2016-O-28ORDINANCE NO. 2016-0-28
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA, MODIFYING CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS) BY CREATING
ARTICLE VI (PUBLIC PROPERTY CAMPING) OF THE
CODE OF ORDINANCES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Chapter 12 (Offenses and Miscellaneous Provisions) has been amended from time
to time for consistency with current state laws and codes.
2. The creation of Article VI (Public Property Camping) is needed to identify
locations that public camping is permitted and the appropriate permitting and registration for
such permitted camping.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A. MODIFY CHAPTER 12 (OFFENSES AND
MISCELLANEOUS PROVISIONS) BY CREATING
ARTICLE VI (PUBLIC PROPERTY CAMPING) OF THE
CODE OF ORDINANCES FOR THE CITY OF
EDGEWATER, FLORIDA.
Chapter 12 (Offenses and Miscellaneous Provisions), Article VI (Public Property
Camping) Code of Ordinances, City of Edgewater, Florida is hereby amended as
set forth in Exhibit "A", which is attached hereto and incorporated herein.
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to
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be inapplicable to any person, property, or circumstances by a court of competent jurisdiction,
such holding shall not affect its applicability to any other person, property, or circumstance.
PART D. CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City
of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
other appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention.
PART E. EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by_Councilwoman
Bennington, the vote on the first reading of this ordinance held on March 7, 2016, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by C V&1 41 C 1 %rA C.-.. -6Lc 21 with
Second by C,,, „r.> %j e)m =f n �the vote on the
second reading/public hearing of this ordinance held on April 4, 2016, was as follows:
AYE
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4th day of April, 2016.
ATTEST:
Mitch. Honaker
Deputy City Clerk
For the use and .reliance only by the City of
Edgewater, Florida. Approved as to form and
legality -by Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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NAY
CITY COUNCIL OF THE
CITY OF EDGEWATER, LORIDA
By:
Mike Ignasial
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 4th day of
April, 2016 under Agenda Item No. 8 c.
EXHIBIT "A"
Chapter 12
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE VI
I au n q CIA w mo)' 04 ol
Sec 12-101. Public nrm rtv camping.
Camping defined For the purpose of this section camping is defined as:
(1) Sleeping or otherwise being in a temporary shelter out-of-doors; or
(2) Sleeping out-of-doors; e
(b)Camping limited It shall be unlawful for any person to camp on public property without
first obtaining a permit.
Evidence of camping Prior to arresting or citing a person for a violation of subsection (b)
herein an officer must determine, at a minimum, that
(1)The person is occupying_ public property, to wit property either deeded or dedicated to
or leased by a governmental agency or unit, and
(2)The violator is inside a tent or sleeping bag or is covered by materials such as blankets,
newspapers cardboard or is inside some form of temporary shelter, or
(3)The violator has built a campfire, or
(4)The violator is asleep and when awakened he/she volunteers that he/she has no home or
other permanent shelter.
(d)Arrest/Citation procedure Prior to arrest or issuing a citation if such person is homeless
he/she must be given an opportunity to enter a homeless shelter or agree to be relocated to a
similar facility, if available If no such facility is available an arrest may not be made or a
citation issued under subsection (b)If such facility is available and the violator refuses to
enter or be relocated to the facility, an arrest may be made or a citation issued under
subsection (b).
a Form. Applicants for registration shall complete and return to the city clerk, `ll`"'
five working clays -in advance of the date upon which the applicant wishes to camp on
publicly owned or publicly leased property designated for within the city, an application
form furnished by the city which shall require the following information:
(1) Name, date of birth, permanent or temporary address and telephone number. The
information shall be supported by a driver's license or some other photo proof of identity
providing equivalent information;
(2) A physical description of the applicant and any other distinguishing physical
characteristics.
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(3) The length of time camping will be conducted.
(4) The location of the public property designated for camping where camping will be
conducted.
(5) A statement that the applicant acknowledges that no person shall camp or sleep on
public properties designed for camping unless such property has a structure designed in
accordance with the Florida Building Code and the Florida Life Safety Code to safely permit
camping/sleeping and have enough accompanying sanitary facilities to accommodate the
population of such facility or such property has designed transient camp sites that are in
compliance with the Florida Fire Prevention Code and is designed to accommodate
recreational vehicles or allow for occupants to camp/sleep within commercially
manufactured tents that are designed and tested to safely shelter occupants for the purpose of
sleeping_ The property shall also have sanitary facilities that can accommodate the occupant
load of the number of permitted transient guests and staff. The building official and fire
marshal shall verify such compliance.
(6) A statement that the city shall provide scheduled and unscheduled inspections.
(7) A statement that the city may add additional requirements to the permit.
(8) A statement that the permit can be revoked by the building official, fire marshal, code
enforcement officer or a law enforcement officer for a violation of Florida law, city
ordinance or failure to comply with any additional requirements as part of the permit.
(b) Aaalttonal information. Eacn camper applicant snall present to the city cierK for
examination:
(1) A anyer" s license or some otner photo proot of 1Qentlty proyiamp, equivalent
information;
no artzea statement from the property owner autnorizing the applicant to camp on the
property.
Sec, 12-103, Fee.
At the time the application is submitted a fee shall be paid to the city clerk. The fee shall
be established by resolution from the city council and subject to change accordingly. This
fee is not refundable if the applicant is refused for any reason noted in section 12-104 or if
the applicant withdraws the application at any time after the close of the business day on the
day during which it was submitted.
Any person claiming to be legally exempt from the regulation set forth in Article VI,
and/or frompayment of the fee shall cite to the city clerk in writing the statute or other
legal authority under which exemption is claimed. No permit fee will be required for any
event sponsored or co-sponsored by the city.
;cc. 12-104, Review: issuance or denial
a) The city clerk shall refuse to register the applicant if it is determined, pursuant to the
chief of police's review that:
(1)The application is incomplete or contains false data;
(2) The applicant failed to comply with any applicable provision of section 12-101.
(b) Absent a cause to refuse registration in accordance with subsection (a), the city clerk
shallrag nt a permit Such certificate shall authorize the holder to camp on the approved public
property designated for camping for 3 days Upon the receipt of a renewal application the city
clerk may renew a permit 1 time in a calendar year. The city clerk shall maintain an accurate
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record of every application received and acted upon together with all other information and data
pertaining to the application and all permits issued and applications refused.
(c) A permit is not transferable.
Sec. 12-105, Anneal.
Any person aggrieved by the action or decision of the city clerk to deny or revoke a
permit may appeal such decision to the city manager big a written request with the city
manager within 30 days after the rendition of the decision by the city clerk.
Sec. 12-106, Enforcement.
The provisions of this chapter shall be enforced by the city clerk code enforcement
division police department and fire department.
See. 12-107, Penalty.
Any person violating the provisions of this article shall upon conviction, be subject to the
penalties in section 1-8 of this Code Each separate day of violation constitutes a separate
offense.
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