Agenda 11/18/2008 Item #16K 4
Agenda Item No. 16K4
November 18, 2008
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation that the County Attorney be directed to advertise an ordinance that
repeals and replaces Ordinance No. 74-7 with an ordinance prohibiting camping in the
unincorporated areas of Collier County.
OBJECTIVE: To direct the County Attorney to advertise an ordinance that repeals and replaces
Ordinance No. 74-7.
CONSIDERATIONS: On May 13, 2008 the County Attorney sought Board direction to
develop and advertise an ordinance prohibiting camping in the unincorporated areas of Collier
County. At that meeting, a Sheriff's Office representative identified concerns that arise from the
fact that the ordinance by its nature encompasses the homeless population. In response, the
Board directed that the County Attorney work with the Sheriff's Office. As directed, the
proposed ordinance is a result of the collaborate efforts of the Sheriff's Office and County
Attorney's Office.
As background, on February 7, 1974, the Board adopted Ordinance No. 74-07, attached hereto, to
prohibit mobile and portable sleeping within one mile of the Gulf of Mexico. Although the
legislative history is not clear, mobile and portable sleeping was presumably prohibited only
within one mile of the Gulf of Mexico because at the time the majority of the population was
within that area.
Ordinance No. 74-07 is still in effect, but not enforced by the County's Park Rangers and law
enforcement because Ordinance No. 89-1], as amended, which regulates the use and conduct on
the beach, prohibits overnight camping on the beach. However, according to the Wildfire Risk
analysis from the Florida Division of Forestry the risk of wildfires continues to exist thoughout
the unincorporated areas of Collier County. Therefore, to address the population expansion it is
necessary to repeal and replace Ordinance No. 74-7 with an ordinance that also prohibits
unauthorized camping in areas that are outside of the beach areas.
The Office of the County Attol11cy has reviewed many anti-camping ordinances throughout
Florida and in other states. Although many of these ordinances have been found unconstitutional,
the City of Orlando's ordinance prohibiting camping has been upheld by the United States Court
of Appeals of the Eleventh Circuit. This success was in large part due to City of Orlando's
handbook entitled the Most Used City Ordinance Book which established an enforcement
process. Consequently, the City of Orlando's ordinance and enforcement process is the
recommended model.
The proposed ordinance, if adopted, would:
1.
.
.
.
,- 2.
Define camping as:
Sleeping or otherwise being in a temporary shelter out-of-doors; or
Sleeping out-of-doors; or
Cooking over an open l1ame or fire out-of~doors.
Prohibit camping and provide for specified exceptions;
Aaenda Item No. 16K4
.... November 18, 2008
Page 2 of 19
. Camping is prohibited on all public property within the unincorporated area of Collier County,
except as may be specifically authorized by the appropriate governmental authority.
. Camping is prohibited on all property within the unincorporated area of Collier County used for
residential purposes; however, that camping is permitted on such property with the permission
and consent of the property owner.
3. Providing for relocation to a public shelter, if a bed is available. If a bed is available and the
person refuses to relocate to the public shelter, then such person may be charged with a violation of this
Ordinance.
The draft enforcement process, attached hereto, would ensure that the ordinance is
constitutionally and consistently enforced. If this Ordinance is adopted, the Sheriffs Office will
establish an internal enforcement process.
FISCAL IMPACT: An advertisement in the Naples Daily News will cost no more than $500.
GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan
associated with these changes.
RECOMMENDA nON: That the Board of County Commissioners direct the County Attorney
to advertise an ordinance that repeals and replaces Ordinance No. 74-7 prohibiting camping.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
Page I of 1
Agenda Item No. 16K4
~"ovember 18, 2008
Page 3 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K4
Recommendation that the County Attorney be dire:ted to advertise an ordinance that repeals
and replaces Ordinance No. 74-7 with an ordinance prohibiting camping in the
unincorporated areas of Collier County
Meeting Date:
11/18/2008 90000 AM
Prepared By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1115/200811 :53:06 AM
Approved By
Jeff KJatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/200812:00 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
11/5/20082:12 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
11/5/20082:34 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/5/20082:52 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6/20083:50 PM
file://C:IAllendaTestIExDortl 111i-Novemher%20 I R.%20200RI lli.%20CONSENT%20AGE... 11112/200R
i\genda item No. 16K4
November 18,2008
Page 4 of 19
ORDINANCE NO. 2008-
AN ORDINANCE REPEALING A.'\'D REPLACING COLLIER
COUNTY ORDINANCE NO. 74-7 WITH A."I ORDINANCE
PROHIBITING CA.l\IPING IN THE UNINCORPORATED AREAS
OF COLLIER COUNTY; DEFINING CAMPIJ'iG; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR TRANPORT TO
SHELTER IF BEDS AVAILABLE; PROVIDL"IG FOR
PENALTIES; PROVIDIJ'iG FOR INCLUSION IJ'i CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN ,EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners finds th!!! it is iIlth~.interest of health. safety.
and welfare to the citizens of Collier County that Ordinance No, .74' I be repealed and replaced with this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THEllOARDOF COUNTY CO~SSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION O:'i'E: CAMPING DEFINED
For the purpose of this Ordinance, "Can'lping",is defined as: ., ..... .".
