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(A) Definition of terms. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP or CAMPING. Means the use of public land or public premises for temporary living accommodation purposes by the occupation or habitation of an area, location or property through the use of temporary shelters, recreational vehicles and/or camping paraphernalia. In no event may a camp be established in less than 48 hours.
CAMPING PARAPHERNALIA. Means equipment or supplies that are used by a person or persons to facilitate camping, which includes but is not limited to grills, outdoor cookers, lanterns, latrines, tents, huts, cots, beds, sleeping bags, bedrolls, knapsacks, hammocks, tarpaulins, canvases, lean-to’s, temporary shelters of whatever kind, or other similar type equipment or supplies.
EMERGENCY. Means situations when a failure to act immediately could lead to serious harm to public health or safety.
HOMELESS. Means the definition of “Homeless” set forth at 24 C.F.R. § 91.5.
PERSONAL ITEMS. Means any item that is reasonably recognizable as belonging to a person and has apparent utility and does not include items that have no apparent utility or in an unsanitary condition, including, but not limited to, identification documents, birth certificates, and other personal documents and effects.
PUBLIC PROPERTY. Means any real property owned or controlled by Metro Government which includes but is not limited to green spaces, open spaces, right-of-ways, public sidewalks, cross-walks, streets, curbs, public alleyways, public passageways, publicly owned commercial lots, publicly owned residential lots, publicly owned vacant lots, publicly owned cleared lots or any other Metro Government owned properties located within the boundaries of Jefferson County, but does not include the public parks owned, leased or and managed by the Louisville Metro Parks Department, property owned, leased or and managed by the Waterfront Development Corporation, property owned, leased or and managed by the Parking Authority of the River City (“PARC”), property leased by Metro and managed by the Kentucky Administrative Office of the Courts, or property owned, leased, or managed by the Commonwealth of Kentucky or its agencies.
RECREATIONAL VEHICLE. Means a motor vehicle, trailer or hybrid trailer that is equipped with amenities and features intended for the owner or others to use for the purposes of leisure activities, camping and/or sleeping, including but not limited to, motor homes, travel trailers, camper vans, truck campers, pop-up campers, teardrop trailers, fifth-wheels, toy haulers or motor homes.
STORE. Means to put aside or accumulate for use when needed, or to put, place, or leave in a location for safekeeping or future use.
TEMPORARY SHELTER. Means a non-permanent accommodation that is intended to be used by a person or persons for protection from the various weather elements while camping which includes, but is not limited to, tents, huts, cots, beds, sleeping bags, bedrolls, knapsacks, hammocks, tarpaulins, canvases, lean-to’s or other similar types of equipment or structure.
(B) General provisions.
(1) It shall be unlawful for any person to camp or utilize camping paraphernalia, recreational vehicles or temporary physical shelters, or, to store camping paraphernalia, recreational vehicles or temporary shelters, on any public property within the boundaries of Metro Government that:
(a) Metro Government, its officers, agencies, or departments use for offices, operations, storage, or other governmental purpose; or
(b) Metro Government leases to, or has a management agreement with, another governmental or quasi-governmental agency, or any corporation, organization, or person; or
(c) Is zoned exclusively for residential use or has an occupied or unoccupied house or commercial structure on the public property; or
(d) Is three acres or less in total area.
(2) It shall be unlawful for any person to store camping paraphernalia, recreational vehicles or temporary physical shelters or any other personal property on any public property less than three acres in size.
(3) Camping may be permitted on public property larger than three acres in size by making application for a camping permit to the Director of the Department of Public Works and Assets (the Director). Application for a camping permit shall be made on a form provided by the Director. Each application for a camping permit shall be signed by the individual or authorized representative of the organization that seeks to camp on public property, shall identify each person by name and address who will be subject to the camping permit, the address or location of the public property proposed to be used, the requested date(s) for camping which may not exceed five consecutive days, and such other information as required by the application form. Each application shall be accompanied by an application fee in the amount of $25 for five campers or less, $50 for six to ten campers, and for more than ten campers, $5 for each camper named in the application. If the application is denied, all application fees will be refunded. In no event shall any person, individual whether as an individual applicant or as a member of a group of individuals applicant, or group of individuals identified in an application tendered by an organization, be permitted to camp for more than five consecutive days in a single calendar month at the same location or a total of 21 days on public property in a calendar year.
(4) The Director shall have the discretion to implement such regulations for the issuance of camping permits the Director deems necessary to prevent the misuse or abuse of public properties and insure the public health, welfare, and safety of Metro citizens. All such regulations and any amendments thereto shall be approved by the Mayor before they become effective. The County Attorney shall approve all such regulations as to form and legality prior to submission to the Mayor.
(1) This section shall not apply to anyone camping or utilizing camping paraphernalia, recreational vehicles, or temporary physical shelters in specified areas that have been designated by the Metro Department of Parks or other appropriate governmental authority as camp sites, camping areas, camping facilities, campgrounds, sleep facilities, and other similar type areas.
(2) Nothing in this section is intended to prohibit camping or sleeping on private residential property by friends and family of the property owner, so long as the owners thereof consent and no zoning and/or land use law or regulation prohibits such use.
(D) Enforcement and penalties. Any violation of this section shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275 et seq. or as it may be amended. The civil penalty for any violation of this section shall be as follows: any person that violates any provision of this section shall be liable for a civil fine in an amount of not less than $50 nor more than $200 for each violation. Each day a violation continues shall be a separate violation of this section.
(Lou. Metro Ord. No. 131-2012, approved 7-31-2012; Lou. Metro Am. Ord. No. 21-2018, approved 2-14-2018)