HomeMy WebLinkAbout2014-OR-28ORDINANCE NO. 2014 -OR- og
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
AN ORDINANCE PROHIBITING UNAUTHORIZED CAMPING
WHEREAS, the Jeffersonville Common Council is vested with the power, duty and obligation
to enact ordinances and laws that are designed to provide for the public safety, health and welfare
of the citizens of Jeffersonville, Indiana;
WHEREAS, the City of Jeffersonville has the authority pursuant to Indiana law to develop
ordinances that are promulgated for the purpose of protecting the public health, safety and welfare;
WHEREAS, the act of unauthorized camping on public or private property tends to endanger
the health and safety of those engaged in such camping as well as the public at Targe; and
WHEREAS, the unauthorized use of public or private property for camping where the
property in question is neither intended nor designed as a camp site, campground, or site for
temporary human habitation tends to impair, obstruct, and otherwise detract from the use of the
property for its intended purpose.
NOW, THEREFORE, BE ORDAINED BY THE COMMON COUNCIL FOR THE CITY OF
JEFFERSONVILLE, INDIANA AS FOLLOWS:
(a) It shall be unlawful for any person to camp upon any private property
without the express written consent of the property owned or the owner's agent, and
only in such locations where camping may be conducted in accordance with any other
applicable laws or regulations.
(b) It shall be unlawful for any person to camp upon any public property
except in any location where camping has been expressly allowed by the City or
agency having control, management and supervision of the public property in question.
(c) No law enforcement officer shall issue a citation, make an arrest or
otherwise enforce this ordinance against any person unless:
(1) The officer orally requests or orders the person to refrain
from the alleged violation of this ordinance and, if the person fails to
comply after receiving the oral request or order, the officer tenders a
written request or order to the person warning that if the person fails to
comply the person may be cited or arrested for a violation of this
ordinance; and
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(2) The officer attempts to ascertain whether the person is in
need of medial or human services assistance, including but not limited to
mental health treatment, drug or alcohol rehabilitation, or homeless
services assistance. If the officer determines that the person may be in
need of medical or human services assistance, the officer shall make
reasonable efforts to contact and obtain the assistance of a designated
human service outreach worker, who in turn shall assess the needs of the
person and, if warranted, direct the person to an appropriate provider of
medical or human services assistance in lieu of the person being cited or
arrested for a violation of this ordinance. If the officer is unable to obtain
the assistance of a human services outreach worker, if the human
services outreach worker determines that the person is not in need of
medical or human services assistance, or if the person refuses to
cooperate with the direction of the human services outreach worker, the
officer may proceed to cite or arrest the person for a violation of this
ordinance as the warnings required by preceding paragraph have been
previously given.
(d) For purposes of this ordinance:
(1) "Camp" means to reside or dwell temporarily in a place, with
shelter, and conduct activities of daily living such as eating, sleeping or the
storage of personal possession in such place. The term "shelter" includes,
without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll,
blankets, or any form of cover or protection from the elements other than
clothing.
(2) "Designated human service outreach worker" shall mean any
person designated by the City of Jeffersonville to assist law enforcement
officers as provided in this ordinance, regardless of whether the person is
an employee of the City of Jeffersonville.
(3) "Public Property" means, by way of illustration, any street,
alley, sidewalk, pedestrian or transit mail, bike path, greenway, or any
other structure or area encompassed within the public right-of-way; any
park, parkway, bridge, or other recreation facility or adjacent structure; or
any other grounds, buildings, or other facilities owned or leased by the
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City or by any other public owners, regardless of whether such public
property is vacant or occupied and actively used for any public purpose.
(e) Any individual found in violation of any provision of this article shall be
subject to the penalty provisions of the Jeffersonville Code of Ordinances Section
10.99. Each act in violation of this article shall constitute a separate punishable
violation.
(f) If any provision of this article is found to be invalid for any reason by a
court of competent jurisdiction, the validity of the remaining provisions shall not be
affected.
This ordinance shall be in full force and effect after its passage and upon publication
pursuant to I.C. 5-3-1
Voted for:'/'4,14 -/_.e.ja.
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Passed and adopted on this / Cd day of
Vicki Conlin, Clerk
Voted Against:
, 2014.
Dennis Julius, Pr sident
Presented Vie, Vicki Conlin, Clerk, to the Mayor of Jeffersonville r m on this
J7 day of J £.L4U ,2014.
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Vicki Conlin, Clerk
his ordinanc�:-died a approved by Mike Moore, Mayor o Je rsonville
this day of l , 2014.
Mike Moore, ayor
This ordinance vetoed by Mike Moore, Mayor of Jeffersonville at
day of , 2014.
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m. on this
Mike Moore, Mayor