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Item C BOARD OF COUNTY COMMISSIONERS Agenda Item Summary ADD ON for SPECIAL MEETING Meeting Date 7/6/04 Division County Attorney AGENDA ITEM WORDING Public hearing for the approval of an emergency ordinance prohibiting camping on County property. ITEM BACKGROUND This ordinance has been drafted to address the problem posed by unauthorized camping in County parks, specifically Higgs Beach County Park. The proposed ordinance, is consistent with Joel v. City of Orlando, 232 F.3d 1353 (11th Circuit 2000), the 11th Circuit decision that modified and limited Pottinger v. City of Miami, 810 F.Supp. 1551 (S.D.Fla. 1992). The ordinance, as drafted, would apply to all property owned by the County and the Land Authority except rights-of-way in unincorporated Monroe County, where overnight camping is already prohibited. PREVIOUS RELEVANT BOCC ACTION The Board has authorized the creation of a safe zone to address homeless encampments on County property located within the City of Key West. This ordinance would prohibit those encampments. CONTRACT I AGREEMENT CHANGES NI A STAFF RECOMMENDATIONS Approval TOTAL COST COST TO COUNTY BUDGETED Yes No SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing! Risk Management! DIVISION DIRECTOR APPROVAL: SO..l't B. .b.~~UZJ'.I!', 101' JOHN R. COLLINS DOCUMENTATION: Included xxx AGENDA ITEM # r~. ORDINANCE NO. -2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS AND WAIVING NOTICE BY A FOUR-FIFTHS VOTE; CREATING SECTION 19- 102.5 OF THE MONROE COUNTY CODE TO PROHIBIT PERSONS FROM CAMPING ON COUNTY OWNED PROPERTY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board finds that there are no facilities to accommodate camping in an orderly fashion on County owned property; and WHEREAS, the Board finds that the practice of camping on County owned property without appropriate facilities creates a sanitary nuisance as well as a threat to the safety and welfare of persons desiring to enjoy the use of County owned facilities; and WHEREAS, the Board finds that a ban on camping on County owned property would promote the health, safety and welfare of the citizens of Monroe County and visitors; and WHEREAS, the Board finds that the current use of certain County owned facilities as make-shift camp sites constitutes an emergency and danger to the health, safety, and welfare of the residents of and visitors to Monroe County; and WHEREAS, the Board finds that the County, in cooperation with others, is in the process of establishing a "safe zone" where homeless persons will be permitted to engage in life sustaining activities without fear of arrest; and WHEREAS, the U.S. Circuit Court of Appeals for the 11 ~ Circuit, in Joel v. Orlando, 232 F .3d 1343 (11 ~ Cif. 2000), has upheld the practice of prohibiting camping on public property provided that adequate provisions are made to provide a safe zone for homeless individuals to engage in life sustaining activities without fear of arrest; and WHEREAS, the Board finds that it is undesirable for any person _ homeless or otherwise - to camp on County owned property within the boundaries of Monroe County, and WHEREAS, section 19-102 of the Monroe County Code aiready prohibits camping on certain County maintained rights-of-way during the hours of 11 p.m until 6 a.m.; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted, and transmitted to the Department of State for approval on an emergency basis. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. An emergency is hereby declared and notice waived by a four-fifths vote. Section 2. That section 19-102.5 is hereby created to read as follows: Sec. 19-102.5 No Camping on County Property (a) Definitions. For the purposes of this section, (1) Camp or camping means to pitch or occupy a tent or other temporary shelter for sleeping or other habitation purposes. Camping may include the use of camping equipment. (2) Camping equipment includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, boxes or cartons, and portable stoves or other cooking paraphernalia but not barbecue grills provided by the County. (3) County owned property means any property owned and/or managed by the Board of County Commissioners of Monroe County, Florida, as well as property owned and/or managed in its capacity as the Monroe County Comprehensive Plan Land Authority regardless of whether said property is located in the unincorporated portion of Monroe County or within the territorial limits of any municipality within Monroe County. (4) Safe Zone means a facility designated by the Board and/or by the governing body of any municipality within Monroe County where homeless persons can engage in life sustaining activities free from the threat of arrest. (b) Prohibition. No person shall camp on County owned property. The mere act of a person sleeping in a public place is not alone sufficient to constitute a violation of this section, unless at least one indicium of camping exists. (1) Before making an arrest under this section, a law enforcement officer must first inquire of a person accused of violating the ordinance whether that person is homeless. (2) Before a person claiming to be homeless may be arrested under this section, a law enforcement officer must first advise said person of the availability of a safe zone and afford the person the option of relocation to a safe zone in lieu of arrest. (c) Personal property. In the event a person is arrested under this section, the arresting officer shall use reasonable efforts to identify and preserve the personal property of the person. (d) Penalty. A violation of this section shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. (e) Exceptions. This section does not apply to: (1) conduct prohibited by Section 19-102; (2) any facility, site, or location designated by resolution or ordinance of the Board; and (3) the use of a beach umbrella or similar equipment used to Provide temporary shade on a beach during daytime hours of operation for that facility. Section 3. If any section, SUbsection. sentence, clause. item. change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repeared to the extent of said conflict. SectIon 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the county of Monroe, Frorida, as an addition or amendment thereto, and shalf be appropriatery renumbered to conform to the unifonn numbering system of the Code. Section 6. This ordinance shall take effect when a certified copy of this ordinance has been accepted by the postal authorities of the United States for Special delivery by registered maif to the Secretary of State of the State of Frorida in accordance with the provisions of Frorida statute 125.66(3)_ PASSED AND ADOPTED by a four fifths vote of the Board of County Commissioners of Monroe County, Florida at a regular meeting held on this day of July, A.D., 2004. Mayor Murray Nelson Mayor Pro Tern David Rice Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Dixie Spehar (SEAL) Attest: DANNY l.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson JOrdnocamping