§ 21-28. Camping in public.

(a)

Except in designated areas, it shall be unlawful for any person to camp in any public place.

(b)

In this section, the term public place means an outdoor area to which the public has access and includes, but is not limited to, streets, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

(c)

In this section, the term "camp" means to use a public place for living accommodation purposes such as, but not limited to any of the following:

(1)

Storing personal belongings;

(2)

Making a camp fire;

(3)

Using any tents shelter or other structure, furniture, refuse or vehicle for living accommodation;

(4)

Carrying on cooking activities; or

(5)

Doing any digging or earth breaking.

(d)

The activities listed in subsection (c) shall constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

(e)

It shall be an affirmative defense to prosecution that a person is the person who owns the property or has secured the permission of the property owner to camp in a public area.

(f)

This section does not apply to camping or cooking in a city park in compliance with park regulations.

Any person who engages in any activity specified in subsections 28(a)-(d) above, may be subject to prosecution for a class C misdemeanor and a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 100379, §§ 1, 2, 2-3-05)