Chapter 19.08
CAMPGROUNDS
Sections:
19.08.030 Parking or camping prohibited – Enforcement.
19.08.040 Parking or camping fees authorized.
19.08.050 Payment of fees – Display of permit – Cleanup deposits.
19.08.060 Maximum duration of camping.
19.08.070 Certain acts prohibited.
19.08.080 Storage of garbage, refuse and other wastes.
19.08.100 Unauthorized structures.
19.08.110 Disposition of revenues.
19.08.120 Violation – Penalty.
Prior legislation: Ords. 70-5 and 73-13.
19.08.010 Purpose.
The purpose of this chapter is to protect, preserve, and control all campgrounds, campsites, and camping on all lands owned or controlled by the City. [Ord. 81-1(S), 1981. Code 1967 § 5-700.1].
19.08.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“Campground” means an area owned, controlled, developed and/or maintained by the City, which contains one or more improved campsites or contains adequate area for one or more unimproved campsites.
“Camping” means:
1. The erection of or occupancy of any tent, regardless of whether said tent is of commercial manufacture or has been constructed in whole or part by any person;
2. The placing or leaving of any items normally found at a campsite within campsite such as cookstoves, lanterns, etc., if sleeping bags and/or other forms of bedding are also left at the location;
3. Parking of any camper unit in any area owned or controlled by the City, which has been designated a camping area by official signs, in excess of 24 hours, shall constitute camping, regardless of any physical change in campsite within camping area;
4. The presence of any person sleeping in any motor vehicles or camper units between the hours of midnight and 6:00 a.m. shall constitute prima facie evidence of camping;
5. Sleeping on the ground, with or without any shelter, sleeping pad, etc., between the hours of midnight and 6:00 a.m., on any land owned or controlled by the City, shall constitute camping;
6. Preparation or consumption of meals in, or in affiliation with and in proximity to, any camper unit at any time following midnight of the day said camper unit was parked in any campground shall constitute prima facie evidence of camping.
“Camping season” means that period of time from April 1st through October 30th.
“Campsite” means all improved and unimproved campsites located on lands owned or controlled by the City.
“Designated camping area” means any area of land owned or controlled by the City, which has been marked by official signs as open to camping or campers.
“Immediately mobile” means that the camper unit may be moved from its campsite by either:
1. Starting its propulsion engine and driving said unit away; or
2. By attaching a towing vehicle to the trailer hitch of said camper unit and pulling it away; provided, that in both subsections (1) and (2) of this definition, the removal must be feasible without any preliminary actions to prepare the vehicle for removal, such as, but not limited to, installation of wheels, or removal of support structure or platforms, etc.
“Improved campsite” means any space designated for individual or family camping and normally containing a table, fireplace and parking space, and shall include the surrounding area which is, or has been, used for camp living and social functions by the camper.
“Other wastes” means garbage, refuse, offal, oil, grease, tar, dyestuffs, acids, chemicals, industrial or seafood processing wastes, and any other substance which may cause, or tend to cause, pollution of the lands or waters within the City.
“Parking” means the placing or leaving of any motor vehicle or trailer on any land within the City, if the propulsion engine of said vehicle is off.
“Permanent structure” or “shelter” means any collection, assemblage, construction, or assortment of materials or devices; whether of natural or synthetic nature, which has served or is reasonably capable of serving as protection from any of the elements; or as an item constructed to enhance the habitability of a campsite, such as, but not limited to, structures functioning as, or which are reasonably capable of functioning as, furniture items. Any camper unit rendered less than immediately mobile by the removal of wheels or placement on supports or platforms shall also be a permanent structure. Commercially manufactured tents and the flysheet supplied for the tent by the manufacturer or constructed in whole or in part from canvas, nylon or other tenting material shall not be classified as permanent structures or shelters unless they have been placed on a platform or material other than the soil at the site of erection.