A. Sleeping or otherwise being in a temporary shelter out-of-doors: Or
B. Sleeping out-of-doors; or
C. Cooking over an Op!'fl1'!!llTle or fJre out'of"doors.
SECTION TWO:
CAMPING~lil.OHIBITED, EXCEPTIONS
Camping is Pj.(l~i~itedonallpubl ic property within the unincorporated area of Collicr
County. except as ma)l"be specifically authorized by the appropriate govenunental authority.
,. Campi rig is)lt{}hibitcd<m,all property within the lmincorporated area of Collier County used
for residential~oscs;ltoJll!.~ver, that camping is permitted on such property with the
p<;nnission and cOh~nt of thiproperty owner.
SECTTON THREE: PROVIDING FOR TRANPORT TO SHELTER IF BEDS ARE
A V AlliABLE
A.
B.
A. Whcnevera law enforcement otIlccr has probablc cause to belicve that a violation of this
Ordinance has occurred. he or she shall advisc the person of the violation and afford the person an
opportunity to rclocate to a publically available snelter, If the person c1ccts to bc transported to the public
shelter the law enforcement officer shall make available such transportation to a public shelter for such
purpose and thc pcrson making such election shaJJ not be charged With a violation of thiS section. If a bed
is available and the person retitscs relocate to tne public shelter, then such pcrson may be charged with a
violation of this Ordmancc. If a bcd is not available, then this Ordinance shall not be enforced.
Agenda Item No. 16K4
November 18. 2008
Page 5 of 19
SECTION FOUR:
PENALTIES
Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment
in the COlmty jail as provided for in Section 125.69, Florida Statutes.
SECTION FIVE:
INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered
to accomplish such, and the word "ordinance" may be changed to Ilsecticj~," "article," or any other
appropriate word.
SECTION SIX:
CONFLICT AND SEVERABILIlY
,--,- -,-,...,
In the event this Ordinance conflicts with any otherOroinancetit!'~?llier County or other
applicable law, the more restrictive shall apply. If any phr~.e or Portion of the Ot1t)W\nce is held invalid
or unconstitutional by any conrt of competent jurisdiction, such portion shall be' deJ::ll)eda separate,
This Ordinance shall become effectlY~'!r~~ filing with thel')~p~rtment of State.
PASSED AND DULY ADOPTED b}t:i1\~;139llJ1l ofCountyC~(II(IIissioners of Collier County,
Florida, this _day of ,2(jt)~." "
A ITEST: BOA,IID OF COI1;lNTY COMMISSIONERS
DWIGHT E. BROCK, CL.ppj(<' OF COLLIER COUNTY, FLORIDA
';',O',",",:,:;',,"';-'i
....."'.";..",,,.,'.:,:;:..,,
By:
TOM HENNING, CHAIRMAN
. ", ....-',. ........,
Approval as to fortl1'aridl~gal S1.lmdi~ncy:
Jeffrey A. Klatzkow, County~homey
07-F1A-(l1299iI3
Agenda Item No. 16K4
,N9vember 18. 2008
May f~e20081
MS. FILSON: I have one speaker, but I don't see him. Kenneth
Thompson?
MR. MUDD: He already talked to me, and I have the particular
items that he wants to take a look at.
MS. FILSON: That's your final speaker.
Item #12A
RECOMMENDATION THAT THE COUNTY ATTORNEY
DEVELOP AND ADVERTISE AN ORDINANCE THAT
REPEALS AND REPLACES ORDINANCE NO. 74-7 WlTH AN
ORDINANCE PROHIBITING CAMPING IN THE
UNINCORPORATED AREAS OF COLLIER COUNTY -
MOTION FOR COUNTY ATTORNEY TO WORK WITH
SHERIFFS DEPARTMENT TO ADDRESS THE HOMELESS
ISSUE - APPROVED
MR. MUDD: The next item on the agenda is 12A. It's a
recommendation that the county attorney develop and advertise an
ordinance that repeals and replaces ordinance number 74-7 with an
ordinance prohibiting camping in the unincorporated areas of Collier
County .
Mr. Jeff Klatzkow, the county attorney, will present.
CHAIRMAN HENNING: Motion to approve.
COMMISSIONER COYLE: Second.
COMMISSIONER HALAS: Second.
CHAIRMAN HENNING: Motion by Commissioner Henning,
second by Commissioner Coyle.
MR. KLA TZKOW: I think there's at least one speaker you
should hear, if not more.
COMMISSIONER COLETTA: Yeah, Commissioner?
CHAIRMAN HENNING: Yeah.
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i\genda Item No. 16K4
t~ovember 18. 2008
May il~e2@OO
COMMISSIONER COLETTA: If I could, we have the Sheriffs
Department here. And I'll tell you what some of my concerns are, and
maybe what he might be able to help me with.
