§ 20-76. Placement and use of temporary shelters.

(a)

Prohibited items.

(1)

It shall be unlawful and a violation of the Code for any person to place, use or occupy any tent, hut, lean-to, shack or other type of temporary shelter (hereinafter collectively referred to as prohibited items) on public property unless a City permit has been issued therefor when a permit is authorized to be issued by another section. It shall be unlawful for any person to place, use or occupy any prohibited item on private property without the written consent of the property owner, compliance with the chapter 16 and, if required by another section, unless a City permit has been issued. It shall not be a violation of this section for an individual, in City parks, to use temporary covers with open sides such as beach umbrellas to protect against sun during daylight hours or to protect against rain when it is raining where such use is not prohibited by other sections or by City regulations for the use of the park.

(2)

It shall be unlawful and a violation of the Code for any person to place, use or occupy any prohibited item in or on any part of the right-of-way unless a City permit has been issued therefore when a permit is authorized to be issued by another section (e.g., parade permit, street closure permit, etc.). It shall not be a violation of this section for an individual, in the right-of-way, to use a handheld type of umbrella to protect against sun during daylight hours or to protect against rain when it is raining.

(b)

Removal of prohibited items.

(1)

Prohibited areas for the purposes of this section means those areas described in subsections (a)(1) and (a)(2) of this section where prohibited items cannot be placed without violating subsections (a)(1) and (a)(2) of this section.

(2)

The person shall not be charged with a violation of this section if the person removes or causes to be removed all prohibited items from any prohibited areas immediately and does not return any prohibited item, within 30 days, to any prohibited area.

(3)

If requested by the person in violation of this section, the POD shall remove, or cause to be removed, all prohibited items, and any personal items requested to be removed by the individual, to a secure indoor or outdoor location where they will be held for a period of 90 days. If they are not claimed by the person who was in possession of them at the time of removal within the 90 days, they shall be deemed abandoned property and be disposed of accordingly. If a person makes such a request and allows the prohibited items to be removed, the person shall not be charged with a violation of this section provided the person does not place any prohibited item in a prohibited area within 30 days.

(4)

If the person refuses to remove all prohibited items and the person is cited or arrested for a violation of this section, all prohibited items shall be removed or caused to be removed by the POD to a secure indoor or outdoor location where they will be held for a period of 90 days. If they are not claimed by the person who was in possession of them at the time of removal within the 90 days, they shall be deemed abandoned property and be disposed of accordingly.

(5)

If any prohibited items are found in a prohibited area by a Law Enforcement Officer and there is no person present who claims ownership of them, the Officer shall cause them to be moved to a secure indoor or outdoor location where they will be held for a period of 90 days. Upon removal of such items, a notice shall be affixed to the ground in the area where the removed items were located. The notice shall provide a telephone number and a location where information concerning the retrieval of such items can be obtained. Such notice may be removed after five days. If the items are not claimed by the person supplying sufficient proof of ownership within the 90 days of removal, they shall be deemed abandoned property and may be disposed of accordingly.

(6)

When removing prohibited items pursuant to subsections (b)(3) or (b)(4) of this section, any other personal property inside or around a prohibited item may be removed and stored with the prohibited item.

(Code 1973, § 20-11(b)(5); Code 1992, § 20-76; Ord. No. 815-G, §§ 1, 2, 3-15-2007)