“Self-contained camper unit” means all vehicles and trailers which contain sleeping facilities for one or more persons. Sleeping facilities shall also include any structure or area of any vehicle or trailer which circumstances indicate are actually being used for sleeping and need not consist of actual beds or bunks. Self-contained camper units are also referred to as “camper units” in this section. Self-contained camper units may be referred to as “campers” on signs for designated camping areas.
“Temporary structure” or “shelter” means all tents of standard commercial manufacture with the flysheet provided by the manufacturer or constructed in whole or in part from canvas, nylon or other tenting material, and all commercially manufactured self-contained camper units, so long as said camper units are maintained in such a condition that they are immediately mobile. Any camper unit not maintained in an immediately mobile condition shall be deemed a permanent structure.
“Unimproved campsite” means that area of land surrounding any temporary structure on any City-owned or City-controlled property open to camping, other than improved campsites, and the structure itself; said area shall be that area which is being or has been used for camp living and social functions. [Ord. 99-18(A) § 1, 1999; Ord. 81-1(S), 1981].
19.08.030 Parking or camping prohibited – Enforcement.
a. No person shall park any motor vehicle or camper or otherwise camp on any City-owned or City-controlled property where any official sign prohibits parking or camping.
b. Camping, as defined in HCC 19.08.020, is prohibited in areas other than those so designated by the City, except where campers camping on private property have written permission to do so from the property owner.
c. Persons who refuse to remove themselves and their personal property from unregulated camping areas upon request by an authorized representative of the City shall be removed, together with their personal property, from the areas using such force as may be necessary under the circumstances.
d. Camping in a closed campground is prohibited. All City campgrounds shall be closed outside of the camping season, except winter camping may be allowed in a City-owned campground on the Homer Spit as designated by the City Manager. All normal camping fees and rules will apply to winter camping areas. [Ord. 16-08 § 1, 2016; Ord. 99-18(A) § 2, 1999; Ord. 82-10 § 1, 1982; Ord. 81-1(S), 1981. Code 1967 § 5-700.2].
19.08.040 Parking or camping fees authorized.
The City Manager or his designee is authorized, with the approval of the City Council, to establish parking and camping fees for lands owned or controlled by the City. [Ord. 81-1(S), 1981. Code 1967 § 5-700.3].
19.08.050 Payment of fees – Display of permit – Cleanup deposits.
It is unlawful to camp in a designated camping area on lands owned or controlled by the City without having first paid the appropriate fee to the authorized agent for the City and having obtained the requisite permit. Evidence of payment of the camping fees shall be immediately produced upon the request of the fee agent or any peace officer. Permits issued pursuant to this section shall be displayed at all times while camping, in accordance with the instructions provided therewith. No permit shall be issued unless the applicant provides all information requested by the authorized representative of the City. A deposit to insure cleaning of campsites at the termination of use may also be required prior to issuance of a permit. [Ord. 81-1(S), 1981. Code 1967 § 5-700.4].
19.08.060 Maximum duration of camping.
a. No person shall camp on City-owned or City-controlled property in excess of 14 calendar days, regardless of any changes in campsite or campgrounds. Persons who have utilized their 14-day camping period may not return to camp in any City-owned or City-controlled camping area for 14 additional days following the last day of their 14-day camping period. The 14 days of authorized camping need not be consecutive.
b. An exception may be granted to the 14-day limitation if there are sufficient vacant campsites, as determined by an authorized City official. All persons shall move their campsite at the end of each 14-day period. [Ord. 81-1(S), 1981. Code 1967 § 5-700.5].
19.08.070 Certain acts prohibited.
It shall be unlawful for any person to:
a. Dispose of or deposit human body wastes or any other waste on City-owned or City-controlled land other than in authorized or designated receptacles;
b. Make or cause to be made any unnecessary or unusual noise which annoys, injures or endangers the comfort, repose, health or safety of the public, or any individual member of the public on City-owned or City-controlled land;
c. Erect, occupy, or otherwise utilize any temporary or permanent structure or shelter on City-owned or City-controlled lands.