I think it's a wonderful ordinance. If it's enforceable, let's go for
it, because I'll tell you right now, the vagrants that are out there, forest
fIres that exist, the crime that comes forward is a real problem. It's not
a good situation; however, with that said, what are you going to do
with the people that you remove from these lands?
MR. BAKER: Good.
COMMISSIONER HALAS: Put them in jail.
MR. BAKER: Good afternoon, Commissioners. Thank you. My
name's Mark Baker, for the record, with the Collier County Sheriffs
OffIce representing Sheriff Hunter and our agency.
In reviewing this agenda topic by the commission and the county
attorney, we were unaware as the Sheriffs OffIce that we had a
problem with camping in the unincorporated area of Collier County.
Now, we do have a problem with trespassing and we have a
problem with homelessness and we have a problem with vacant
foreclosures and blight that may lead to criminality. But in review of
the plan with our legal today -- and this is the first time we received a
packet today as far as legal staff goes -- we're concerned about the
language contained in the ordinance from Orlando that you're looking
at adopting.
The burden of proof is still going to fall back on law
enforcement, and the City of Orlando's ordinance specifically deals
with public property on the case that they won on appeal.
I think what you're trying to propose is not going to -- is going to
have some unintended consequences in certain areas of the county of
people camping, including on property -- private property where they
have permission to be there from the landowner. It's going to put
some ofthe burden of proof back on the Sheriffs OffIce for
enforcement, and we're going to be creating -- generally bad cases
Page 238
Agenda Item No. 16K4
November 18, 2008
May ij'%:\el@(}8l
lead to bad law.
And in this case of review of the City of Orlando, we're
comparing apples to oranges with a more rural type of community
than Collier County, especially in the Estates area, presents. The City
of Orlando is mostly a concrete community and, yes, people sleeping
in areas under bridges, and in public places that create a blight.
The City of Orlando also has a homeless shelter that, by their
own makeup of what you're looking to adopt under the most used
ordinance book, talks about it being private property, talks about how
the suspect's in a tent, and it also has to provide them with another
alternative place to stay in which Orange County has that facility.
It's never been to capacity. They charge a dollar a day. It's, I
think, a 500-bed facility for predominantly men who are homeless that
they have an option to go stay at as opposed to sleeping in public.
So I think by looking at changing the ordinance, we're going to
have some unintended consequences to families who are practicing
lawful events either on public or private property if we don't qualify.
And we're willing to work with the county attorney to try to adopt
some language that may narrowly and specifically try to fix the
problem we have identified.
I don't believe the problem's camping in the unincorporated areas
of Collier County. I think the problem is trespassing, which we have
state statutes that govern that as well as working with the prosecution
from the State Attorney's Office to prosecute people.
We have private homeowners out there that -- or landowners that
we're trying to contact to get them to properly post their property as
per the statute so we can lawfully enforce the trespass ordinance or
law.
I think that's the issues we're trying to fix. But throwing a blanket
over the entire county, I think the commission may be in error by
having some unintended consequences.
CHAIRMAN HENNING: Commissioner Fiala?
Page 239
Agenda Item No. 16K4
November 18. 2008
May l'iJe2008l
COMMISSIONER FIALA: Yes. It was I who prompted this in
the first place, that is because in the East Naples area -- and I can't talk
about any other part of the county. But in the East Naples area we
have 43 homeless camps.
Now, the Sheriffs Office said they would prefer to say over 30,
so I'll say over 30 homeless camps. I've been in some of them. In
fact, I was just in one two weeks ago that's in the front of my
development.
And as I stood in that camp, I could see the houses right through
-- right through the trees right there. That's how close it is. And that's
-- and it's not safe to walk in the neighborhoods when you've got them
living right there.
We've got -- we've got a camp there. Then one two, three camps
right next door to Town Centre, right next door to Rex -- Rex
Televisions, stufflike. When you stand in there, you can watch the
children playing in the back yards. And it's scary. I don't like to see
children that are -- that could be preyed upon.
So I talked with our Sheriffs Office, and they said that they can't
do anything about it without an ordinance. So I talked to our county
attorney, and I said, is there something that we can do to help protect
us and to help -- to work with the Sheriffs Office, and he came up
with this proposal.
And at the time we had an officer say that's exactly what we're
looking for. I didn't realize that it wasn't. So maybe we can go back
to the drawing board and you can work with our county attorney and
put together what we need to do to keep us safe. That's all I'm looking
for.
MR. BAKER: And those properties that you described are
private properties. They don't belong to the government or the county
or public properties, which that ordinance that passed the muster in
Orlando specifically dealt with public property; and it also, in that
ordinance, provided them an option to go off of that public property
Page 240
Agenda Item No. 16K4
November 18. 2008
Mayp}J~ Q008J
into a shelter-type facility, which we currently --
COMMISSIONER FIALA: This also mentions private property.
It does not mention commercial property, which would be another
addition to it.
