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4738 Amendment to City Code relating to the regulation of camping and the provisions of section 62-72Ordinance No. 2023-4738 An ordinance of the City of Sanford, Florida relating to the regulation of camping and amending the provisions of Section 62-72 of the Code of Ordinances of the City of Sanford (City Code) with Section 62-72 repealed in full and revised text being the contents of Section 62-72 in such manner as the Code codifier determines to be appropriate; providing for legislative findings and intent; providing for an array of definitions, rules, regulations, requirements, procedures and processes relating to camping; providing for arrest procedures; providing to trespass warnings; providing for enforcement; providing for penalties; providing for implementing administrative actions; 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, it is important to ensure that the regulation of public property, as it relates to persons experiencing homelessness, in light of recent court decisions and legislative actions, is accomplished in a manner that comports with controlling law which is both nuanced and complicated; and Whereas, the City of Sanford recognizes the social nature of the problem of individuals camping on public property; and Whereas, the amendments to the City Code set forth in this Ordinance create clearer policies that impact and guide more effective management of public property and control over inappropriate camping activities which are harmful to the public health, safety and welfare; and Whereas, the purpose of this Ordinance is, generally, to regulate the acts of sitting, lying, sleeping or keeping warm and dry in outdoor public spaces in an objectively reasonable manner as to the time, place and manner of such activities with regard to persons experiencing homelessness while reasonably protecting the public health, safety and welfare; and a ,^ , c- 1 _, Whereas, the City Commission of the City of Sanford has the power and authority to create and establish the policies and programs set forth herein under the controlling provisions of State law such as, by way of example only, the provisions of Article VIII, Section 2 of the Constitution of the State of Florida and the provisions of Chapter 166, Florida Statutes, and the controlling case law of the State of Florida; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance; and Whereas, legislative coding is used in this Ordinance and the following coding may be used: underlined words shall constitute additions to the current text of the City Code, and stFoke thrug-14s shall constitute deletions to current text of the City Code. Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. Legislative findings and intent. The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to this Ordinance. Section 2. Amendment To Section 62-72, City Code. Section 62-72 of the Code of Ordinances of the City of Sanford (City Code), is substantially revised and amended to read as follows with Section 62-72 repealed in full and the following text being the contents of Section 62-72 in such manner as the Code codifier determines to be appropriate: ate. 62 72� Camping and use of public property ; Definitions. (a). For the purpose of this Ordinance, unless the context indicates otherwise, the followina words and terms shall have the meaninas ascribed to them in this Section: 2 1 P a (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, 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 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. (2). 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 Section 320.01. Florida Statutes. (3). 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. 3 1 P (4). Right-of-way means sidewalks, roadbeds, culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts. (5). Safe zone means a facility designated by the Cites 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. (b). Additionally, to assist in the interpretation and application of this Ordinance, 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. Prohibitions. (a). It is prohibited and unlawful to sleep, camp, lodge or park a vehicle overnight in a City park or facility without a permit or, upon obtaining a permit, to sleep, camp, lodge or park a vehicle overnight in areas not designated for such purposes in signage and postings displayed at the City park or facility. (b). It is prohibited and unlawful for any person at a City park or facility to picnic er1ns# in a place other than those designated for that purpose by the City and, absent a permit being issued, 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 if the areas are crowded, except in those cases where prior reservations have been made with the City. 41 Page (c). 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. (d). The mere act of a person sleeping in a public place on public property is not alone sufficient to constitute a violation of this Ordinance and at least one indicium of camping must exist together with the act of sleeping_ Enforcement Procedure. (a). Before making an arrest under this Ordinance, a law enforcement officer shall inquire of a person accused of violating this Ordinance whether that person is ilII-rm (b). Before a person claiming to be homeless may be arrested under this Ordinance, 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. (c). In the event a person is arrested under this Ordinance, the arresting law enforcement officer shall use reasonable efforts to identify and preserve the personal property of the person. Trespass Warnings. (a). 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. (b). Trespass warnings shall be issued as follows: (1). For the first violation, the individual may be issued a trespass warning for a period not to exceed 1 year. For a second or subseauent violation. the individual may be issued a trespass warning for a period not to exceed 2 years. (c). 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 ri by t to appeal and the location at which to file the appeal. (d). 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 Ordinance and controlling State law. (e). 