Fort Walton Beach Ordinance — 2188--Creating COO Section 9.16 Camping on Public Property, Bldgs, or ROW Prohibited — reading text

yEADING DATE 1 t EMAo ORDINANCE 2188 2nd MEM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY AND FINDINGS OF FACT; CREATING SECTION 9. 16 OF THE CODE OF ORDINANCES, ENTITLED CAMPING ON PUBLIC PROPERTY, BUILDINGS, OR RIGHT OF WAYS PROHIBITED; AND PROVIDING FOR AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166. 021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, Section 125. 0231, Florida Statutes, makes it impermissible for counties and municipalities to authorize or otherwise allow public camping or sleeping at public buildings, on public grounds, property or rights- of-way, except for very particular circumstances such as for designated recreational uses; and WHEREAS, Section 125. 0231, Florida Statutes, places an obligation on counties and cities to proactively avoid violations of the statute; WHEREAS, the failure to do so subjects counties and municipalities to civil actions by residents of the city, owners of a business located in the city or the Attorney General may enjoin violations of the new law, damages including attorneys' fees and costs may be imposed; and WHEREAS, City staff has been proactive in meeting with municipal partners and law enforcement to determine the best approach forward to demonstrate proactive enforcement of Section 125. 0231, Florida Statutes, through the enforcement of existing codes; and WHEREAS, the Okaloosa County Board of County Commissioners and the City of Mary Esther have adopted similar ordinances; WHEREAS, the United States Supreme Court in City of Grants Pass. Oregon y,. found that such laws are constitutional and do not violate Johnson. et. al, ( June 28, 2024), the Eighth Amendment restriction on cruel and unusual punishment against homeless individuals; and WHEREAS, the Council finds it appropriate to create sections of the Code of Ordinances to further align with Section 125. 0231, Florida Statutes, and ensure it is clear that public camping or sleeping on any city facility, grounds, or right of way is prohibited unless designated by Council as public camping for recreational use.  SECTION 3. CREATING SECTION 9. 16 OF THE FORT WALTON BEACH CODE OF ORDINANCES TITLED CAMPING ON PUBLIC PROPERTY, BUILDINGS, OR RIGHT OF WAYS PROHIBITED. 9. 16 Camping on Public Property, Buildings, or Right of Ways Prohibited 9. 16. 1 Definitions Grounds means the entirety of a parcel of property owned by the City extending beyond the exterior wall of any building, including but not limited to grass areas, swales, sidewalks and parking facilities. Public Camping or Sleeping means: Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space as evidenced by ( 1) the erection of a tent or other temporary shelter; ( 2) the presence of bedding or pillow(s); ( 31 the storage of personal belongings; or ( 4) lodging or residing overnight in an outdoor space without a tent or other temporary shelter. The term does not include: ( 1) lodging or residing overnight in a motor vehicle that is registered, insured and located in a place where it may lawfully be: or( 2) camping for recreational purposes on property authorized by the City for such purposes. 9. 16. 2 Prohibition of Public Camping or Sleeping within City Property. 1) It shall be unlawful for any person to publicly camp or sleep in any City owned building or its grounds unless such act is authorized by the City Council through resolution, ordinance, or contract. 2) It shall be unlawful for any person to publicly camp or sleep upon any City owned street, sidewalk, right-of-way or other City owned public ways unless such act is authorized by the City Council through resolution, ordinance, or contract. 3) It shall be unlawful for any person to construct or erect a structure, tent, tarp or any other thing that is intended to be used for public camping or sleeping, upon any City owned building, street, sidewalk, right-of-way or other City owned public ways, any building or grounds, unless such act is authorized by the City Council through resolution, ordinance, or contract. 9. 16. 3 Criminal Penalties Any person or entity who violates this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction, a violator shall be punished by a fine not to exceed five hundred dollars ($ 500. 00) or by imprisonment in the county jail not to exceed sixty ( 60) days, or by both such fine and imprisonment. This enforcement procedure and penalty for violations of this article is adopted under the express authority of F. S. § 162. 22. The Fort Walton Beach Police Department or Code Department may enforce this article. Violators may also be removed as authorized pursuant to Chapter 810.09, Florida Statutes., trespass after warning. 9. 16. 4 Noncriminal Penalties In addition to any criminal penalties which may be imposed under Chapter 9. 16, the City shall have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including but not limited to:  1) Issuance of Civil Citations; 2) Prosecution before the Fort Walton Beach Code Enforcement Board or Special Magistrate: 3) The filing of a civil lawsuit to enforce this Chapter, including but not limited to a suit for injunctive relief to enjoin and restrain any person from violating this Chapter; or 4) Any other relief available pursuant to law. SECTION 4. SEVERABILITY Each separate provision of this Chapter is deemed independent of all other provisions herein so that if any portion or provision of this Chapter is declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 5. EFFECTIVE DATE This ordinance shall take effect immediately upon approval on second reading by City Council and signature of the Mayor. Adopted: k A 4- L.. ao, S Nic ems • Attest: Approved alt 1-_ al n and sufficiency for the Ci.• o` 1 : n B- ach, only. IA Kim M. Barnes, City Clerk Jeffrey + B fps, C PAttomey Additions are underlined;