MR. BAKER: And the private properties we're trying to work,
some of them are incorporations, LLCs that are hard to get ahold of
the actual owner of those properties, and some of them have posted,
but most posting didn't meet the proper sign age requirement for state
law.
We have been working with code enforcement to put liens on
certain people's property who refuse to clean up those areas that we've
identified as a blight or aesthetically not pleasing or health, safety, and
welfare issues.
And I think if we -- if you would allow me the indulgence -- if
we could get another swing at the pinata and maybe try to come up
with a narrowly related ordinance that would help us with some of
these issues, because the majority of them are on private properties.
CHAIRMAN HENNING: Well, how about if I just amend my
motion and amend it to give guidance to the county attorney to work
with the Sheriffs Department and take care of the vagrants --
vagrancies in Collier County, okay? Is that okay with the second?
Commissioner Coyle?
COMMISSIONER COYLE: Yeah. It is okay, but I've got some
questions and a statement, but I think Commissioner Halas was ahead
of me.
CHAIRMAN HENNING: Yes. You have some questions of the
sheriffs deputy?
COMMISSIONER HALAS: I was wondering in your -- as you
were laying out the process here, if we directed basically in the urban
area and you could say that anything west of 951 be included in this
ordinance. Would that help you out?
MR. BAKER: Well, again, the burden of proofs going to shift
Page 241
Agenda Item No. 16K4
,Npvember 18. 2008
1VLayp}J~ 00@8J
on us. It's not going to come -- I don't believe it will preclude
constitutional challenges --
COMMISSIONER HALAS: Okay.
MR. BAKER: -- to --
COMMISSIONER HALAS: You answered my question. Thank
you very much, sir.
CHAIRMAN HENNING: Commissioner Coyle?
COMMISSIONER COYLE: I'm confused, okay. I met with the
two officers that you have that interface and work with the homeless
people around and try to clean up things and get things moving, and
they briefed me on their problem with respect to enforcing our
existing no-camping ordinance, which is fairly limited, of course, and
the problem of people, homeless people just taking over private
property and living there.
And the problem was, in many case, yes, you can't find the
property owner to find out if they had permission to do that. Well,
you intuitively know they don't, but you've got to have some proof.
And they informed me that the best thing to do would just be to
have an anticamping ordinance for the entire county, end of story, and
then make it a requirement that any person camped on that property
should have permission from the owner. They have the responsibility
to present proof that they have authority to be there.
And absent that, those people can be arrested and put in jail, and
then they can be used for the purpose of going out and cleaning up the
messes that they and their companions have created in Collier County.
And in a few days of that, I think maybe you drop them off close to a
bus station somewhere, then they'll decide they've had enough of that
and they'll leave and go someplace elsewhere where people treat them
a little nicer.
I'm not at all interested in giving them a place to stay. That's not
my interest at all. My interest is to get the hell rid of them.
Now, I've told this story to people a dozen times. I was driving
Page 242
Agenda Item No. 16K4
November 18. 2008
Mayp1>~ llOO&
through south Georgia coming back from Chicago one time, and I got
off to get gas, and I was coming back on the expressway, and there on
the entrance ramp were two homeless guys carrying some plastic bags
and some packs, and they were holding a sign that says Naples. They
were hitchhiking.
They had -- they knew where they were going because they knew
that they had a place they could stay and get fed at. And I'm not
inclined to encourage those kinds of people to come here. They were
coming here for the winter. It was getting cold up north. And I'm not
interested in Collier County becoming a magnet for people who want
to sleep on public and private property, make a mess of it, create
crime, commit crimes, and then expect that we're going to take care of
them and provide them a place to sleep and feed them.
I know the federal government doesn't agree with me, but I, quite
frankly, don't care. I'm not interested in making it comfortable for
those people, and I'd like to support whatever will make them
uncomfortable to get them out of Collier County.
COMMISSIONER HALAS: Are you running for sheriff?
COMMISSIONER COYLE: No, I'm not.
CHAIRMAN HENNING: Everybody okay with the motion?
COMMISSIONER FIALA: Yes.
MS. FILSON: You have another speaker, sir.
CHAIRMAN HENNING: Oh, I'm sorry.
MS. FILSON: Bob Murray.
CHAIRMAN HENNING: Mr. Murray, I apologize.
MR. MURRAY: Don't know if! want to.
CHAIRMAN HENNING: Well, you don't have to if you don't
want to.
COMMISSIONER COLETTA: No. I've never known him to
refuse.
COMMISSIONER HALAS: I hope you're not a homeless guy.
COMMISSIONER COYLE: Not yet, not yet.
Page 243
Agenda Item No. 16K4
November 18. 2008
May~~ 20083
MR. MURRAY: Bob Murray, East Naples Civic Association,
and the only reason I am now speaking is because I want to make it
very clear that this has been the subject of conversation at our board
meetings for literally years.
And while my heart hurts for people who are, for whatever
reason, are in a bad way, we do have an obligation to our citizens who
are taxpayers who are good citizens, that they be provided safety.
