(a) No person shall camp on publicly owned and/or publicly controlled property or within the boundaries of any public right-of-way.
(b) As used in this section, the following words are defined as follows:
(1) "Camp" means the act of placing bedding or any materials used for bedding purposes, placing or assembling a shelter, and/or placing or creating facilities for food preparation at a specific location and whether or not placed on the ground or upon an improved surface. "Placing or creating facilities for food preparation" does not include such activities when conducted at a location and within the areas or facilities designated by the governmental agency of jurisdiction as permitted for such activity, subject however to any rules and regulations related to such activity promulgated by the governmental agency of jurisdiction.
(2) "Control" means having an interest in real property whether by virtue of easement, plat, lease, license or other legal right or privilege.
(3) "Shelter" means anything designed, including that which is of crude or extemporaneous assembly, to provide a person protection from the natural elements for purposes of sleeping, food preparation, and/or any other activities of living. "Shelter" does not include a motor vehicle, trailer, or watercraft when parked/docked at a location approved by the governmental agency of jurisdiction as permitted for such parking/docking, subject however to any rules and regulations related to such parking/docking promulgated by the governmental agency of jurisdiction.
(c) It shall be an affirmative defense to a violation of this section that the violation occurred as a direct and immediate response to a bona fide emergency. "Emergency" means an unforeseeable act that resulted in the person having to take immediate, temporary action to preserve their safety. The affirmative defense provided by this division (c) shall not be available when the activity that violates this section continues for a period of time in excess of forty-eight (48) hours. This section shall not be a defense for any acts that are otherwise prohibited by law.
(d) This section shall not be operative on property owned or controlled by the State or Federal government when the State or Federal government permit the activity.
(e) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the second degree on the third or any subsequent offense.
(Ord. 24-O-058. Passed 8-20-24.)