§ 10-7.1. Camping prohibited in public places.

(a)

Definitions.

(1)

Camping means:

a.

Sleeping in a temporary shelter out-of-doors or otherwise being in a temporary shelter out-of-doors; or

b.

Cooking over an open flame or fire out-of-doors or utilizing non-city designated cooking facilities.

(2)

Public place means any public street, sidewalk, alley or other public right-of-way, pedestrian mall, park, playground, or government-owned areas within the city.

(b)

Prohibit activities. It shall be unlawful for any person to engage in camping on any public place within the city unless specifically authorized for that purpose by the city manager or designee.

(c)

Evidence of camping. Prior to enforcing a violation of this section, an officer must consider the following:

(1)

Simply being asleep in a public place is not sufficient to constitute a violation of this section; and

(2)

Camping must be taking place in a public place;

(3)

The person who is engaged in camping must be inside or covered with material which provides a temporary cover from the elements, including but not limited to, a tent, sleeping bag, hammock, or blanket, cots, beds, tarpaulins, newspapers, cardboard, or foliage, or the person has built a campfire, or placed other items out as a camp, or the person has built a campfire, or other evidence of camping activities.

(d)

Enforcement and penalties. Any person who is observed engaged in camping in an unauthorized area shall vacate the public place upon request of an authorized official or law enforcement officer. The willful refusal to vacate the area shall be punished as a misdemeanor in accordance with this section 10-7.1.

(Ord. No. 11-09, § 1, 7-26-11)

Editor's note

Ord. No. 11-09, § 1, adopted July 26, 2011, repealed § 10-7.1 and enacted a new section as set out herein. The former § 10-7.1 pertained to sleeping in public places and derived from Ord. No. 11-07, § 1, adopted June 14, 2011.