(A) Legislative statement.
(1) General statement. Transient activity is a complex social problem that has become pervasive throughout our community and communities throughout the state. Some individuals find themselves in a temporary homeless situation through no real fault of their own, other than having fallen on economic hard times. Others may be living on the street because of substance abuse, mental illness, or other causes.
(2) Violative and problem conduct. Being homeless is not a crime. Some conduct associated with a transient population is illegal, can have a detrimental effect on local businesses, and should be reported to law enforcement. Such conduct includes public intoxication, loitering, prowling, fighting, trespassing, aggressive panhandling, soliciting, camping or sleeping in posted or public areas, littering, obstructing sidewalks, living in a vehicle, disturbing the peace, or behaving in a threatening manner.
(Prior Code, § 6.02.071)
(B) Prohibited activities described. It is unlawful for any person to:
(1) Camp, lodge, sleep, cook, make fire, pitch a tent or shelter of any kind, make any ground cover, place sleeping bags or bedding of any kind, or utilize camping equipment of any kind on any public right-of-way or other public property without a permit;
(2) Fail to move any camp, related materials, person, or persons, from a location on the public right-of-way or public property, or posted private property where there is agency granted, within five minutes after being directed to move by a city or law enforcement official; and/or
(3) Be disruptive while intoxicated, loiter, prowl, fight, trespass, perform aggressive panhandling, urinate in a public place, unlawfully solicit money or property, sleep in posted or public areas, litter, obstruct sidewalks, live in a vehicle, disturb the peace, or behave in a threatening manner to another person.
(Prior Code, § 6.02.072)
(C) Letter of agency. A business or authorized private property owner may grant an annual “letter of agency” that authorizes law enforcement to enter private property to investigate suspicious activity and to cite, or arrest, people trespassing, or found to be in violation of law, or committing a crime. Any business or property owner that grants a letter of agency shall post the property in highly-visible locations with no trespassing or agency authority signs. Any request by a business or property owner for a letter of agency shall be made to law enforcement in the form and manner as prescribed by the law enforcement authority.
(Prior Code, § 6.02.073)
(D) Guidelines for managing transient activities. When dealing with homeless and transients, the following guidelines are useful:
(1) Use caution and avoid confrontations;
(2) Permit no one to camp, loiter, or store personal belongings on your property;
(3) Do not offer food or money, which encourages additional panhandling;
(4) Identify and create relationships with local charities, missions, food banks, and other social service organizations that provide services to assist transient populations and those in need;
(5) Restrict overnight access to outdoor areas protected from inclement weather;
(6) Lock or remove handles from water spigots;
(7) Keep trash dumpsters, or other receptacles, locked when not being filled or emptied;
(8) Secure outside storage sheds or containers;
(9) Lock exterior power outlets;
(10) Lock gates after hours;
(11) Install dark-sky compliant motion-activated exterior lighting;
(12) Install surveillance and security measures;
(13) Maintain landscaping and avoid creating areas that block views or camera coverage;
(14) Maintain property, and keep it free of litter and junk; and
(15) Post signs detailing nighttime curfews and prohibitions of loitering, illegal lodging, drinking alcoholic beverages, and drug activities which state that anyone engaged in prohibited conduct will be asked to leave the property, and that failure to do so will cause local law enforcement to be contacted.
(Prior Code, § 6.02.074)
(Ord. 09-2019, passed 3-20-2019) Penalty, see § 131.99