(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OVERNIGHT SHELTER. A public or private shelter, with available overnight space, that is open to an individual or family unit experiencing homelessness, at no charge, within the city.
PUBLIC CAMPING.
(a) The use of public land to conduct one or more specified activities when, based upon such use, it reasonably appears, in light of all the circumstances, that the participants, in conducting the specified activities, are using the area as a living accommodation, regardless of the intent of the participants or the nature of any other activities in which they may be engaging.
(b) PUBLIC CAMPING may include being located in or on any city real property, including but not limited to, any sidewalk, park, city building or parking lot, or any city right-of-way. The determination as to whether “camping” is occurring shall be made at the sole discretion of the city. PUBLIC CAMPING shall not include residing in a permanent structure that may be lawfully occupied as a permanent or temporary residence, nor shall it include “residential camping”.
RESIDENTIAL CAMPING. Includes camping and campsites in the rear yard of any private residentially zoned lot, so long as:
(a) The owner or occupant of the private residential lot consents;
(b) An adult owner or occupant of the private residential lot is present on the lot between the hours of 9:00 p.m. and 6:00 a.m. while camping is occurring;
(c) The owner or occupant of the private residential lot provides access by persons who are camping to a working toilet and sink in a building located on the same zoning lot as the campsite, and to that purpose, has an active water and sewer account with the city;
(d) Camping or maintenance of a campsite on any zoning lot is limited to not more than two consecutive nights and to not more than two nights in any calendar week; and
(e) No consideration, whether in money, goods, services, or otherwise, is given to the owner of the residential lot in exchange for the privilege of camping.
SPECIFIED ACTIVITIES. Can include, but are not limited to, one or more of the following:
(a) Making preparations to sleep such as laying down bedding;
(b) Storing personal belongings including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials;
(c) Making any fire for the purposes of warmth, or of cooking;
(d) Erecting a tent, lean-to, or other similar temporary structure; and/or
(e) The determination as to whether SPECIFIED ACTIVITIES are occurring shall be made at the sole discretion of the city.
(B) Offense. It shall be illegal to engage in camping on private property within the city without meeting the qualifications as defined for residential camping. It shall be illegal to engage in public camping on any public right of way or public property located within the city.
(C) Violations. Any person who shall violate or fail to comply with any of the provisions of this chapter shall be subject to penalty as provided in § 130.99 of this code.
(Ord. 24-5, passed 2-5-2024) Penalty, see § 130.99