(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEDDING. A sleeping bag, or any other material, used for bedding purposes.
CAMPSITE. Any physical space that is not within an established structure, where bedding or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure, or any vehicle or part thereof.
EXEMPT PERSONAL PROPERTY. Items which would otherwise constitute personal property under the terms of this section, but which (i) have no apparent utility or monetary value; (ii) personal property which is unsanitary to store or otherwise maintain; (iii) any weapon possessed illegally; (iv) drug paraphernalia; (v) items appearing to be stolen or otherwise appearing to be evidence of a crime; (vi) items which the person cannot demonstrate the requisite lawful authority to possess; and (vii) any items of food which can reasonably be expected to spoil or otherwise perish within the next 30 days.
PERSONAL PROPERTY. Any item reasonably recognizable as belonging to a person and having apparent utility or monetary value, except for exempt personal property.
PUBLIC CAMPING. To cause or participate in the establishment of, or the act of remaining in or at, a campsite.
(B) Public camping prohibited.
(1) No person may sleep, nor otherwise engage in public camping, on a public sidewalk, street, alley, lane, other public right-of-way, park, bench, or any other publicly-owned property, nor on or under any bridge or viaduct, at any time.
(2) No person may sleep, nor otherwise engage in public camping, in any pedestrian or vehicular entrance to public or private property abutting a public right-of-way.
(3) No person may sleep, nor otherwise engage in public camping, on any real property owned or otherwise maintained by the city.
(4) No person may park a vehicle overnight within the city for the purpose of sleeping or otherwise engaging in public camping in the vehicle.
(5) For the purposes of this section, the act of parking or leaving a vehicle parked for two consecutive hours, and/or remaining within a vehicle on any property under the jurisdiction of the city for the purpose of public camping, for two consecutive hours without permission from the City Council, Mayor or Police Chief, between the hours of midnight and 6:00 a.m., shall be considered a violation of this section.
(C) Exceptions to prohibition.
(1) Notwithstanding the foregoing, it shall not be a violation to engage in public camping when done (i) in a manner specifically authorized by this code; (ii) after a formal declaration of the city in emergency circumstances; or, (iii) upon resolution of the City Council, the same may exempt a special event from the prohibitions of this section, if the City Council, Mayor or Police Chief finds such exemption to be in the public interest and consistent with the goals and objectives of the city, and with such conditions imposed as the City Council deems necessary.
(2) Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the city for any liability, damage or expense incurred by the city as a result of the activities of the applicant. Any findings by the City Council shall specify the exact dates and location covered by the exemption.
(D) Removal of campsite. Removal of a campsite in violation of this section may occur under the following circumstances:
(1) Prior to removing a campsite, the city Police Department shall cause the posting of a notice, 24-hours in advance of the removal, unless immediate removal of the campsite is deemed to be necessary for one of the reasons in divisions (D)(1)(a) through (d) below. If such immediate removal is undertaken, the basis for causing the immediate removal of such campsite should be adequately documented by the appropriate person(s).
(a) Immediate removal of the campsite is necessary to maintain access to a property;
(b) Immediate removal of the campsite is necessary to maintain the sanitary condition of a property;
(c) Immediate removal of the campsite is necessary because the campsite is an obstruction to any public right-of-way; or
(d) Immediate removal of the campsite is necessary because the campsite poses a risk to the health and safety of the city and its residents.
(2) Upon any action pursuant to division (D)(1) above, the person causing such action to be taken shall inform an appropriate agency delivering social services to homeless individuals in the city, of the location of the campsite and the persons found to be in violation of this section, so the agency may determine whether or not it would be appropriate to offer its services to those persons.
(3) If a 24-hour notice has been posted, and the 24-hour notice period has passed, then the campsite, as well as all personal property thereon, shall be removed by the appropriate person(s) acting on behalf of the city.
(4) No portion of this section shall be construed to prohibit any person found to be engaging in public camping from removing their personal property from the campsite; however, such personal property that constitutes exempt personal property and which a reasonably prudent law enforcement officer, exercising the applicable constitutional standard, would conclude that the exempt personal property constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime, and/or items which the person cannot demonstrate the requisite lawful authority to possess, may be retained and stored as evidence.
(E) Disposition and release of personal property.
(1) All personal property removed from any campsite which is not exempt personal property shall be stored by the Troy Police Department, for a minimum of 30 days, during which time it shall be reasonably available for and released to an individual confirming ownership.
(2) All exempt personal property may be disposed of or retained as evidence by the Troy Police Department.
(F) Penalty; mitigation.
(1) The penalty for any person's first violation of this section within a rolling 24-month period shall be $75.
(2) The penalty for any person's second violation of this section within a rolling 24-month period shall be $150.
(3) The penalty for any person's third violation of this section within a rolling 24-month period shall be $350.
(4) The penalty for any person's fourth violation of this section within a rolling 24-month period shall be $500.
(5) The penalty for any person's fifth violation of this section within a rolling 24-month period shall be $750.
(6) The penalty for any person's sixth or subsequent violation of this section within a rolling 24-month period may be a monetary penalty of $750 or incarceration for a period not exceeding the maximum time allowed pursuant to ILCS Ch. 65, Act 5, § 1-2-9.
(7) As a substitute for any monetary penalty assessed pursuant to divisions (F)(1) through (6) above, and if consented to by the city, the penalty assessed to any person found in violation of this section may be that the person must engage in public service by cleaning the rights-of-way and other public facilities of the city for an amount of time that, if the person found to have violated this section was being paid the minimum wage under Illinois law, the amount paid for that person's labors would have been equal to the monetary penalty assessed under this section.
(8) The city is hereby empowered to exercise all powers afforded to it, at law or in equity, to collect any fines assessed against a person pursuant to this section, including but not limited to seeking incarceration of the person for a period of time that conforms with ILCS Ch. 65, Act 5, § 1-2-9.
(9) In the imposition of any penalty pursuant to this section, the penalty shall be mitigated by whether or not the person immediately removed all personal property and litter, including but not limited to bottles, cans, and garbage, from the campsite after the person was informed that the person was in violation of this section.
(10) A separate offense of this section shall be deemed committed on each day on which a violation occurs or continues.
(11) In addition to any other remedy provided by law or this section, any person found in violation of this section may be immediately removed from the premises where the campsite is located.
(Ord. 2024-47, passed 8-5-2024)