of the following:
(A) Any parks, grounds, buildings, facilities, or rights-of-way under the jurisdiction, management, or control of the city’s park and recreation board.
(B) Any of the following properties, grounds, buildings, facilities, or rights-of-way owned, leased, or controlled by the city:
(i) The Dallas city hall and the city hall plaza, as defined in Section 31-37 of the Dallas City Code, as amended.
(ii) The Dallas convention center and the convention center grounds, as defined in Section 31-37 of the Dallas City Code, as amended.
(iii) The J. Erik Jonsson central library and the central library grounds, as defined in Section 31-37 of the Dallas City Code, as amended.
(C) Any vacant and unimproved lots owned, leased, or controlled by the city.
(2) TEMPORARY SHELTER means any tent or other type of portable or impermanent structure, whether manufactured or makeshift, in or under which a person can be sheltered or partially sheltered from the elements.
(b) A person commits an offense if the person places, erects, or maintains a temporary shelter in or upon any designated public property.
(c) It is a defense to prosecution under Subsection (b) of this section that the placement, erection, or maintenance of the temporary shelter by the person on the designated public property was expressly authorized by:
(1) an ordinance or resolution of the city council;
(2) a special event permit issued under Chapter 42A of the Dallas City Code or another license or permit granted by the city;
(3) a contract with the city; or
(4) if the designated public property is under the jurisdiction, management, or control of the city’s park and recreation board, a permit or other written authorization granted by the board or by the director of the park and recreation department.
(d) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.
(e) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s reason for placing, erecting, or maintaining a temporary shelter on the designated public property. The police officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (c) is present. Before issuing a citation or making an arrest, the police officer shall give the person an oral or written warning that:
(1) requests the person to cease the placement, erection, or maintenance of the temporary shelter and to completely remove the temporary shelter and all personal belongings from the designated public property within one hour after issuance of the warning; and
(2) states that failure to comply with the warning may result in the citation or arrest of the person and the removal by the city of the temporary shelter and any personal belongings remaining on the designated public property.
(f) If a person’s temporary shelter and personal belongings are not removed from the designated public property in compliance with a warning issued by a police officer under Subsection (e), the city may remove those items from the designated public property and store them at a secure location (if the items are determined by the city to have a market value) or dispose of them as solid waste (if the items are determined by the city to be perishable, to have no market value, or to pose a threat to the public health, safety, or welfare). If stored property is not claimed within 60 days after removal, it will be deemed unclaimed or abandoned, and the city may sell, recycle, convert, or dispose of the property in accordance with city ordinances and policies and any applicable state or federal laws. (Ord. 29070)