HomeMy WebLinkAbout3171 Overnight Sleeping in Vehicles 1 ORDINANCE NO. 3171
2 AN ORDINANCE RELATING TO OVERNIGHT SLEEPING IN VEHICLES; ADDING
3 NEW AMC CHAPTER 10.48.
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Annotated to show deletions and additions to the Ashland Municipal Code sections being
5 modified. Deletions are hold-lined-through, and additions are bold underlined.
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7 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
8 SECTION 1. New Chapter 10.48 is hereby added to the Ashland Municipal Code as follows:
9 10.48.020 Definitions,
10 A. Person in charge. A person who has lawful control of a premises by ownership,
11 by official position,or hy another legal relationship to the premises.
12 B. Religious Institution or Place of Worship. A structure used primarily as a
13 meeting area for religious activities. As used in this chapter,Religious Institution or
14 Place of Worship does not include a dwelling as defined in AMC 18.6.1.030.
15 C. Vehicle. A car, camper,travel trailer, recreational vehicle, or similar
16 conveyance.
17 10.48.040 Overnight Sleeping in Vehicles
18 A. Notwithstanding any other provision of the Ashland Municipal Code,persons
19 may sleep overnight in a vehicle in a parking lot of a Religious Institution or Place of
20 Worship that owns or leases real property on which a structure and an associated
21 parking lot are located,provided that said persons have obtained the permission of
22 the person in charge. The person in charge may not grant permission for more than
23 three(3)vehicles used for sleeping to utilize the parking lot at any one time.
24 B. A person in charge who allows a person or persons to sleep overnight in a vehicle
25 on the premises pursuant to subsection A of this section shall:
26 1. Provide or make available'on the premises sanitary facilities including,
27 but not limited to,toilet,hand washing, and trash disposal facilities;
28 2. Not allow the overnight users' personal items to be visible from any public
29 street; and
30 3. Not require payment of any fee, rent,or other monetary charge for
overnight sleeping in a vehicle as authorized by this section.
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1 C. A person in charge who permits overnight sleeping in a vehicle pursuant to
2 subsection A of this section may revoke that permission at any time and for any
3 reason. Any person who receives permission to sleep on a premises as provided in
4 subsection A of this section shall leave the premises immediately after permission
5 has been revoked.
6 D. Notwithstanding any other provision of this section, the City Administrator or
7 the City Administrator's designee may prohibit overnight sleeping in a vehicle at a
8 premises as provided in subsection A of this section if the City Administrator or
9 the City Administrator's designee finds that such activity on the premises
10 constitutes a nuisance or other threat to public health,safety,or welfare.
11 E. In addition to any other penalties that may be imposed,any premises used for
12 overnight sleeping in a manner not authorized by this section or other provisions of
13 this Code shall constitute a nuisance and may be abated as such.
14 F. Nothing in this chapter creates any duty on the part of the City, its employees, or
15 its agents to ensure the protection of persons or property with regard to overnight
16 sleeping in vehicles.
17 10.48.060 Enforcement
18 The City has the administrative authority to implement and enforce this chapter, including
19 the adoption of administrative rules, regulations, or policies. This provision shall not be
20 construed to abrogate or limit the jurisdiction or authority of the Ashland Police
21 Department or any other law enforcement agency.
22 SECTION 2. Codification. In preparing this ordinance for publication and distribution,the
23 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
24 such limitations,may:
25 (a) Renumber sections and parts of sections of the ordinance;
26 (b) Rearrange sections;
27 (c) Change reference numbers to agree with renumbered chapters, sections or other parts;
28 (d) Delete references to repealed sections;
29 (e) Substitute the proper subsection, section, or chapter numbers;
30 (f) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
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1 (h) Correct manifest clerical, grammatical, or typographical errors.
2 SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable,
3 and if any part of this ordinance is held invalid by a court of competent jurisdiction,the
4 remainder of this ordinance shall remain in full force and effect.
5 PASSED by the City Council this 19th day of February, 2019.
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8 ATTEST:
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12 City Recorder
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14 SIGNED and APPROVED this day of E6•w , 2019.
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17 Job Stromberg, Mayor
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21 Reviewed as to form:
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24 David H. Lohmt n, City Atto ey
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ORDINANCE NO. 3171 Page 3 of 3