Ordinance No. 1471-23 Sleeping and Camping Prohibited

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INSTR#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 r 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.