Ordinance No. 133 Camping Ordinance

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2-5. Maintain. To keep or permit equipment, supplies or materials to remain on public property in order to camp or operate camp facilities. 2-6.Operate. To participate or assist in establishing or maintaining a camp or camp facility. 2-7. Street. Streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co -routes and cut -de -sacs. 2-8.Outstanding Citation. A citation issued pursuant to section 3 of this Ordinance that is not paid or that is under appeal. 2-9. Public Property. Any real or personal property owned or controlled by the City and includes, but is not limited to, any publicly -owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the City. SECTION 3. UNLAWFUL CAMPING. Except as may otherwise be specifically permitted in the Gem Lake Municipal Code, it is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia in the following areas: (a) Any public property, improved or unimproved, including but not limited to public streets and sidewalks, open space, and other public property. (b) The prohibition set forth in this section does not apply to: (1) Camping on private residential property with the consent of the property owner or a person in lawful possession of the property, provided the camping does not pose a threat to the public's health, safety, welfare, or otherwise create a public or private nuisance; (2) Mobile home parks and special occupancy parks; and (3) Day use for lawful activities on public property where authorized. (c) A violation of this section is a petty misdemeanor. In addition to receiving a citation, the City may institute civil actions to abate a public nuisance pursuant to Ordinance No. 86. (d) The City Council is authorized to allow for City resources to be utilized to clean-up and remove camp facilities and camp paraphernalia on City property and for the recovery of the City's costs and expenses associated therewith. SECTION 4. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. Dated: June 15, 2021 Gretchen Artig-Swomley Mayor Melissa Lawrence Administrative Assistant — Acting City Clerk