Encampments on public property prohibited

(a)

Definitions. Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.

Code inspector means the authorized agent or employee of the city so designated in chapter 2, article X of the City Code whose duty it is to ensure Code compliance.

Encampment means any one or more of the following:

(1)

The unauthorized use of fabric, metal, cardboard, or other materials as a tent or other temporary structure for living accommodation purposes or human habitation;

(2)

The unauthorized use of a bed mattress or bedroll in a public place;

(3)

The unauthorized use of a heating device in an area; or

(4)

The unauthorized accumulation of personal property (other than durable medical equipment) that would not fit in a container three feet high, three feet wide, and three feet deep.

Department means the department of human services.

Durable medical equipment means equipment customarily used for medical purposes, able to withstand repeated use, and generally not useful to a person in the absence of illness or injury. Non-exclusive examples of such equipment include wheelchairs, canes, crutches, and portable oxygen tanks.

Heating device means a camp stove, grill, heater, or other container or device capable of generating or containing an open flame.

Police officer means a law enforcement officer as defined in F.S. § 943.10(1), as amended.

Public place means an outdoor area owned, managed or controlled by the city to which the public has access, including but not limited to public rights-of-way, parks, streets, sidewalks, hiking and biking trails, transit facilities, underpasses, and parking lots.

(b)

Prohibitions.

(1)

Encampment in a public place in the city is unlawful.

(2)

Any person who violates this section shall be punished as provided in section 1-13 of the Code or as a civil violation as set forth in chapter 2, article X of the Code.

(c)

Procedure for enforcement.

(1)

A police officer or code inspector may issue a citation for a violation of this article if prior to issuing the citation:

a.

The police officer or code inspector has tendered a written warning to the person maintaining an encampment stating that a failure to comply with the city's prohibition against encampments may result in the issuance of a citation to the person or in the person's arrest; and

b.

The police officer or code inspector has provided a reasonable time for the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied.

c.

The written warning required by subsection (c)(1)a. may be accompanied by written information regarding the availability of medical treatment (including mental health treatment) or social services (including temporary shelter or drug or alcohol rehabilitation).

(2)

A police officer may arrest a person for a violation of this article if prior to the arrest:

a.

The police officer has tendered the written warning required by subsection (c)(1)a. of [this section] and has provided a reasonable time for the person to pick up his or her belongings and comply with the prohibition, yet the person has not complied;

b.

The police officer has verified that there is an available shelter bed for the person and the person has refused the offer of shelter; and

c.

In the event of an arrest pursuant to this section, the police officer and the department will follow the established city policies for the handling and storage of the person's property.

(Ord. No. 14032, § 2, 10-28-21; Ord. No. 14296, § 2, 7-11-24)