HomeMy WebLinkAbout4785 City Code Pertaining To Public Camping Or Sleeping On Any Public PropertyOrdinance No. 2024-4785 (Corrected)
An ordinance of the City of Sanford, Florida implementing the
provisions of recently passed House Bill Number 1365 (initially
codified as Chapter 2024-11, Laws of Florida) which enacted
Section 125.0231, Florida Statutes, pertaining to public camping
or sleeping on any public property; providing for legislative
findings and intent; providing for implementing administrative
actions; amending Section 62-72 and Section 62-78 of the City
Code; providing for penalties; providing for a savings
provision; providing for conflicts; providing for severability;
providing for codification and the correction of scrivener's
errors and providing for an effective date.
Whereas, the Florida Legislature recently passed House Bill Number
1365 (initially codified as Chapter 2024-11, Laws of Florida) which enacted Section
125.0231, Florida Statutes; and
Whereas, Section 125.0231, Florida Statutes, which takes effect on
January 1, 2025, will make it unlawful for counties and municipalities to "authorize
or otherwise allow any person to regularly engage in public camping or sleeping
on any public property, including, but not limited to, any public building or its
grounds and any public right-of-way" within the jurisdiction of the county or city;
and
Whereas, the term "public camping or sleeping" is defined in the new
statute to mean (a). lodging or residing overnight in a temporary outdoor habitation
used as a dwelling or living space and evidenced by the erection of a tent or other
temporary shelter, the presence of bedding or pillows, or the storage of personal
belongings; or (b). lodging or residing overnight in an outdoor space without a tent
or other temporary shelter; and
Whereas, in essence, the new law creates a State-wide prohibition on
regular public camping or sleeping on any public property within the State and
mandates enforcement of the prohibition by local governments; and
Whereas, the new statute allows the County to designate property
owned by the County or a city located within Seminole County to be used for public
camping or sleeping for up to a year although a designated city must concur with
the designation by majority vote of the city's city commission or council and, if
property is so designated, it is the County's responsibility to provide the services
required which are: (a). ensuring safety and security of the designated property
and persons residing thereon, (b). maintaining certain sanitation services, (c).
providing access to behavioral health services, and (d). prohibiting and enforcing
the prohibition of illegal substance and alcohol use; and
Whereas, the City's Assistant City Attorney, Lonnie Groot, has been
advised by the County Attorney, Kate Latore, that the County is forming an internal
working group to discuss the new law and steps will be taken to implement the law,
that the County may need to make some changes to our County Code and that, to
date, the County is not currently considering designated public property for
sleeping or camping; and
Whereas, prior to the new law's effective date of January 1, 2025, the
City is required to repeal any ordinance or any other authority authorizing regular
public camping or sleeping on public property and the City is ensuring compliance
with the new statute by means of the enactment of this Ordinance; and
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Whereas, It is possible the law of our Nation could be modified by the
United States Supreme Court in the case of Johnson v. City of Grants Pass, 72 F.
4th 868 (9th Cir. 2023), and that the new State law could be challenged as
unconstitutionally vague because it does not specify with enough detail the public
camping or sleeping activity which is prohibited such as failing to define the word
"regularly", but this Ordinance provides for a potential prompt remedial action as
may be needed in the face of such a judicial decision; and
Whereas, the City has been conferred broad legislative powers to enact
ordinances to perform governmental functions and exercise power to promote the
health, welfare, safety, and quality of life of a local government's residents by both
the Constitution of the State of Florida and the Florida Legislature through home
rule implementing legislation; and
Whereas, the Constitution of the State of Florida grants cities broad
authority to take actions furthering citizens' health, welfare, safety and quality of
life called "home rule," and this authority includes legislative powers to enact local
laws; and
Whereas, the City Commission of the City of Sanford has deemed
approval of this Ordinance to be in the best interest of the residents and citizens
of the City of Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with
all procedural and substantive requirements of controlling law in enacting this
Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
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Section 1. Legislative Findings And Intent.
The City Commission of the City of Sanford hereby adopts and incorporates
into this Ordinance the recitals (whereas clauses) set forth herein as the legislative
and administrative findings and intent of the City Commission which, together with
the agenda materials, memorandum and staff reports, to the extent that they exist,
shall be maintained consistent with the maintenance schedule for ordinances, as
public records of the City.
Section 2. Amendment to Section 62-72' of the City Code
Implementation of Section 125.0231, Florida Statutes. The provisions of
Section 62-72 of the Code of Ordinances of the City of Sanford (City Code) are
amended to read follows:
Sec. 62-72. Camping and sleeping; picnicking.