And so I don't have to plead to you. It seems clear to me that you
all have the same mind. But I would urge that whatever it is that we
will do, we do rather quickly.
You're right, I've heard that same story, and not from you, that
people do come here because they know that they can do it. And you
know, when you see defecation and when you see other conditions
that are really not good, it doesn't help our community at all. We
work hard to make our community good.
Thank you for the opportunity to speak.
CHAIRMAN HENNING: Thank you.
COMMISSIONER COYLE: And by the way, some of them are
sleeping right in the bushes right beside this building.
COMMISSIONER FIALA: I know, I know. That's true.
COMMISSIONER COYLE: Okay? They're there and they're
there more than just occasionally. So it's -- nevertheless.
COMMISSIONER FIALA: They have to hose the street down
before people could come to their offices in the morning because of
the stuff that you fmd there, and it's pretty sad.
COMMISSIONER COYLE: Yes, it is. It is.
CHAIRMAN HENNING: All in favor of the motion, signify by
saymg aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN HENNING: Aye.
COMMISSIONER FIALA: Aye.
Page 244
,I
Agenda Item No. 16K4
November 18, 2008
Page 14
ORDpUIllCE NO. ..lJo,J.
iIN ORDIllllNCE TO REG01J\TE THE
USE OF CAMPIlRS, V~N S, TIlNTS.
SLEEPIN~ BAGS AND:OTHER MOBILE
OR PORTt-BLE SL!!:PXNG FACILITIES'
OR ~QUIfllENT UPQNPUBLIC AND
PRIVIITE: LlIND WU'lIl:N ONE (1)
MI~E OF'THE GULF OF MEXICO NOT
CONTAIntD WITaIN, OR ~CC!SSQRY
TO AN APPROVED MOBILE MOME PARK,
OR CAMP,GROUND. rnOVIDING EXCEP-
TIONS, ,nOVIDIHG P&NlILTY. SAVINGS
ilNO CONfLICT CLJlUSES I lINO 1'1l0VI-
DING ANIEFFECTrVE.DATE.
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&"to;&:. ~.
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BE IT DRDAINED BY THE BollRD OP'cDONTY COMMISSIONERS OP COLLI~R
COUNTY J ,"LOftInA,
SECTION ONt::
1. Definitions for the ~urDose of thiu Ordinancet
a. ~Mobile Slea in Facilit or ut mQnt- 1nelud8..
but is not 1m te to,: any v. ~a. n~ u ng ~ ~blle home1
trailer, camper', covered van, truck or bUll, tractor,: boat
on a trBilec, or other; vahi~l. Or .utomobi~. d..i9n~,
&qul~pa~ br used for oY8rniqhtlng, Bpendln9 eho ni9~i~B
hours, sleepinq, or for use as 'U.vin9 q\1arte.rs. .
b. "Portable-
but is not Lm1te
or item~ designed,
n1qhtin9r sleeping
51ee in Faci it Ot B ul ent- ihclude.,
to a tent, .. eep1.nq ag: 04' B1.mili51r item
uBed or .ul~able for .hel~er, over- .
or ~ivinq in the open. f.
2. AreO of Applic8tion.
This Ordin~nc@ Sh~ll apply to the unineor~or4te~~area or
Collie[' County, Florida wit.h~tJ one ru mile or the Gulf o~ Mexico.
i
J. Unlawful to C~~ oh privbtB bropgrty ~ithout owners'
COnsontt
It shall be unlawful f~r any person to occupy, or t~ allow,
permi.t or cause to be pllrked:. pitched, placed or u'l:cted upon the
land of cnoth~r without the prior expressed consent of th~ owner
~ny .~obile or port~ble sleeping f.cil~ty or equipmentM a~ ~efine~
above.
4. Mobile and Portable Sleep1nQiEQuipment ~rohibltad.
! . .
It shall be unlawful 4uring the period of tlm. beqinhinq
thirty (30) minutes belore,s~set until thirty (30) minut.e ofter
8unri.e each ~ey tor any per~Oh to o~~~py or ~o cause to bQ pa~ked, ,
pitch~d, placed or erected apy ftmoblle:e~ portable Bleepi~ tacilit~
or equipment" upon any publi~ road r1qht~of-W8YJ park, beabh or oth~
proP7rty or upon private land within the unincorporated ~a of
Coll~er County except a8 follows: . :
a. Within a mobile hORla or tr~il.r park or caq,qround:' I
or facility designated: as such Qr othervise permitted in
aecor4enee with the Coilier County Zoning Regulations and
ee~t~fied by the Colli~r County Health Depar~nt &S; meeting
currQn~ StatQ h.alth.~andardB, Qr
b. Such person p~ominontly:d1cplaY8 between aay such
vRhicl~, equipment or facility and the neaTea~ commonly used
road. path, trail or w.lkway a current permit i.aued by the
In~, 2 /lIE 38
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.,
.\: .._1 L...r
Agenda Item No. 16K4
Noyember 18, 2008
_\1 ~agej15
L."
