(a) Except as may be permitted within municipal parks by the Chief of Police, or his or her designee, or as otherwise provided by division (c) of this section, it is unlawful to camp upon any public property owned by the Village, including, without limitation, streets, sidewalks, easements, parks, parking lots, public grounds, Village Hall, or public rights-of-way
(b) As used in this section, "to camp" means setting up, remaining in, or at property for the purpose of: sleeping, making preparation to sleep, storing personal property, and/or performing cooking activities for habitation purposes.
(c) This section shall not apply to persons who:
(1) Have no alternative lodging available to them and are otherwise homeless;
(2) Have insufficient resources to secure alternative lodging; and
(3) Are unable to secure free services such as shelters within a reasonable proximity to the Village, or hotel/motel vouchers which are or have been made available.
(d) Except as otherwise authorized by the Village of Middlefield Codified Ordinances, it shall be unlawful for any person to store personal property, including camp facilities, such as, without limitation, tents, bivouacs, huts, other temporary or portable shelters, vehicles or recreational vehicles, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-public cooking facilities, on any public property during the hours of 7:00 a.m. to 9:00 p.m.
(e) Except as otherwise authorized by the Village of Middlefield Codified Ordinances, it shall be unlawful to knowingly leave personal property unattended on public property during the hours of 7:00 a.m. to 9:00 p.m. Personal property left unattended may be removed and disposed of by the Village, in accordance with state law, if:
(1) The property poses an immediate threat to public health, safety or welfare; or
(2) The property has been posted with a written notice in accordance with Ohio law;
(3) Any property removed by the Village shall be held and disposed of pursuant to Ohio law if not claimed within thirty (30) days after removal.
A. Individuals may claim their property without a fee by contacting the Police Department within thirty days of removal;
B. Items that have no apparent utility or are in unsanitary condition may be immediately discarded.
C. Weapons, controlled substances other than prescription medication shall be retained and disposed of by the Police Department in accordance with applicable legal requirements for the property in question.
(f) Notwithstanding the provisions of this Chapter, the Mayor or designee may temporarily authorize camping or storage of personal property on public property by written order that specifies the period of time and location:
(1) In the event of emergency circumstances;
(2) In conjunction with a special event or the obtaining of a permit; or
(3) Upon finding it to be in the public interest and consistent with Village Council goals and policies.
(g) Whoever violates this section is guilty of "illegal public camping." Except as otherwise provided, "illegal public camping" is a misdemeanor of the fourth degree. If the offender previously has been convicted of, or pleaded guilty to "illegal public camping" then the violation is a misdemeanor of the first degree.
(Ord. 24-130. Passed 5-9-24.)