(a) Definitions. For the purpose of this section, unless the context indicates
otherwise, the following words and terms shall have the meanings ascribed to
them in this section:
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, sleeping or otherwise being in a temporary shelter out-of-doors,
sleeping out-of-doors; or cooking over an open flame or fire out-of-doors.
Evidence of camping includes, but is not limited to, a person occupying public
property, a person 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, a person has built a campfire, a person is asleep and when awakened
Only Subsections (b) (1) and (b) (2) are amended by this Ordinance.
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he or she volunteers that he or she has no home or other permanent shelter, or
when an area is being used to dispose of solid waste and human waste.
Camping equipment means and includes, but is not limited to, tarpaulins, cots,
beds, sleeping bags, boxes, cartons, hammocks, make -shift shelters, cardboard,
portable stoves or other cooking paraphernalia, but not barbecue grills provided
by the city at a city park or facility or at another public facility and camping
equipment may include any type of recreational vehicle -type unit or motor vehicle
as referenced in F.S. § 320.01.
Public property means property either owned, managed, deeded or dedicated to
or leased by a governmental agency or unit and includes, but is not limited to,
land, buildings, parks, right-of-way and facilities of any type or nature.
Right-of-way means sidewalks, roadbeds, culverts, drains, sluices, ditches,
water storage areas, waterways, embankments, slopes, retaining walls, bridges,
tunnels and viaducts.
Safe zone means a facility designated by the city where homeless persons can
engage in life-sustaining activities free from the threat of arrest which may
include, but not be limited to, a homeless shelter or similar facility.
Additionally, to assist in the interpretation and application of this section, the
definitions otherwise set forth in the city Code may be used as well as those set
forth within any pertinent statutory law of the state.
(b) Prohibitions.
(1) It is prohibited and unlawful to regularly engage in sleeping. camping or
lodging sleep ledge or to park a vehicle overnight in a City park or facility,
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or on any other public property located within the City, without a permit issued by
the Citv Manager. or designee. for a uniaue or desianated event which has been
found to serve a public purpose such as. by wav of example only. motion picture
productions. economic development activities: a tourism development event or a
Citv sponsored event ^� ,,rc^ ^h+^'.^?^� ^ Mvrw *, �^ n'^^r, ^r,,M, .--V- ^� rMrL
........... ...... ':�... ... ...... ..... .......y........ .... sii-h........ r.:...'r.-..--ses ... ::yr M�� ......
(2) It is prohibited and unlawful for any person at a City park or facility to picnic
or lunch in a place other than those designated for that purpose by the City and,
absent a permit being issued by the City Manager. or designee. for a unique or
designated event which has been found to serve a public purpose such as. by wav
of example only, motion picture productions. economic development activities: a
tourism development event or a Citv sponsored event. Aside from permitted
activities, the use of all tables, benches and improvements, as well as green areas
shall be governed by the rule of "first-come, first-served;" provided, however that
it is prohibited and unlawful for any person at a City park or facility to use any
portion of areas available for picnics for the purpose of holding picnics to the
exclusion of other persons, or to use such areas for an unreasonable time ifhe
areas are --m-m--ded, ex--ept in these Gases ... he_-_ rp_"_� re_-se_-.-_.ie_Rs ha --.,e be
Fnade with the City. It is prohibited and unlawful for any person at a City park or
facilitv to use a table, bench or other improvement to reqularlv enqaae in sleeping.
camping or lodging under the guise of having a picnic or lunch.
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(3) It is prohibited and unlawful for any person to camp on public property
except as may be specifically authorized by the appropriate governmental
authority by law, code, ordinance, rule, regulation or permit. This prohibition
applies at all times of day and night.
(4) The mere act of a person sleeping in a public place on public property is
not alone sufficient to constitute a violation of this section and at least one
indicium of camping must exist together with the act of sleeping.
(c) Enforcement procedure.
(1) Before making an arrest under this section, a law enforcement officer shall
inquire of a person accused of violating this section whether that person is
homeless.
(2) Before a person claiming to be homeless may be arrested under this
section, a law enforcement officer must advise the person of the availability of a
safe zone and afford the person the option of relocation to a safe zone in lieu of
arrest. That is, to arrest, if such person is homeless he or she must be given an
opportunity to enter safe zone. If no such safe zone is available, an arrest may
not be made. If such safe zone is available and the person refuses to enter the
safe zone, an arrest may be made.
(3) In the event a person is arrested under this section, the arresting law
enforcement officer shall use reasonable efforts to identify and preserve the
personal property of the person.