t l V
County Zon.1nq ",ncf ne~lth Ocpart;ments thAt the- faciUty Meta
the minlMU~ sBnitary:and healtH .tandarda of the State b.part~
mant of Heolth. Sucb ptIDl11t allall d.ac:~J.1>e the ptItl10n la'
v~h1Q1.. locaUon upon whJ.ch pou:kJ.n9 ahall be ptInuj,t..d and
the pormittad po~iodof ti~. . ,
SEC'l'IOH TWllI
1. Penalty. Any per.on viol.tin; t~o pr~1Bion. of this
Ordinance ahall .be qu:l.ltV of a mi..d...eano~ andu.PD" convijction
shall be punilhe~ .. p:ovl~ed by 9~niral law. .
. '..
. ~. Sevorant:a. 'If ~T\Y port.1on of th.1s Ordin.nc:e oJJ. 4eclareclf
~noonltitut~onll o~ held invalid in .~pllcat1an, the Y&l~ity of '
th& r~inin9 porti~. and, applicability to other person. and
circum:stanC'.. ahall not b.i Affected tJlerl!lby. .
;
3. CQnf1ic~. Should .ny pro?t.ion of thia O~dinenc. confliCt
~ith other ordtnance., cod~. or law, -~e 80re ~e.trlcti~ .hall .pp~y.
4. Eff.ct1ve nit.. jThe provi.ions of this Ordin&~c. .hAll" ~
b~co~ Gffectlve upon recDipt tbat tki. Ordinance h.. ~~n filed with
the Oepartmentof Stat.. ' .' 1,
lIarch 5. 1974
. .
IlOAIlD OF COllIl'lY COIIMI9SIO_
:,~li:* .
. 0: nl:e.. i rma~. ,:
Approved .. :to forJD. ~ l.eqallty~
;
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D'&V1d Em8%'&on BrWlelr - i
C~111.~ County Attorn~
, .
Original and d~licatemailedtoth.~S.cr.t&ry 'of State, Certified ~
",.il No. . 450144 en this .llh.. day of P.b~u.ry. 1974; . '
':'I~jJ~ ~
Ben 0-. onV.;.~A~
Fiacal Officor, Doputy Clo~k
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Agenda Item No. 16K4
Navem er 18,,2008
.Aaenda Ite e ~€l.M 19
- :May ,2008
Fag 11 of 14
AN ORDINANCE AMJ!NDING CHAPTER 43 (OFFENSES-
lJISCELLANEOUS) OF. TllE CODE OF THE CITY OF
ORLANDO BY THE ADDITION OF Ii SECTION <3.80
PROHIBITING CAlolPIllG IN CERTAIN AREAS ANI)
PROVIDING EXCEPTIONS.
BE IT ORDAINED BY TIlE CI'r'l COUNCIL OF THE CITY OF ORLANDO, ,FLORIDA:
SECTION ONE:
Cb~pter:43 01 tbe Code of tb~ City of Grlando
be, and tbe same is hereby~ amended by: the addition of a
Section 43.80 to read as followsl
Sec. 43.80.
C~mplng;prohibited; exceptloBs.
(l) For tbe purpOBes of tbis section, "camping" j
ia defined aa: j
(a) sleeping or otherwi~9 being in
a temporary sbelter out-of-QOors; or
(b) sleeping ~ut-of-doo~s; or
(c) COOking over an opeD flame or fire
out-Oof-doors.
(2) Camping is prohibited OB all public propeTty:
owned or controlled by .the City of Orlando, :except as .
may be spoc1f1c~11y permitted.
,
(3) Camping i~ prbhibited OD all property in
the City used for cOmmP.fcial or industrial purposes.
(4 )
the City
bowever,
with the
Camping is prphibited on all property in
used for resid~ntial pU~Poses; provided,
tbat camping is p.ermltte-11 on such property .
permission ud consent of: the property owner. ~
(5) Any person violating sub-sections (2),
(3) or (4) af this section shall, ~pon conviction,
be- punished as providedi in Section 1.08 of this Code. j
SECTION TWO; It any Aeqtion. subsection. sentence, cl~se,
phrase or portion of this or~inaoce is tor any rSa80n held 1pvalid
or unconstitut~onal by any court ~f c~tent jurisdictioD, sueh
. .
portion shall be deemed a separate, distinct, and independent
provisi~n and sucb holding BUall not affect the v~ldity of the
remaining portion hereot.
SECTION THREE:
,
This ord1nance shall take ef~ect upon its
,
passage and as provided by law.
ff~~/7 ~ : ~::::
RElID SECOND TI},lE AND ADO":TED~ 1980.
