A. Unless such use is permitted under any other applicable provision of this code, or unless the location has been designated as a "camping area" by resolution of the city council and the location has been zoned to permit "camping" as a principal, temporary or accessory permitted use, it shall be unlawful to camp on public property (including, without limitation, public parks) within the city limits. For the purpose of this chapter, "to camp" or "camping" means to use real property of the city for living accommodation purposes such as, without limitation, the following:
1. Overnight sleeping activities or making preparations to sleep overnight outside of a vehicle (to include a recreational vehicle), such as the laying down of bedding on the ground for the purpose of sleeping overnight;
2. Storing personal belongings outside of a structure, except that property lawfully on the person of or associated with a person engaged in lawful activities may be retained by that person;
3. Making any fire, other than in a fire or barbecue pit approved by the city or in an area designated for such use by the city, and other than the use of a portable charcoal or propane grill used according to the manufacturer's instructions;
4. Using any tent, shelter, or other structure for sleeping overnight; provided, that during daylight hours a person may sleep in a vehicle (to include a recreational vehicle) lawfully parked for a period not to exceed four (4) hours; or
5. Cooking, other than in a fire or barbecue pit approved by the city or in an area designated for such use by the city, and other than the use of a portable charcoal or propane grill used according to the manufacturer's instructions.
For purposes of this subsection, "overnight" is defined as the period from one-half (1/2) hour after sunset to sunrise.
B. The activities described in subsection A of this section, constitute camping when it reasonably appears in light of all the circumstances that the participant, in conducting these activities, is in fact using the area for living accommodation purposes, regardless of the intent of the participant or the nature of any other activities in which the participant may also be engaging.
C. The prohibitions listed in subsection A of this section, shall not restrict any person from doing the following activities:
1. Sitting or lying down on public property due to a medical emergency;
2. Moving about public property with the aid of a wheelchair, walker or similar device;
3. Operating or patronizing a commercial establishment conducted on public property pursuant to an applicable permit;
4. Participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on public property pursuant to an applicable permit;
5. Camping at a location approved by the city in connection with a traveling show properly licensed pursuant to this code.
D. No person shall be charged with a violation of this section unless the person engages in conduct prohibited by this section after having been notified by a law enforcement officer that the conduct is unlawful. (Ord. 783, 6-10-2014)