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ORDINANCE NO. 5122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE CODE OF THE CITY OF CHANDLER BY ADDING CHAPTER 11-19 – CAMPING; PROVIDING FOR PENALTIES; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. Adding Chapter 11-19 – Camping to the Chandler City Code as follows: CHAPTER 11-19 CAMPING 11-19.1 PURPOSE. IT IS THE INTENT OF THIS CHAPTER TO PROTECT AND IMPROVE THE PUBLIC HEALTH, PRESERVE THE PARKS AND OTHER PUBLIC PROPERTY FOR THE ENJOYMENT, SAFETY, COMFORT AND CONVENIENCE OF THE PUBLIC, AND MAINTAIN A HEALTHY AND NATURAL ENVIRONMENT. THE STREETS AND PUBLIC AREAS WITHIN THE CITY SHOULD BE READILY ACCESSIBLE AND AVAILABLE TO RESIDENTS AND THE PUBLIC AT LARGE. THE USE OF PUBLIC AREAS FOR CAMPING PURPOSES OR STORAGE OF PERSONAL PROPERTY INTERFERES WITH THE RIGHTS OF OTHERS TO USE PUBLIC AREAS FOR WHICH THEY WERE INTENDED. SUCH ACTIVITY CAN CONSTITUTE A PUBLIC HEALTH AND SAFETY HAZARD THAT ADVERSELY IMPACTS NEIGHBORHOODS AND COMMERCIAL AREAS. NOTHING IN THIS SECTION IS INTENDED TO INTERFERE WITH OTHERWISE LAWFUL AND ORDINARY USES OF PUBLIC OR PRIVATE PROPERTY. 11-19.2 DEFINITIONS. FOR PURPOSES OF THIS SECTION: A. CAMP OR CAMPING MEANS USING PUBLIC PROPERTY FOR LIVING ACCOMMODATION PURPOSES ON A TEMPORARY OR PERMANENT BASIS, REGARDLESS OF THE INTENT OF THE PARTICIPANTS OR THE NATURE OF ANY OTHER ACTIVITIES IN WHICH THEY MAY ALSO BE ENGAGING, WHEN UNDER THE CIRCUMSTANCES IT REASONABLY APPEARS THAT THE PARTICIPANTS ARE USING THE AREA FOR LIVING ACCOMMODATION PURPOSES. B. CHILDCARE FACILITY HAS THE MEANING PROVIDED IN A.R.S. § 36-881(3). Ordinance No. 5122 Page 2 C. LIVING ACCOMMODATION PURPOSES MEANS TO USE PUBLIC PROPERTY AS A TEMPORARY OR PERMANENT PLACE OF LODGING OR RESIDENCE. LIVING ACCOMMODATION PURPOSES INCLUDES, BUT IS NOT LIMITED TO, ACTIVITIES SUCH AS: 1. USING A TENT, SHELTER, VEHICLE, TRAILER, CAMPER, OR OTHER STRUCTURE FOR SLEEPING; 2. MAKING PREPARATIONS TO SLEEP, INCLUDING LAYING DOWN BEDDING FOR THE PURPOSE OF SLEEPING; 3. STORING PERSONAL BELONGINGS; 4. MAKING ANY FIRE, OTHER THAN A FIRE MADE IN A FIRE PIT OR BARBECUE PIT PROVIDED BY THE CITY FOR SUCH USE; 5. CARRYING ON COOKING ACTIVITIES, OTHER THAN IN A FIRE PIT OR BARBECUE PIT PROVIDED BY THE CITY FOR SUCH USE; 6. DOING ANY DIGGING, EARTH BREAKING, OR OTHER MODIFICATION OF LANDSCAPING. D. PUBLIC PROPERTY MEANS ANY PROPERTY AND APPURTENANCES THEREON WHICH IS OWNED, LEASED, OR CONTROLLED BY THE CITY OF CHANDLER INCLUDING, BUT IS NOT LIMITED TO: PARKS, PLAYGROUNDS, SPLASH PADS, RESTROOMS, STREETS, SIDEWALKS, RIGHTS-OF-WAY, HIGHWAYS, ALLEYS, BIKE PATHS, TRANSIT STOPS OR TRANSIT STATIONS, PRESERVES, OPEN SPACES, MOUNTAIN PARKS, WASHES, LAND WHETHER IMPROVED OR UNIMPROVED, ATTRACTIONS, PUBLIC PLAZAS, MONUMENTS, STRUCTURES, FACILITIES, OR PARKING LOTS. E. SCHOOL MEANS ANY PUBLIC SCHOOL, CHARTER SCHOOL OPERATING UNDER A VALID CONTRACT ISSUED BY THE STATE OR A STATE-SPONSORED ORGANIZATION, OR PRIVATE SCHOOL WHERE CHILDREN ATTEND