(A) Notwithstanding the above prohibitions or any other regulation of the city:
(1) Persons may sleep overnight in a vehicle or tent in a parking lot of a religious institution, place of worship, business or public entity that owns or leases property on which a parking lot and occupied structure are located, with written permission of the property owner. The property owner may not grant permission for more than three vehicles or tents used for sleeping at any one time. For the purpose of this division (A)(1),
VEHICLE includes a car, camper and trailer.
(2) Property owners wishing to allow more than three vehicles or tents used for sleeping on their property may submit a request in writing to the city. The request should identify the number of vehicles and/or tents planned to occupy the site, the size and location of the site; availability of sanitary facilities and any special circumstances necessitating the additional vehicles or tents and the anticipated duration.
(3) Persons may sleep overnight in the back yard of a single-family residence, with permission of the owner and tenant of the residence. Not more than one family may sleep in any back yard, and not more than one tent may be used for sleeping in the back yard. As an alternative, but not in addition to sleeping overnight in the back yard, not more than one family may sleep in a vehicle parked in the driveway of a single-family residence, with permission of the owner and tenant of the residence.
(4) Persons may sleep overnight in a vehicle, on a paved or graveled surface located on a vacant or unoccupied parcel, with the permission of the property owner, if the owner registers the site with the city. The city may require the site to be part of a supervised program operated by the city. The property owner may not grant permission for more than three vehicles used for sleeping at any one time.
(B) A property owner who allows a person or persons to sleep overnight on a property pursuant to divisions (A)(1), (A)(2) or (A)(3) above shall:
(1) Provide or make available sanitary facilities;
(2) Provide garbage disposal services so that there is no accumulation of solid waste on the site;
(3) Provide a storage area for campers to store any personal items so the items are not visible from any public street;
(4) Require a tent or camping shelter in a backyard to be not less than five feet away from any property line; and
(5) Not require or accept the payment of any monetary charge nor performance of any valuable service in exchange for providing the authorization to camp on the property; provided, however, that nothing in this section will prohibit the property owner from requiring campers to perform services necessary to maintain safe, sanitary and habitable conditions at the campsite.
(C) A property owner who permits overnight sleeping pursuant to divisions (A) or (B) above may revoke that permission at any time and for any reason. Any person who receives permission to sleep on that property as provided in this section shall leave the property immediately after permission has been revoked.
(D) Notwithstanding any other provision of this section, the City Manager, or his or her designee, may:
(1) Prohibit overnight sleeping on a property if the city finds that such an activity on that property is incompatible with the uses of adjacent properties or constitutes a nuisance or other threat to the public welfare; or
(2) Revoke permission for a person to sleep overnight on city-owned property if the city finds that the person has violated any applicable law, ordinance, rule, guideline or agreement or that the activity is incompatible with the use of the property or adjacent properties.
(E) The City Manager, or his or her designee, may impose administrative civil penalties on property owners who fail to comply with the requirements of divisions (A) and (B) above.
(F) In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this section or other provisions of this code shall constitute a nuisance and may be abated as such.
(G) With authorization from the City Manager, or his or her designee, in connection with a specific special event, persons may sleep overnight on public property at which a special event is being held. The authorization shall be limited to no more than eight days in any two-week period.
(H) Nothing in this subchapter creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted overnight sleeping.
(Ord. 1290, passed - -2023) Penalty, see § 92.99