(d) Trespass warnings.
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(1) The city manager, or designees, are authorized to issue a trespass
warning to any individual who violates any city Code, ordinance, rule or
regulation, or a provision of state law, which violation was committed while on or
within city property or a city facility. The trespass warning shall be limited to the
specific property where the violation occurred.
(2) Trespass warnings shall be issued as follows:
a. For the first violation, the individual may be issued a trespass warning for
a period not to exceed one year.
b. For a second or subsequent violation, the individual may be issued a
trespass warning for a period not to exceed two years.
(3) A copy of the trespass warning shall be provided by mail or hand delivery
to the individual being given the warning. The written trespass warning shall
advise of the right to appeal and the location at which to file the appeal.
(4) Any person found on or within city property or a city facility in violation of
a trespass warning may be arrested for trespassing, except as otherwise
consistent with the provisions of this section and controlling state law.
(5) The city manager may authorize an individual who has received a trespass
warning to enter the property or premises to exercise his or her First Amendment
rights if there is no other reasonable alternative location to exercise such rights
or to conduct necessary municipal business. Such authorization must be in
writing, specify the duration of the authorization and any conditions thereof, and
shall not be unreasonably denied.
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(6) This section shall not be construed to limit the authority of law enforcement
officers of the city's police department to cite or arrest individuals for violating any
city Code or ordinance or for any violation of Florida law.
(7) A person to whom a trespass warning is issued under this section shall
have the right to appeal as follows:
a. An appeal of the trespass warning must be filed, in writing, within ten days
of the issuance of the warning with the city clerk and shall include the appellant's
name, address, and phone number, if any. No fee shall be charged for filing the
appeal.
b. Appeals shall be heard by the city's code enforcement special magistrate.
C. Within five days following the filing of the appeal, the special magistrate
shall schedule a hearing. Notice of the hearing shall be provided to the appellant
in the following ways:
1. By posting the notice at the city hall.
2. By regular United States mail if an address has been provided; provided,
however, that, in the event of non-delivery, then the notice posted at the city hall
shall be sufficient.
d. The special magistrate shall hold the hearing as soon as possible. In no
event shall the hearing be held sooner than seven days following the filing of the
appeal and no later than 30 days from the filing of the appeal.
e. Copies of documents in the city's control which are intended to be used at
the hearing, and which directly relate to the issuance of the trespass warning to
the appellant, shall be made available upon request to the appellant at no cost.
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f. The appellant and the city shall have the right to attend with an attorney,
the right to testify, to call witnesses, to cross-examine witnesses and to present
evidence. The appellant shall have the right to bring a court reporter at his or her
own expense.
g. The special magistrate shall consider the testimony, reports or other
documentary evidence and any other evidence presented at the hearing. Formal
rules of evidence shall not apply, but fundamental principles of administrative due
process shall govern the proceedings.
h. The city shall bear the burden of proof by clear and convincing evidence
that the trespass warning was properly issued pursuant to the provisions of this
section.
If the appellant fails to attend a scheduled hearing, the special magistrate
shall review the evidence presented and determine if the trespass warning was
properly issued pursuant to the provisions of this section.
Within five days of the hearing, the special magistrate shall issue a written
decision on the appeal which shall be mailed to the appellant at the address
provided. If no address is provided, a copy of the decision shall be posted at the
city hall.
k. The decision of the special magistrate shall be final action of the city and
the appellant shall be deemed to have exhausted all administrative remedies.
Such decision may be subject to judicial review in the manner provided by law by
the appellant. The city may not appeal any decision of the special magistrate.
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I. The trespass warning shall remain in effect during the appeal and review
process, including any judicial review.
(e) Penalty. A violation of this section shall be punishable in accordance
with section 1-7 of this Code; provided, however, that the city may exercise any
and all rights and remedies available to the city under controlling law to enforce
the provisions of this section and the city attorney, in conjunction with the city
manager, or designee, may file any action deemed necessary to enforce the
provisions of this section.
Section 3. Amendment to Section 62-78 of the City Code
Implementation of Section 125.0231, Florida Statutes. The following provision
of Section 62-78 of the Code of Ordinances of the City of Sanford (City Code) is
amended to read follows:
Sec. 62-78. Promulgation of rules.
(a) The City Manager is hereby authorized to adopt administrative rules
supplemental to the provisions of this Article that he or she deems necessary and
appropriate to implement the provisions of this Article relative to the use of City
parks or City facilities or any other City property and the violation of such rules
shall constitute a violation of this Article.