CLASSES IN KINDERGARTEN PROGRAMS OR GRADES ONE THROUGH 12. F. SHELTER MEANS A FACILITY, THE PRIMARY PURPOSE OF WHICH IS TO PROVIDE FREE OR LOW-COST TEMPORARY OR TRANSITIONAL LIVING ACCOMMODATIONS OR CAMPING TO HOMELESS PERSONS. Ordinance No. 5122 Page 3 11-19.3 OFFENSES A. IT IS UNLAWFUL TO CAMP IN OR ON ANY PUBLIC PROPERTY WITHIN THE CITY OF CHANDLER UNLESS EXPRESSLY DESIGNATED AS A PERMITTED CAMP SITE OR OTHERWISE EXPRESSLY PERMITTED BY THE CITY. B. IT IS UNLAWFUL TO CAMP IN OR ON ANY BUILDING, FACILITY, PARKING LOT OR STRUCTURE, THAT IS OWNED, POSSESSED OR CONTROLLED BY THE CITY OF CHANDLER. C. IT IS UNLAWFUL TO CAMP WITHIN 500 FEET OF ANY PROPERTY BOUNDARY OF A SCHOOL, CHILDCARE FACILITY, SHELTER, OR CITY PARK. 11-19.4 EXCLUSIONS. THIS CHAPTER DOES NOT APPLY TO: A. ACTIVITIES APPROVED BY THE CITY THAT RECEIVE A SPECIAL EVENT LICENSE, SPECIAL USE PERMIT, LEASE, LICENSE, OR OTHER PERMIT OR PERMISSION. B. PHYSICAL EMERGENCIES OR THE ADMINISTRATION OF MEDICAL ASSISTANCE. C. TEMPORARY STRUCTURES OR CAMPS SET UP BY A GOVERNMENT AGENCY OR RELIEF WORKERS DURING A DISASTER OR EMERGENCY SITUATION. 11-19.4.1 PENALTY. A. A VIOLATION OF THIS CHAPTER IS A CLASS 1 MISDEMEANOR AND PUNISHABLE IN ACCORDANCE WITH CHAPTER 1-8. B. NO PERSON SHALL BE ISSUED A CITATION FOR A VIOLATION OF THIS SECTION UNLESS THE PERSON HAS PREVIOUSLY RECEIVED A WARNING FROM THE CITY OF CHANDLER WITHIN THE PREVIOUS 12 CALENDAR MONTHS OR THE PROPERTY ON WHICH A VIOLATION OCCURS HAS BEEN CONSPICUOUSLY POSTED WITH A WARNING OF THE PROVISIONS OF THIS SECTION. C. AN INDIVIDUAL FOR WHOM PROBABLE CAUSE EXISTS TO BE CHARGED WITH A VIOLATION OF THIS CHAPTER, IN LIEU OF BEING ISSUED A CRIMINAL CITATION MAY, AT THE ELECTION OF THE CITING POLICE OFFICER AND WITH THE CONSENT OF THE INDIVIDUAL, BE Ordinance No. 5122 Page 4 TAKEN TO A FACILITY PROVIDING SOCIAL SERVICES RELATED TO MENTAL HEALTH, HOUSING, AND/OR SUBSTANCE ABUSE TREATMENT. D. IN ADDITION TO OR IN LIEU OF ANY SENTENCE IMPOSED FOR A VIOLATION OF THIS SECTION, THE COURT MAY SENTENCE A PERSON TO PERFORM COMMUNITY RESTITUTION OR ORDER A TERM OF EDUCATION OR TREATMENT CONSISTENT WITH A.R.S. § 13-717. Section 2. Providing for Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance, or any parts hereof, are hereby repealed. Section 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 4. Providing an Effective Date. That this amendment to Chandler City Code is effective July 1, 2025. INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this ____ day of __________, 2025. ATTEST: ______________________________ ______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of __________, 2025. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR Ordinance No. 5122 Page 5 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5122 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ day of __________, 2025, and that a quorum was present thereat. __________________________ CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published in the Arizona Republic on: