§ 50-7. Camping; exception.

(a)

For the purpose of this section, the term "camping" means:

(1)

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

(2)

Sleeping out-of-doors; or

(3)

Cooking over an open flame or fire out-of-doors.

(b)

No person shall engage in camping on public property except as may be specifically authorized by the appropriate governmental authority by ordinance, rule, regulation or permit.

(c)

The act of sleeping while on public property in and of itself shall not provide a basis for a violation of this section. In order to find a violation of this section, an officer shall determine, at a minimum, that:

(1)

The person is occupying public property, to wit, property either deeded, or dedicated to or leased by a governmental agency or unity, and

(2)

The violator is inside a tent or sleeping bag, or is covered by materials such as blankets, newspapers, cardboard, or is inside some form of temporary shelter, or

(3)

The violator has built a campfire, or

(4)

The violator is asleep and when awakened he/she volunteers that he/she has no home or other permanent shelter.

(d)

Prior to citing an individual for a violation of this section, if such person is homeless he/she shall be given an opportunity to enter a homeless shelter or alternative shelter, if available. If no such shelter is available, no citation shall be issued. If such shelter is available, and the violator refuses to relocate to an available shelter, a citation may be issued for violation of this section.

(Ord. No. 2016-2 , § 5, 3-15-2016)