Chapter 12.10
URBAN CAMPING
Sections:
12.10.010 Camping in Public Places
12.10.020 Limitations on Enforcement Actions
12.10.010 Camping in Public Places
A. Prohibited Use of Public Right-of-Way. It shall be unlawful and a public nuisance for any person to use a public street, alley, lane, parkway, or other right-of-way, whether such right-of-way has been dedicated to the public, in fee or by easement, for camping, except in the case of a physical emergency or the administration of medical assistance.
B. Prohibited Use of City Buildings, Facilities, and Property. It shall be unlawful and a public nuisance for any person to camp on any public property, including City buildings, facilities, or real property, including improved or unimproved lots and parks.
C. Definition. For the purposes of this chapter, the term "camp" or "camping" means to use real property of the City for living accommodation purposes such as sleeping activities, or making preparations to sleep, including the laying down of bedding for the purpose of sleeping, or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. The above-listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
D. Exception. Nothing in this section shall be interpreted to prohibit camping in designated campgrounds as regulated by Chapter 12.08, including overnight camping in developed recreation sites in McHood Park. The City may also establish procedures for the issuance of special use permits for overnight camping in a park or preserve, which shall be governed separately from this section. (Ord. 1411 § 1, 2024)
12.10.020 Limitations on Enforcement Actions
A. Shelter Space. Law enforcement officers shall not enforce Section 12.10.010 when there is no available shelter space or other designated camping zone for the person to utilize.
1. A shelter space shall still be considered an "available shelter" if the individual cannot utilize the space due to voluntary actions such as intoxication, drug use, unruly behavior, or violation of shelter rules.
2. A shelter space shall not be considered an "available shelter" if:
a. The individual is part of a family unit and the family would need to stay overnight at two (2) or more different shelters; however, a shelter space is considered "available shelter" if the individual is part of a family unit but the shelter requires that males and females must sleep separate and apart; or
b. Due to any restrictions or prerequisites placed on the use of the shelter space, the individual would be disqualified from utilizing the shelter space at no fault of their own; or
c. Utilization of the shelter space is contingent on mandatory participation in programs or activities which implicate the protections offered by the First Amendment of the United States Constitution.
B. Designated Camping Zones. The City Council may designate certain public property for camping and if such a designation has been made and space is available, then individuals desiring to camp on public property shall be required to camp in the designated area.
C. Individualized Assessments. Prior to taking enforcement action under this chapter, the City will make contact with individuals camping on public property in violation of Section 12.10.010 to assess individual circumstances including the availability of shelter space or other designated camping zone for the person to utilize. If camping is allowed due to lack of alternative shelter space or camping zone, rudimentary protections from the elements shall be allowed, including sleeping bags, pillows, and cardboard boxes or similar materials to protect the individual from the elements, during such time of allowed use. (Ord. 1411 § 1, 2024)
12.10.030 Violation—Penalty
A. Designation. Violation of this chapter shall be punishable as a Class 3 misdemeanor. Each day any violation of this chapter shall continue shall constitute a separate offense.
B. Alternatives to Citation. In lieu of a citation under this chapter, an individual may be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment with the consent of the individual. (Ord. 1411 § 1, 2024)