HomeMy WebLinkAboutOrdinance No. 1471-23 Sleeping and Camping ProhibitedINSTR#2023188921 OR BK 10906 PG 2586 Page 1 of 3
10/25/2023 11:09 AM Rcpt: 2637331 Rec: 27.00 IDS: 0.00 IT: 0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk & Comptroller
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA CREATING SECTION 130.23
SLEEPING AND CAMPING IN PUBLIC AND CERTAIN PRIVATE
PLACES PROHIBITED; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, as provided in section 2(b), Article VIII of the Constitution of the State of
Florida, and section 166.021 (1), Florida Statutes, the City of Zephyrhills, Florida (the "City"), a
municipal corporation, enjoys all govern -mental, corporate, and proprietary powers necessary to
conduct municipal government, perform municipal functions, and render municipal services, and
may exercise any power for municipal purposes, except as expressly prohibited by law; and
WHEREAS, as provided in section 166.021(3), Florida Statutes, the governing body of
each municipality in the state has the power to enact legislation concerning any subject matter
upon which the state legislature may act, except when expressly prohibited by law; and
WHEREAS, the City Council has determined that it is in the City's interest to create new
sections of the City's Code of Ordinances from time to time to assure that the Code of Ordinances
adequately meet the needs of the City; and
WHEREAS, the City Council hereby finds and declares that this Ordinance is in the best
interest of the public health, safety, and welfare, and that it advances a valid and important public
purpose.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills, Florida, as follows:
Section 1. Authority.
This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home
rule powers of the City.
Section 2. Legislative Findings of Fact.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City
Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption hereof.
Section 3. Creation of Section 130.23 of the City of Zephyrhills Code of Ordinances -
Sleeping and Camping in Public and Certain Private Places Prohibited.
Section 130.23 - Sleeping and Camping in Public and Certain Private Places Prohibited is
hereby created as part of the City of Zephyrhills Code of Ordinances as follows:
130.23 SLEEPING AND CAMPING IN PUBLIC AND CERTAIN PRIVATE PLACES
PROHIBITED
A. It shall be unlawful for any person to sleep or camp at a time or under circumstances that
warrant ajustifiable and reasonable concern for the health, safety, or welfare of the public:
1. In or on any public right-of-way, including any street, alley, roadway access,
median, or embankment.
2. In or on any public park, trail, or upon the grounds of any public facility or property,
whether improved or unimproved.
3. Upon any unimproved private lot unless such use is with the permission of the
owner and permissible under the city's zoning ordinance.
OR BK 10906 PG 2587 Page 2 of 3
4. Upon the premises of any private, commercial, or industrial property unless such
use is with the permission of the owner and is permissible under the city's zoning
ordinance.
B. Camp Defined: As used herein, "camp" shall mean an outdoor place for eating, cooking,
and sleeping, and includes, but is not limited to:
1. The use of camping facilities such as tents, tarpaulins, or temporary shelters.
2. The use of sleeping bags, cots, beds, or hammocks.
3. The use of park benches, picnic tables, recreation equipment, or similar structures.
4. The use of any parked vehicle, including an automobile, bus, truck, camper, trailer,
or recreational vehicle.
C. Circumstances that may be considered in determining whether immediate concern is
warranted include but are not limited to, the length of time the individual has been sleeping
or camping at the site where the violation was observed.
D. In addition, any camp violation of this section is declared to be a public nuisance, and the
chief of police or his/her designee, upon a determination that such camp constitutes an
immediate threat to the health, safety, or welfare of persons in the city, including persons
using the camp, is authorized to remove the camp forthwith. If persons are occupying the
camp at the time, then before removing the camp, the chief of police or his/her designee
shall warn the person or persons occupying the camp that they are in violation of this
section and shall give them the opportunity to remove the camp forthwith.
E. Any and all violation of the Ordinance shall constitute a separate Class VI offense as set
forth in the Uniform Fine and Citation Schedule as adopted by the Sixth Judicial Circuit,
and shall be prosecuted as provided in Section 162.2 1, Florida Statutes. Each violation and
each day constituting a violation shall be fined and prosecuted as a separate offense.
Section 4. Repealer
Any and all ordinances in conflict herewith are hereby repealed to the extent of any
conflict.
Section 5. Severability.
It is declared to be the intent of the City Council of the City of Zephyrhills, Florida, that if
any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the
remainder of the ordinance shall be construed as not having continued the said section, subsection,
sentence, clause, or provision and shall not be affected by such holding.
Section 6. Inclusion into the Code.
It is the intent of the City Council that the provisions of this Ordinance shall become and
be made a part of the City of Zephyrhills code, and that the sections of this Ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 7. Effective Date.
This Ordinance shall become effective upon passage on the second reading and signing by
tlie,Mavor.
.
Che for egomg.rinance No. 1471-23 was passed on the first reading in an open and regular
meeting of the Citv Council of the City of Zephyrhills, Florida, on this 25th day of September,
20} 3
Att6sx:
ta Lori L: 'I sl man, City Clerk
F
0
ance . Smith, Council President
OR BK 10906 PG 2588 Page 3 of 3
The foregoing Ordinance 1471-23 was passed on the second reading, following a public hearing,
inope#i`4nd regular meeting of the City Council of the City of Zephyrhills, Florida, on this 9"'
,:
y: of Oeto2023.
Atte' �
Loi°il. Hillman, City Clerk Lan . Smith, Council President
'TheXc r g'ijYj'Ordinance 1471-23 was approved by me this 9'" day of October, 2023.
MWwie Bahr Monson, Mayor
Approved as to legal form and legal content
It -117 -
Matthew E. Maggard, City Attorney
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