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Ca.l-'l': Laf~g~~
ADVERTl SEll
RRAD FfaST TIllE
E.rIL9-.e Ao:. C!*Iwn ltg, City Clerk
to form and
-I - 19BO,
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-t, ct ty Attorney
Orl,ando, Florida ,j
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ORDINANCE'
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-- p(}s'sessiort o{me.t~a.l..:.?g-l ~,-?~0::it_!1.~::PP'~~:~FbA~
ers pr.o_~~bit,?q .~,~:; ce:r~ajli':;;P?bl~+~'._fac:'i~;'~:$_:;--c'
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. It'. shilll be,ur,law~~~:"for any: ,pe,f.f,ori<9'!j;~Itf!;~"iri'(~
51.0n -wh~le,.on,the ,pr;emlses,_"of th~,: ~a:J'Q:r_. B9,~:.",~-P:f:;~i~rfo'r
Cent::e, Expo'-;C~n:'re,.'. -,F~orida.'Ci ~p.1:s':,.~~6Wl'::}~~~ ~~f:Ia0~~i~.(l,~nke:',
Stad1.~m o"r" t.he or~arr~.o... A~~na,:_:~. .a._ny~'..me. ~~1.':':":9.1.,.a.S.'s'..:~'~ff~.'....YrPF
conta.Ln~r, desl.gned tor ,or,contf.l~n~ng-any' .fo()d ;.or:'.bev~;ear;~'-'
section ,$h~ll not, he :::o~stFu~d .t:?;", p'r~~,ibi ~i~~,l:l~~,~:~~~eisio.
suchcontQ.lne,.r:s9yarF :employe;:' or:'":fg~p.;~'<:of::_~!E-~i.~.lj,~{'Qr .~)..: ': '
au thoe i, z ad . . c():pc~ S s,i6~a_i re .at . ,J;_Qe;, ~'ff'a? il,j,_ S'ies.f:x,~l9.:ti,~-:~.{ith . .ic~-;
participati,ng .-inan ~;ev~nt ,o,r.' p.r:ogrp.rn'whe~"__ s:t.ich_:,~mpl~-:"_
isact"ing.'- in his' oEfi~ial:c,a_pac~,ty, irkf/~rt,'t'1~,~le's:~~,
facilitie_s, its agents and:~mploye~s... ,"",,', ,_:':.'5~'2;~;;,\:' ','.
',,;: .... ,. __ ';_'- .:'. '::,~'>~ '~i,'::";,';::; .::;~.".q~.}~~~'~'-;;{:\1i~~-'"
Camping., pr'oh.i::9i~p.~';.. '~fC,qep~4;qp.;t,7,\:: ""'-""':~:r,~,:
(SEE NOTES AT' ENtJ'Of. SECH9NJ \0""';'"
Sec. 4J.q6.
Sec. 43.52.
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Sleeping .out-O,f~-d~or-s;or .~,",. -
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(3) the "uspect has bu~,lt}i;;<:,~c1tr>f'~'0tr~\~*t",,;, ......,
(~) the suspect is. a"lefp."n~l'heri'~'tr~k~~j;l, ,t~~~lf
he .~la:=- .'no" other" P~~~..~.;i~.,:"t{~~::,t:.;\H~,1:,'e~$'t~p~'r's
ddd~ t10nalI y be--lldV,l,~ed '<>f,al"t:~rna:ti:Ye:.,.s~~1.t,er
at the Coal ~t~on 'fot.o:.:,t"h.~,;. Hq~eI~s.s\l;;. ' ';~~i~:'\::~':;::
, ',", . --,.:.';?'~::1:~<~::_,<_",'2 ',_ ";:::1~':',",-!,~:\~~;-
(5) Uputl ar['€5t, _~Yid_ence. -oe':::--'~~:~~pip:$\: (s~e~ptng
bed[oll~ _ cardboa'td/f. n~.wsp~pe:t"s ~';/.;~'4et~JjAl,~:'~}~1.)~Ap~.'
de s troyed~ bue shou Id_,"~~r;--':,s:ei,zeq:;", ar:'k: p::1;~"~~~~l'~J.~'?'F :
and, Evidence; qt,h~l; persona'i\,'prop_eX~y_'o't,-_th~, .D~;(#~d
which. :is not _ evide!1qe,f"s~oul'a - tilt;. ta,~.e,n.__,::~,tp;,::~t;:he'\~;'., ~
County Jail with th.D"feJ:'d!in~.. j'}c.,,'iil");'i\:?~j:~"t~i~k ,.', ... 'W'-..:~
:3imply being asleep ':iri' '~",'pUb-li.c ..rpiaC;::~i,',d;;r:t~~' "l~,t~,":'krt~~'::.~:~~~~",~ ~~~,
early, morn~n~ hours_ ~~ake: th~:':p~,~pi,[}'J cc;~;>e:',:,.str2.R?r,~~:~~:,::~~k:,'i~:j.;,pO't 'f~ .