(b) In addition to matters otherwise provided for in this Article, which include.
but are not limited to, the implementation of Section 125.0231, Florida Statutes,
the rules of the City may pertain to the appropriate and harmonious use of
recreational facilities consistent with the multiple uses that will be authorized on
such facilities, the location of particular recreational activities and other activities
at City parks or City facilities, whether parks are to be used for active or passive
recreational activities, access management with regard to traffic control and
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management within City parks and City facilities, the operation of motor vehicles
and other forms of transportation within City parks and City facilities, pollution and
litter within City parks and City facilities, the harming or removal of animals or
natural resources within or from City parks and City facilities, the use of dangerous
instrumentalities within City parks and City facilities, the use of alcoholic beverages
within City parks and City facilities, hunting and fishing within City parks and City
facilities, domestic animals within City parks and City facilities, use of City park and
City facility property and the conditions relating thereto, trespass upon and
disturbance within City parks and City facilities, disorderly conduct and loitering
within City parks and City facilities, fires and illumination within City parks and City
facilities, and such other related matters which address the protection of public
property located in and good order in City parks and City facilities. It is prohibited
and unlawful to violate any provision of this article or any rule of the City Manager
implementing the provisions of this article.
(c) The provisions of this article and the rules adopted by the City, or a sign or
notice providing for the location of such documents, shall be posted at a
conspicuous place in each City park and City facility.
(d) A general condition of each permit to use a City park and City facility is that
the permittee shall abide by and adhere to the provisions of this article and the
rules promulgated by the City.
(e) The City Manager shall regularly review, or cause to be reviewed, by his or
her designee the use of and conditions within each City park and City facility in
order to minimize public liability relating to City parks and City facilities.
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(f) The City Manager shall regularly review, or cause to be reviewed by his or
her designee, the use and condition of each City park and City facility to ensure
compliance with the Americans With Disabilities Act and other laws, rules and
regulations where applicable.
Section 4. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized and directed to
implement the provisions of this Ordinance and to take any and all necessary
administrative actions to bring into effect the provisions of this Ordinance.
Section 5. Penalties.
A violation of this Ordinance by failing to adhere to a lawful order entered
hereunder shall be punishable in accordance with Section 1-7 of the City Code;
provided, however, that the City may exercise any and all rights and remedies
available to the City under controlling law to enforce the provisions of this
Ordinance and the City Attorney, in conjunction with the City Manager, or
designee, may file any action deemed necessary to enforce the provisions of this
Ordinance.
Section 6. Savings.
The prior actions of the City of Sanford relating to the enactment of
ordinances, and any and all related matters, procedures, are hereby ratified and
affirmed.
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Section 7. Severability.
If any section or portion of a section of this Ordinance proves to be invalid,
unlawful or unconstitutional, it shall not be held to impair the validity, force or effect
of any other section or part of this Ordinance.
Section 8. Conflicts.
All ordinances or parts of ordinances in conflict with this Ordinance are
hereby repealed.
Section 9. Codification; Scrivener's Errors.
(a). The provisions of Section 2 and Section 3 of this Ordinance shall be
codified as determined to be appropriate by the Code codifier of the City and all
other sections shall not be codified.
(b). The sections of this Ordinance may be renumbered or re -lettered and
the words of this Ordinance may be changed to section, article or some other
appropriate word or phrase to accomplish codification in the absolute discretion of
the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not
affect the intent of this Ordinance, as determined by the City Clerk and City
Attorney, may be corrected with the authorization of the City Manager, or designee,
without the need for a public hearing.
Section 10. Effective Date; Contingent Repeal.
(a). This Ordinance shall become effective and be enacted immediately
upon its passage and adoption.
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(b). Notwithstanding the foregoing, penalty provisions relating to unlawful
shall be automatically repealed if the United States Supreme Court renders its
decision in the case of Johnson v. City of Grants Pass, 72 F. 4th 868 (9th Cir.
2023), and the City Attorney determines that such action is appropriate based upon
the holding in that case. If so, the City Attorney shall prepare an affidavit for
execution by the City Manager and attestation by the City Clerk which executed
affidavit shall be promptly placed in the public records of the City and provided to
the City Commission and the Police Chief.
Passed and adopted this 10th day of June, 2024.
Attest: City Commission o`fie
Sanford, Florida, /
Traci Houchin, MMC, FCRM
City Clerk Mayor
For use and reliance of the City Commission;
approved as to form and legality.
0��-
4 Oillriam L. Colbert
OU
City Attorney /OwW16' N' 4n
A CA
151
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