HomeMy WebLinkAbout2024-03-04 Ordinance 3105_CampingORDINANCE NO. 3105
AN ORDINANCE ADDING CHAPTER 47, CAMPING, OF THE MUNICIPAL
CODE OF THE CITY OF WAUKEE, IOWA
WHEREAS, pursuant to Iowa Code Chapters 364.1 and 364.12 (2023), the City of
Waukee, Iowa, is authorized to preserve and improve the property of the City and the peace,
safety, health, welfare, comfort and convenience of its residents and shall keep all public
grounds, streets, sidewalks, trails, alleys, bridges, culverts, overpasses, underpasses, grade
crossing separations and approaches, public ways, squares, and commons, open, in repair and
free from nuisance; and
WHEREAS, public property is intended to be used by the public for public purposes,
including daily City operations, park recreational use, pedestrian, bicycle and vehicular
transportation, and other public uses; and
WHEREAS, camping without adequate sanitation services, including but not limited
to bathrooms, showers, sewer, water, and garbage, presents a public health and safety concern
to members of the public; and
WHEREAS, it is important to maintain public property consistent with its intended use;
and
WHEREAS, the City Council of the City of Waukee hereby finds the requirements
established by this Ordinance are necessary for the preservation of the public peace, health,
safety, and welfare; and
WHEREAS, the City Council of the City of Waukee, Iowa, has considered this matter
during a regular public meeting, has given careful review and consideration to the matter, and
deems it necessary and proper to adopt a new chapter 47, "Camping", as a part of the Code of
Ordinances of the City of Waukee, Iowa.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Waukee:
Section 1: That the Code of Ordinances of the City of Waukee, Iowa, is hereby
amended to adopt the following underlined language:
CHAPTER 47 CAMPING
47.01 UNLAWFUL CAMPING.
1. It shall be unlawful for any person to camp. occupy camp facilities or
use camp paraphernalia in the followinga_
A. Any park unless expressly authorized by the Waukee Director
of Parks and Recreation or designee,
B. Any publicly -owned property to which the public is not
ordinarily allowed access, including but not limited to, public buildings,
water storaf,e tank sites, well sites, storm water ponds and facilities, and
other secured properties;
C. That portion of any street or sidewalk that is expressly reserved
for vehicular or pedestrian travel;
D. Portions of any street right-of-way that is not expressly reserved
for vehicular or pedestrian travel, and
E. Any other publicly -owned parking, l� of or publicly -owned
property, improved or unimproved.
47.02 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.
1. It shall be unlawful for any person to store personal property, including
camp facilities and camp paraphernalia, in the following areas:
A. Any park-,
B. Any publicly -owned property to which the public is not
ordinarily allowed access, including but not limited to, public buildings,
water storage tank sites, well sites, storm water ponds and facilities, and
other secured properties,
C. That portion of any street or sidewalk that is expressly reserved
for vehicular or pedestrian travel;
D. Portions of any street right-of-way that is not expressly reserved
for vehicular or pedestrian travel, and
E. Any other publicly -owned parking l� of or publicly -owned
property, improved or unimproved.
47.03 PENALTY FOR VIOLATIONS.
1. Violation of any of the provisions of this Chapter is a simple
misdemeanor punishable by a fine but not imprisonment. Notwithstanding, the
maximum fine imposed for a first conviction for a violation of this Chapter
shall be no more than one hundred and five dollars ($105.00).
2. Prior to imposing fine for violation of this Chapter, the Court shall
make an inquiry into a person's abilitypay. In the event that a defendant is
determined by the court to be unable to pay the fine imposed, the Court is
explicitly authorized to impose a requirement to perform community service in
lieu of paying a
47.04 ENFORCEMENT.
1. A violation of this Chapter shall be enforced as follows:
A. Prior to issuing; any citation of arrest pursuant to this Chapter,
the investigating officer shall inquire whether the unlawful camping
and storagepersonal property is due to houselessness. If the officer
learns that such is the case, the officer shall determine, in accordance
with the relevant department policy, if there is Available Overnight
Shelter to accommodate the subiect of the investivation. If the officer
determines that there is no Available Overnight Shelter, the officer
shall not issue a citation unless it is a repeat offense.
B. If the officer determines that there is Available Overnight
Shelter, the officer may, within his or her discretion:
Provide directions to the shelter locati
(2) Offer one-time transport to the shelter location.
(3) Anv individual who refuses to accent the shelter
offered is subject to citation in accordance with Section 47.03 of
this Chapter.
47.05 DEFINITIONS.
1. The following definitions are applicable to this chapter unless the
context otherwise requires:
A. "Available Overnight Shelter" means a location which is
designed or offers temporary, overnight ging to those without such.
A person's choice not to attend or avail themselves of Available
Overnight Shelter, engage in illegal activity, or failure to follow rules
applicable to any such Available Overnight Shelter shall not make a
shelter unavailable for the purpose of this chapter.
B. "Camp" means to pitch or occupy camp facilities, to use camp
paraphernalia;
C. "Camp facilities" include, but are not limited to, tents, huts, or
temporary shelters when used for sleeping, or overnight shelter. "Camp
facilities" does not include tents, huts, or temporary shelters when used
temporarily in a park for recreation or play during daylight hours when
the park is open to the public,
D. "Camp paraphernalia" includes, but is not limited to, tarpaulins,
cots, beds, sleeping bags, hammocks or nonci -designated cooking
facilities and similar equipment;
E. "Park" means those areas subject to the executive and
administrative responsibility of the Park Board established by Code of
Ordinances of the City of Waukee Chapter 24, including but not limited
to parks, trails, playgrounds, athletic fields, and public open space;
F. "Store" means to put aside or accumulate for use when needed,
to put for safekeeping, to place or leave in a location;
G. "Street" means any highway, lane, road, street, right-of-way,
boulevard, alley and every way or place in Waukee that is open as a
matter of right to public vehicular travel.
47.06 RULES.
1. The Chief of Police is hereby authorized to adopt rules, regulations,
administrative policies, and procedures for implementing Sections 47.01
through 47.06.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 41h day of March, 2024, and approved this 4"' day of March, 2024.
Courtney Clarke, Mayor
Attest:4mm ,, nn
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Rebecca D. Schuett, City Clerk