CHAPTER 5-9: OUTDOOR CAMPING
SECTIONS:
5-9-2: CAMPING ON MUNICIPAL PROPERTY:
5-9-3: CAMPING ON PRIVATE PROPERTY:
5-9-5: DISPOSAL OF ABANDONED PROPERTY:
5-9-1 DEFINITIONS:
"Camping" or "camp" shall mean to use any real property owned or controlled by the City for living accommodation purposes, whether temporary or permanent, including, but not limited to, activities such as:
(A) Using a tent, shelter, vehicle, trailer, camper, or other structure for sleeping;
(B) Sleeping activities or making preparations to sleep including the laying down of bedding material for the purpose of sleeping;
(C) Storing personal belongings; unless in a vehicle, trailer, or camper and neither used overnight or for sleeping;
(D) Making any fire, other than in a fire or barbecue pit provided by the City for such use;
(E) Cooking, other than in a fire or barbecue pit provided by the City for such use.
The above listed activities shall constitute camping when it reasonably appears, in light of the totality of circumstances, that the participants, in conducting such activities, are in fact using the area for living accommodation purposes, either as recreational camping or as a primary living space, and regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
"Public property" means any public school, park, playground, splash pad, restroom, street, sidewalk, right-of-way, highway, alleyway, bike path, transit stop or facility, mountain park, preserve, open space, or land whether improved or unimproved, or attraction, structure, facility, parking lot, or property open for public use within the City of Prescott. (Ord. 2023-1844, 10-24-2023)
5-9-2 CAMPING ON MUNICIPAL PROPERTY:
(A) Prohibited Acts. The purposes of this chapter include but are not limited to: preserve the parks and other public property for the enjoyment, safety, comfort and convenience of the public; enhance the orderly administration and management of the parks in accordance with the Recreation Services operation and stewardship plans and policies; preserve, protect and prevent damages to cultural and natural resources and constructed physical improvements; and maintain a healthy natural ecosystem and support native wildlife. This chapter prohibits conduct that unreasonably interferes with the administration and lawful uses of the parks and public property, by limiting or restricting uses on reasonable time, place, and manner as identified within this chapter. This chapter provides for the enforcement necessary to prevent nuisances and to protect the health, welfare, and safety of the public using the City’s parks.
(B) Time Regulations. No person shall camp on any public property between the hours of 8:00 a.m. and 8:00 p.m., unless expressly designated as a permitted campsite or otherwise expressly permitted by the City. After 8:00 a.m., any campsite must be dismantled, and all personal property and trash items removed from the location until 8:00 p.m.
(C) Place Regulations.
1. No person may camp in the following places at any time:
(a) In the Prescott Entertainment District.
(b) On sidewalks, trails, rights-of-way, streets, alleys, thoroughfares, or any other area of pedestrian or vehicular traffic.
(c) Within five hundred feet (500') of a preschool, kindergarten, elementary or secondary school, or a childcare center.
(d) Areas posted no-trespassing by the City.
(e) No person shall camp within five hundred feet (500') of another person who is camping unless the persons are members of the same immediate family or in a designated camping area.
(D) Manner Regulations.
1. A person camping on public property may not:
(a) Obstruct access to private property or businesses adjacent to the public right-of-way.
(b) Start or maintain any fire for the purposes of burning any combustible material in or around the campsite.
(c) Use a gas heater in or around a campsite.
(d) Erect, install, place, leave, or set up any type of permanent or semi-permanent fixture or structure of any material(s) in or upon public property or public right-of-way.
(e) Dig, excavate, terrace soil, alter the ground or infrastructure, cause environmental damage, or damage vegetations or trees in or around a campsite.
(f) Place or store personal belongings, or other objects, in a total area encompassing more than ten (10) square feet outside the tent or readily portable shelter.
(g) Accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, sewage, drug paraphernalia, or syringes in the public rights-of-way, on public property, or on any adjacent public or private property.
Nothing in this section shall be construed to criminalize homelessness, target the homeless community, or otherwise criminalize an individual’s status rather than an individual’s conduct. (Ord. 2023-1844, 10-24-2023)
5-9-3 CAMPING ON PRIVATE PROPERTY:
No person shall camp on private property unless that person has permission from the property owner or lawful tenant of that property.
(A) Camping on private property shall not be permissible for any length of time exceeding fourteen (14) consecutive days, and subject to the following conditions:
1. Frequency may not exceed five (5) times per calendar year, with a minimum of thirty (30) day intervals between each fourteen (14) day period.
2. No property owner or lawful tenant may charge rental or other fees of a person camping on their property.
3. Camping on private property within the Prescott Entertainment District is prohibited, unless such camping is located behind a residential structure and not visible from an adjacent road or public right-of-way.
4. Camping on private property must meet the same setbacks applicable to a primary residence.
5. It is a violation of this chapter if any person camping on private property shall accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, sewage, drug paraphernalia, or syringes on such private property.
6. Camping in a recreational vehicle shall be governed in accordance with the Prescott Land Development Code. (Ord. 2023-1844, 10-24-2023)
5-9-4 PENALTY:
An initial violation of this chapter shall result in a citation to appear before the City Magistrate. No person shall be incarcerated for a violation of this chapter unless the person continues to engage in prohibited conduct after issuance of a written warning or citation by any police officer, refuses to sign the citation, or unless such property has been conspicuously posted with a warning of the provisions of this chapter.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1. Each day that a violation of this chapter continues shall constitute a separate offense. (Ord. 2023-1844, 10-24-2023)
5-9-5 DISPOSAL OF ABANDONED PROPERTY:
Any camping equipment, gear, personal belongings, vehicles, or structures used by a person in violation of this Code shall be removed from the public property within twenty-four (24) hours of the issuance of a citation or warning. Any property remaining after twenty-four (24) hours from the issuance of the citation shall be deemed abandoned. After twenty-four (24) hours, if the property has not been removed, the City shall seize and destroy any hazardous and bulky items, debris, and other trash. Any remaining property shall be stored by the City for a total of fourteen (14) days. Written notice shall be left at the site where the property was seized, or given directly to the owner of the property, explaining where the seized property is located, how to retrieve such property, and how to contest the destruction of the property. If a person fails to retrieve the abandoned property or fails to request a hearing concerning said destruction within fourteen (14) days of its collection, such property shall be destroyed at the expense of the violator. (Ord. 2023-1844, 10-24-2023)
5-9-6 SEVERANCE CLAUSE:
The provisions of this chapter are hereby declared to be severable, and if any section, sentence, clause or phrase of this chapter shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the validity of any part thereof. (Ord. 2023-1844, 10-24-2023)