R23-11-32 Exhibit "A" 1
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EXHIBIT “A” RESOLUTION R23-11-32 TITLE IX: GENERAL REGULATIONS, CHAPTER 92: PARKS, § 92.29 CAMPING, LODGING OUT-OF-DOORS IN PARKS, ON PUBLIC PROPERTY PROHIBITED. (A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning. CAMPING. 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 a 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. LIVING ACCOMMODATION PURPOSES. To use publicly owned property as a temporary or permanent place of lodging or residence. LODGING OUT-OF-DOORS. Using publicly owned property for living accommodation purposes by the erection, use, or occupation of any tent, hut, lean-to, shack, temporary shelter, or the like, for sleeping purposes or the laying down of bedding, such as a blanket, sleeping bag, bed roll, newspapers, cardboard, or similar material for the purpose of sleeping. PUBLICLY OWNED PROPERTY. Any real property, personal property, or servitudes owned, acquired, or leased by the City, including, but not limited to a building, structure, sidewalk, street, parking strip, alley, lane, public right of way, park, open space, bench, equipment, and other similar property. (B) It shall be unlawful for any person to use publicly owned property in the city, including parks, for living accommodation purposes, camping, and/or lodging out-of- doors, except as may be specifically authorized by the appropriate governmental authority. (C) No person shall be charged under this section unless the person continues to engage in conduct prohibited by this section after having been: (1) Notified by a law enforcement officer that the conduct is prohibited; and (2) Provided an opportunity to relocate. (DC) First vViolations of divisionparagraph (B). (1) Any person who after being notified by a law enforcement officer and provided the opportunity to relocate, fails to do so shall be subject to arrest for violation of divisionparagraph (B). (2) The firstA violation of divisionparagraph (B) shall be designated a Class 31 misdemeanor. (E) Second and subsequent violations of division (B). (1) Any person who having previously violated division (B), and having received notification from a law enforcement officer and provided the opportunity to relocate, shall be subject to arrest and increased penalties. (2) The second violation of division (B) within a 12 consecutive month period shall be designated a Class 2 misdemeanor. (3) The third and subsequent violations of division (B) within a 12 consecutive month period shall be designated a Class 1 misdemeanor.