ARTICLE IV. - CAMPING ON PUBLIC PROPERTY

Footnotes:

--- (1) --- Editor's note— Ord. No. 2024-22, adopted Nov. 19, 2024, set out provisions intended for use as §§ 12-82—12-87. For purposes of clarity, to preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 12-91—12-96.

Sec. 12-91. - Finding and purpose.#

Camping without adequate sanitation services, such as access to water, sewer, and regular sanitation collection, presents a public health and safety concern. Challenging access to remote locations for public safety/first responders creates a burden for timely emergency services and increases the risks to residents, visitors and town employees. Additionally, unauthorized camping on public property often interferes with the intended use of the public space. As a result, this camping ordinance is necessary to protect the health, safety, and welfare of the community and to prevent interference with the rights of others to use public spaces for the purposes for which they were intended and preserve such open spaces and natural resources.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-92. - Definitions.#

Camp or to camp means to shelter in a tent, under a tarp or canopy, in a motor vehicle, camper, or in any other outdoor shelter for the purpose of living accommodations.

Camping materials means any item used to camp or to provide outdoor shelter, such as a tent, tarp, canopy, mattress, furniture, fuel tanks, stoves, heating units, luggage, backpacks, and cooking paraphernalia.

Campsite or encampment means any place where a tent, tarp, or other temporary structure is located for the purpose of providing outdoor shelter.

Public property mean any town owned property, improved or unimproved, including, but not limited to a public park, public street, public sidewalk, public parking lot, public alley, public education institution and property, public recreation facility, public right-of- way, river walk, and bike path.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-93. - Unauthorized camping on public property.#

It is unlawful to camp, to occupy a campsite, or to leave camping materials on public property unless specifically authorized to do so by the Director of Public Works or his/her designee for an approved, permitted event.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-94. - Unauthorized use of fire on unauthorized campsite.#

It is unlawful to use a fuel tank or have an open fire on at an unauthorized campsite on public property. Notwithstanding the above, portable propane tanks may be used within designated picnic areas during regular park hours.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-95. - Removal of personal property at unauthorized campsites.#

Any camping materials and personal property abandoned at an unauthorized campsite may be removed and properly disposed of by the town. The town, its agents, and/or employees will not be liable for any loss or damage of any kind associated with the removal and/disposal of abandoned property at unauthorized campsites. Before removing any personal property, a public safety officer or his/her designee shall attempt to provide any readily apparent owners with at least 72 hours notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the apparent owner refuses to remove the personal property from public property, then the public safety officer may cause the personal property to be removed from public property. The public safety officer shall post a notice on or near the personal property so as to communicate the notice to the owner the following information: (1)

The location where the personal property was located;

(2)

The date and time notice was served or posted;

(3)

A statement that the storage of personal property violates this Section;

(4)

An advisement that the town has impounded the personal property for at least 30 days, the process to recover the personal property and storage location, and that the personal property will be disposed of after 30 days if not claimed.

The public safety officer may immediately properly dispose of or secure, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be legally seized, as permitted by law.

(Ord. No. 2024-22, 11-19-2024)

Sec. 12-96. - Penalties.#

Any person found to be in violation of any provision of chapter 12, article IV may be subject to a non-criminal hearing in municipal court via a summons to appear (defined in chapter 11.5 courts) and be issued a no trespass warning documented by the police department during a first offense. A second offense or subsequent offense shall include a municipal court hearing with a punishment by a fine not exceeding $100.00 at the discretion of the judge along with a continuance for acceptance of appropriate social services. Violations of any no trespass orders shall be handled within the jurisdiction of the district court.

(Ord. No. 2024-22, 11-19-2024)