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, shall specify the duration of the authorization and any conditions thereof, and shall not be unreasonably denied. (f). This Ordinance 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 an i�City code or ordinance or for any violation of Florida law. (g). A person to whom a trespass warning is issued under this Ordinance shall have the right to appeal as follows: (1). An appeal of the trespass warning must be filed, in writing, within 10 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. (2). Appeals shall be heard by the City's code enforcement special magistrate. (3). Within 5 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: (i). By posting the notice at the City Hall. (ii). 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. (4). The special magistrate shall hold the hearing as soon as possible. In no event shall the hearing be held sooner than 7 days following the filing of the appeal and no later than 30 days from the filing of the appeal. (5). 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. 7 a6,_ (6). 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. (7). 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. (8). 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 Ordinance. (9). 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 Ordinance. 0 0). Within 5 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 Cites 11). The decision of the saecial maaistrate 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. (12). The trespass warning shall remain in effect during the appeal and review process, including any judicial review. Penalty. A violation of this Ordinance 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 3. Implementing Administrative Actions. (a). Without limiting in any way the other provisions of this Ordinance, the City Manager, or designee(s), 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. (b). Without limiting in any way the provisions of the foregoing subsection, the City Manager, or designee, shall adopt rules relating to the use of City -owned real property and rights-of-way within the City Limits of the City of Sanford.. Section 4. Savings. The prior actions of the City of Sanford relating to the regulation of camping and City and publicly owned properties located within the City and any and all similar or related matters are hereby ratified and affirmed. Section 5. Severability. 91Pa 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 6. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Section 7. Codification; Scrivener's Errors. (a). The provisions of Section 2 of this Ordinance shall be codified as determined to be appropriate by the Code codifier 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 8. Effective Date. This ordinance shall become effective immediately upon its passage and adoption. Passed and adopted this 10th day of July, 2023. 101Pa e Attest: City Commission of the City of Sanford, Floxifip-, Traci Houchin, MMC, FCRM City Clerk-a<y-IVlaj For use and reliance of the SaMord City Commission only. Approved as to form and legality.' William L. Colbert, City Attorney 111 Page �Src FORA k e O � FLORIDA t. LML a uu�.� _J WS— RM X Item No. / a CITY COMMISSION MEMORANDUM 23-120 .JULY 10, 2023 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Captain Peter Justiniano, Sanford Police Department. SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Regulation of Camping; Ordinance No. 4738 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture Update Regulatory Framework Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Adoption of Ordinance No. 4738, amending the City Code relative to camping and related activities is requested. FISCAL/STAFFING STATEMENT: There are no substantial fiscal or staffing issues impacted by the approval of the proposed Ordinance. BACKGROUND: The proposed ordinance establishes updated definitions and procedures as it relates to camping and related activities in City parks, City facilities and other public places. Also, the ordinance provides for procedures for the City that are needed in these increasingly turbulent times when persons act in a dangerous or outrageous manner at such locations and, indeed, at public meetings. It is, of course, important to ensure that the regulation of public property, as it relates to persons experiencing homelessness, in light of recent court decisions and legislative actions, is accomplished in a manner that comports with controlling law, which is both nuanced and complicated. The City recognizes the social nature of the problem of individuals camping on public property. The amendments to the City Code set forth in Ordinance No. 4738 create clearer policies that impact and guide more effective management of public property and control over inappropriate camping activities which are harmful to the public health, safety and welfare. Thus, a purpose of this ordinance is, generally, to regulate the acts of sitting, lying, sleeping or keeping warm and dry in outdoor public spaces in an objectively reasonable manner as to the time, place and manner of such activities with regard to persons experiencing homelessness while reasonably protecting the public health, safety and welfare. Further, the provisions of Ordinance No. 4738 provide for processes and procedures to implement trespass warnings relating to City property. The trend of local government jurisdictions is to implement a trespass warning process in order to ensure that public business and activities are not interrupted or impeded on public property. The procedures set forth in Ordinance No. 4738 provide for a reasonable and well-balanced approach to such actions with administrative due process being afforded in accordance with the controlling provisions of law. The enactment of Ordinance No. 4738 will assist City staff in maintaining an inviting environment for City residents and visitors to the City and ensure that the City has an adequate and fair remedy to address those persons who might act in a manner to obstruct City business at meetings or in similar situations. LEGAL REVIEW: A legal review has been completed by the City Attorney, who assisted in the development of the proposed Ordinance No. 4738 and this agenda memorandum. The City Commission continued the first reading of Ordinance No. 4738 on June 12, 2023 to June 26, 2023. The City Clerk published notice of the continued first reading of Ordinance No. 4738 in the Sanford Herald on June 25, 2023. The City Commission approved the first reading of Ordinance No. 4738 on June 26, 2023. The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on July 9, 2023. RECOMMENDATION: City Staff recommends that the City Commission adopt Ordinance No. 4738. SUGGESTED MOTION: "I move to adopt Ordinance No. 4738." Attachment: Ordinance No. 4738.