alone sLl~,flC.lent ~o' .Jl.l,stl.fy:.an ~r.t'.~s,t>/~r:-qe~Jr.~~1.:5".~~eCtlo~i:iPnl~.~s",
there is some~ndlcl:-a ,:of.<.:.true "ca.~:t,ng'-':'~~.",,(u5,;.,ng':J fO;~f .1;"
funct ions l . ~: -::,~"__ ' ,:::',d: "~:":,;:;:~,.''::~~:':~.i~~~~1i~~'~~:~;L;, J~~~/;
unless flight by the' p'er~on o-r Qt~~r~,:;<:;i'fGNmst<:l,fI,9.~,S, im:~HesT::~,,:,
impractl.cable , a law ,eriforcemen:t. orticer. sl1our,d:~,:t'a.:r:;QF:ltb;e,"s~~pe' ,j~~'
of the law and available, facf1;it.i.e's:'~;~t~" ~h~::,,:d?'~t,f~idrl:~~;fq:te:;~'~ithe,~~
Homeless, at lea,st. once,., ,b~'~pie': ~akii1:g'::,~,a ,:,.pti'Y~i'ca'l ,arf,es~~r. ~.'t.he~I,:.'
Coa~ition 'will ',accept. t~a::nsientg':,and,~"even~;"~f cU'l:',r;e~:~~,y~/:vr,\d~J'fi.:fhe'~~~
in f lu~.nce ,of alcoho~"o"r. :d~ug#! .',!h~,';C;,~al iS~6'~"Gl'~'~~e;",:~l:;::';g'M~)? i~:~ .:;)~~:
but w1.1.l:accept cll.ents a'f'ti'ertha,t: hOUr:.'l!",d~l~vered' 't~'F~t.,:.qZ:,.~-.t ,'~~i,
law enfDrcement, o'fficer-, .:"., . "'. .",:"".:!':;':t:':;::" ~~;~i'~~~ Jl.
. . ; ,: ,'-':, .',' . ~"L'r" "(!';J'}:;';>:;~;:',i,{it., '.' "':~. ,:~'r,. 0"-":<~,
Sec. 43.53. Sleeping on',"'i~ilroad -tr~(;:ks '::;4q~ ~,i:i"9ht""o'f1Wqy.~~~d7i': :~, ~.~~~
::. ,;:,,:~i."~:~~i~f~,~?~~~;~;:j~:~~~:~~~~
. I~ shall he, u["llaw~ul. 'f~r4n,y,p.cJ:9?n,t.Ct",'Hrin~,~,e,:::~p...~~'~'~il~,ent:~~':~ lh,~<x'\\.~;.,~, '.'
'a pU?11C place .other, than Pl1e set.a~1,d~{,:13nt:i:,,','des,:i.gnated'~:t,9:5i~'!i:~~~~;"",'~ ~:it~\~
pa rt ~ clllar purpose."." ," c,:, ',' ":,',,.' '.- .' "";',:.,,: .... .,:J~:,,::'::";~~'~~" ,;;,;1"': ,>:~,:,1 :".~;;~A
See. <13" 61. Unl~\Jf:~l' U~e,,,o:f," Riqtrt'::6f~Wa~ \~~,ft~r~,w~;~'~~{~~;~::::.: /,~,)~[t~,~;:.,":'l~~\,~~~
(SEE NOTES..AT,eND OF SEctiON.) .:4"\. ....' .. ,*:,'.;1 'i...*".\"'.~':'
( 1) IL. Sha.Hbeun'-aY~tuL'!'2;'}~~." J'e~~~l1\;~ri\~~~~&~~~',i~~F~~i~~I;)~~.
be l.nQ,.... ordered . ,bY:,a':'~'l'aQ:'," enfo:r,c.~rner: t~Qf.f,l:9:eI:'> ,t Q . G~,~s;e',~e.:q:~,:" I" ,;;",,'Ij~(,~~J-r:
following', aatlvJt;~":'..,tp':, ~~~{:ri .tup6n ~1;\~rlr:!,;;:r,:'j:.~nr~'o(";:~,a'~} J~('~~ "':',
. me,di~n, ,,;>.'i.~e~~y. ~.:~.qn.e;,,<:",:s~d.e~~,l:~;. ~:" 'St:~~~;~llfj{i~~t,r'~.),~:.~:.~,$:;l;,~,y, ;~~;i',~+~~k"
pUblJ;c: h~gtr.~Y j: )~jl!>pUbi:J;C:: :',gr:()!Jnds?~~.:J;..-thJ::,QTthe.I~l]J!,ts:tiPJ"c.,,~, ~~"::,,,.:~
th'e 'City.f?!;"., t.11t'i ?.'__p~.rpcise":o.'f'" .'''thUmbf[.lg~.:i'.,~':t~u'es~,iil''1)~ '~'~<":..,,, "
aSking"J' . y~ ;;'s,~l:~Git,~~(r::.~~ .'. .t~,~~:: t/)!:~, '~J...~t;;~>:~'f.'~\~!:~:::':~~R',:,~~~~" 't;?;tt~:~
person, from .th:e ,o~~t:.atQr. o~ ':any "'l!fot9~: y~f111;;le.' ".'i!:~:)t~" .!:;,~,:/;~~,:,~~,~.,,:~Jt~,I~j
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