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HomeMy WebLinkAbout2972 Prohibited Camping ORDINANCE NO. ~ f ~ AN ORDINANCE AMENDING CHAPTER 10.46, PROHIBITED CAMPING, REVISING PENALTIES, CLARIFYING AND AMENDING TIMEFRAMES AND PROCEDURES, AND OTHER REQUIREMENTS Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland wishes to modify and update the City Ordinance relating to Prohibited Camping, to clarify the offense is a violation and not a crime, and to adjust timeframes and other provisions; and THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.46.020, Camping Prohibited, is hereby amended to read as follows: 10.46.020 Camping Prohibited No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park, or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code. bv the owner of the property. or by emeraencv declaration under AMC 2.62.030 of the Mayor in emergency circumstances. SECTION 2. Section 10.46.040.A. and D, Removal of Campsite, is hereby amended to read as follows: 10.46.040 Removal of Campsite A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance. All posted notices shall be in Enalish and Spanish. A City enforcement officer shall not issue a citation for violation of Chapter 10.46 if the citation would be issued within 200 feet of the notice (identified above) and within two hours before or after the notice was posted. B. At the time that a 24-hour notice is posted, the city shall inform a local agency that delivers social services to homeless individuals where the notice has been posted. C. The local agency may arrange for outreach workers to visit the campsite where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance. D. All personal property shall be given to the police department whether 24-hour notice is required or not. The property shall be stored for a minimum of 60 -t4 days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for 60 -t4 days may be disposed of Page 1 of 3 -.m T consistent with state law and AMC 2.44 for disposition of found. lost. unclaimed or abandoned property. as applicable. For purposes of this paragraph, "personal property" means any item that is reasonably recognizable as belonging to a person and that has apparent utility. Items that have no apparent value or utility or are in an insanitary or putrescent condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be given to the police department. E. The 24-hour notice required under subsection D of this section shall not apply: 1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring. 2. In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety. SECTION 3. Section 10.46.050, Penalties, is hereby amended to read as follows: 10.46.050 Penalties A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of a violation an infraction as set forth in Section 1.08.020 1.08.010. B. Up to 48 hours of community service may be ordered by the Court and such service may include clean-up of illeaal campsites. The court shall consider in mitigation of any punishment imposed upon a person convicted of prohibited camping whether or not the person immediately removed the campsite upon being cited. For purpose of this section, removal of the campsite shall include all litter, including but not limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by the person in and around the campsite. All litter in and around the campsite shall be presumed to be deposited by the person convicted of prohibited camping. Such presumption shall be rebuttal rebuttable, however. SECTION 4. Section 10.46.060, Application outside city, is hereby amended to read as follows: 10.46.060 Application outside city Pursuant to ORS 226.010. tl=his chapter applies to acts committed on park property owned by the city that is located outside the city. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sec~ions, subsections, paragraphs and clauses. SECTION 6. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced shall remain Page 2 of 3 valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code" I "article" I "section" I or another word, and the sections of this Ordinance may be renumbered, or re-I ette red , provided however that any Whereas clauses and boilerplate provisions (Le. Sections 5-7) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors.. The foregoing ordinance was first read by title only in ac?~~~~with Article X, Section 2(C) of the City Charter on the ~ day of ~(;;i'IUfl"Vr , 2008, and duly PASSED and ADOPTED this day of IItJJ~ , 2008. " ~ /I{ f!k;~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this ~ d~y of ~2008 Reviewed as to form: Page 3 of 3