1. Exception. Unless otherwise prohibited, tents of standard commercial manufacture or constructed in whole or in part from canvas, nylon or other tenting material may be erected and occupied in designated camping areas. Structures so exempted may not be modified, extended, or sheltered by the addition of any material not a commercially manufactured component of said tent or other than a recognized tenting material.
2. Exception. Unless otherwise prohibited, self-contained camper units may be parked and occupied in designated camping areas so long as they remain immediately mobile;
d. Park, leave, maintain, or utilize any vehicle, camper unit, or camp in violation of any provision of any section of this chapter. All vehicles, camper units, or other camps in violation shall be subject to impoundment by any peace officer. All costs of impoundment and storage of any property so impounded shall be paid before said property shall be released. Property so impounded shall additionally be subject to an impound fee in the amount as set forth in the most current City of Homer fee schedule, which shall be paid before said property is released. All permanent structures shall be impounded pursuant to HCC 19.08.100;
e. Deface, destroy, alter, remove, or otherwise disfigure any equipment, sign, utility services, or other facility owned or provided by the City at any City-owned campground or campsite, or parking area adjacent thereto;
f. Allow any dog owned, harbored, or controlled by a person to be physically unrestrained in any City-owned or City-controlled campground. All fecal wastes of any dog discharged or deposited on any lands within a City-owned or City-controlled campground shall be immediately removed by the person owning, harboring, or controlling said animal and shall be deposited in trash receptacles or otherwise stored in containers pursuant to HCC 19.08.080;
g. Leave any campsite in a disorderly or unsightly condition upon termination of use. [Ord. 22-72(S-2) § 1, 2023; Ord. 21-51 § 7, 2021; Ord. 81-1(S), 1981. Code 1967 § 5-700.6].
19.08.080 Storage of garbage, refuse and other wastes.
All garbage, refuse, and other waste created or compiled in the course of activities while camping shall be stored in opaque containers which shall be tightly closed to contain odors and to exclude insects, rodents, and vermin. Plastic garbage sacks are acceptable containers for compliance with this section. [Ord. 81-1(S), 1981. Code 1967 § 5-700.7].
19.08.090 Unattended camps.
A campsite shall be occupied on the first night after equipment, vehicles, or tents have been set up. Equipment left unattended for a period of 72 hours at any campsite on City-owned or City-controlled property may be impounded unless prior permission for a longer storage period has been obtained from an authorized City representative. An impound fee in the amount as set forth in the most current City of Homer fee schedule and all costs of impoundment and storage shall be paid before said property may be released. [Ord. 21-51 § 7, 2021; Ord. 81-1(S), 1981. Code 1967 § 5-700.8].
19.08.100 Unauthorized structures.
Any structure erected, maintained, occupied, or utilized on City-owned or City-controlled land without written permission from the City Manager or otherwise permitted under this chapter shall be unlawful and shall be subject to impoundment or disposal by any peace officer. If said structure is impounded pursuant to this section, all costs of impoundment and storage shall be paid in addition to the impound fee in the amount as set forth in the most current City of Homer fee schedule before said structure may be released. All costs of recovery shall be borne by the person claiming said structure. [Ord. 21-51 § 7, 2021; Ord. 81-1(S), 1981. Code 1967 § 5-700.9].
19.08.110 Disposition of revenues.
All revenue from fees paid for parking or camping on the Homer Spit shall be deposited into the port operations fund or disposed of in accordance with the terms of the contract with the concessionaire for parking and/or camping on City-owned or City-controlled campgrounds. [Ord. 23-17 § 1, 2023; Ord. 81-1(S), 1981. Code 1967 § 5-700.10].
19.08.120 Violation – Penalty.
The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. [Ord. 18-11 § 17, 2018].