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1. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas;
A. Any park;
B. Any publicly-owned property to which the public is not ordinarily allowed access, including but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties;
C. That portion of any street or sidewalk that is expressly reserved for vehicular or pedestrian travel;
D. Portions of any street right-of-way that is not expressly reserved for vehicular or pedestrian travel; and
E. Any other publicly-owned parking lot or publicly-owned property, improved or unimproved.
1. Violation of any of the provisions of this chapter is a simple misdemeanor punishable by a fine but not imprisonment. Notwithstanding, the maximum fine imposed for a first conviction for a violation of this chapter shall be no more than one hundred and five dollars ($105.00).
2. Prior to imposing any fine for violation of this chapter, the court shall make an inquiry into a person’s ability to pay. In the event that a defendant is determined by the court to be unable to pay the fine imposed, the court is explicitly authorized to impose a requirement to perform community service in lieu of paying a fine.
1. A violation of this chapter shall be enforced as follows:
A. Prior to issuing any citation of arrest pursuant to this chapter, the investigating officer shall inquire whether the unlawful camping and storage of personal property is due to houselessness. If the officer learns that such is the case, the officer shall determine, in accordance with the relevant department policy, if there is available overnight shelter to accommodate the subject of the investigation. If the officer determines that there is no available overnight shelter, the officer shall not issue a citation unless it is a repeat offense.
B. If the officer determines that there is available overnight shelter, the officer may, within his or her discretion:
(1) Provide directions to the shelter location.
(2) Offer one-time transport to the shelter location.
(3) Any individual who refuses to accept the shelter space offered is subject to citation in accordance with Section 47.03 of this chapter.
1. The following definitions are applicable to this chapter unless the context otherwise requires:
A. “Available overnight shelter” means a location which is designed or offers temporary, overnight lodging to those without such. A person’s choice not to attend or avail themselves of available overnight shelter, engage in illegal activity, or failure to follow rules applicable to any such available overnight shelter shall not make a shelter unavailable for the purpose of this chapter.
B. “Camp” means to pitch or occupy camp facilities, to use camp paraphernalia;
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters when used for sleeping or overnight shelter. “Camp facilities” does not include tents, huts, or temporary shelters when used temporarily in a park for recreation or play during daylight hours when the park is open to the public;
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or noncity-designated cooking facilities and similar equipment;
E. “Park” means those areas subject to the executive and administrative responsibility of the Park Board established by Code of Ordinances of the City of Waukee Chapter 24, including but not limited to parks, trails, playgrounds, athletic fields, and public open space;
F. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location;
G. “Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Waukee that is open as a matter of right to public vehicular travel.