The Chief of Police, or their designee(s), will have primary responsibility for the enforcement of the camping regulations herein. Nothing in this chapter shall prevent the Police Chief, or their designee(s), from obtaining voluntary compliance by way of warning, notice, education, or coordination with other willing public or private entities and/or community members.
(A) Prior to issuing any citation pursuant to this Chapter, the investigating officer shall provide a verbal and written warning to cease such unlawful conduct and a verbal and written referral for possible alternatives to their present camping practices, such as, (without limitation), transportation, shelter, and/or contact information to public or private agencies who may be able to provide services or support. Any public or private entities who wish to assist the Mt. Vernon Police Department (“Department”) in effectively and humanely transitioning individuals from unauthorized encampments on public property to an environment consistent with City ordinances should contact the Department with a description of what services they can provide and effective contact information. The Department will develop and maintain a policy to include procedural guidance regarding the implementation of this ordinance. The Department shall consult relevant professional resources and engage interested community members, service providers, or other willing public or private entities when designing and implementing this policy. The policy shall be published and implemented no later than 6 months after the passage of this ordinance. The policy shall provide for the collection of relevant data that shall be used to review and revise the manual every three (3) years, or as needed. Said revision shall be made in the same manner the policy is developed.
(B) Police shall exercise discretion to ensure that individuals are not cited for violating this ordinance due only to a true personal necessity that requires their present unauthorized camping practices. When possible, the Department may work directly with community members, service providers or other willing public or private entities to determine whether a true personal necessity exists in a particular circumstance. The Department shall provide specific support, guidance and contacts for officers. But it shall be construed as direct evidence that no true personal necessity exists if the individual who is camping refuses to take advantage of proffered alternatives to their present camping practices (which could include, in the most extreme cases, short term use of another location more easily monitored by the Department).
(C) Upon a determination by law enforcement that an area constitutes an unauthorized encampment, regardless of whether an individual is cited for a violation of this ordinance, City officials shall have the right to remove any debris, contraband, or personal property that creates a legitimate health and safety concern, or that creates an immediate and substantial danger to the environment. No warning is required prior to such confiscation relating to health and safety concerns.
(D) Materials confiscated pursuant to this ordinance that are unsanitary or a danger to the health and safety of any person may be immediately disposed of. Otherwise, the Department shall provide 24-hour written notice prior to confiscating property. The Department shall retain personal property confiscated pursuant to this ordinance in a manner consistent with the handling of other confiscated property and must not dispose of such personal property for a period of at least 30 calendar days, during which time the owner may retrieve such property from the Department, pursuant to the procedure outlined in the policy. Nothing prevents Department members from disposing of property with the consent of the property owner. When Department members have received consent to dispose of property, City officials shall assist Department members when necessary.
(Ord. 2024-30, passed 9-3-2024)