CHAPTER 16. OFFENSESCHAPTER 16. OFFENSES\Article IV. Camping

Camping on or under public infrastructure such as bus shelters, trails, public parks, bathrooms, bridges, overpasses and flood control works endangers such infrastructure because of fires, obstructions and the accumulation of personal property. Camping in areas that include retail businesses, restaurants, hotels, private residences and event spaces developed to attract residents and tourists adversely affects such areas and impedes economic development. Accordingly, the purpose of this chapter is to protect public infrastructure and designated areas by regulating camping and the storage of personal property.

(Ord. 4156-24)

Unless the particular provisions or the context otherwise requires, the definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this section.

Camp means to use property for living accommodation purposes, such as sleeping activities or making preparations to sleep (including the laying down of bedding for the purpose of sleeping); or storing personal property (including, but not limited to, clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar material); or making any fire, regularly cooking meals, using any tents, or living in a parked vehicle. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person(s) is using such property as a living accommodation.

Flood control works means the system comprised of levees, flood walls, relief wells, closure structures, pump stations and ponding areas that serve to protect the City from flooding.

Personal property means any and all tangible property, and includes, but is not limited to, goods, materials, merchandise, tents, tarpaulins, bedding, sleeping bags, hammocks, personal items such as luggage, backpacks, clothing, documents and medication, and household items.

Public infrastructure means bus shelters, bridges, overpasses and flood control works.

Public parks means any named public park in the city limits of the City of Ottawa, Kansas.

Store, stored or storing means to put aside or accumulate for use when needed, to keep for safekeeping, and/or to place or leave in a location.

Tent includes any tarp, cover, structure or shelter, made of any material that is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the tarp, cover, structure or shelter.

(Ord. 4156-24)

It is unlawful and a public nuisance for any person to camp in the following areas:

A.    Public infrastructure;

B.    Public parks;

C.    Within ten (10) feet of any doorway, loading dock, stairway, fire escape or public restroom;

D.    Any property zoned commercial or industrial;

E.    Any property zoned residential that contains a structure that has been declared a nuisance, been condemned, lacks a certificate of occupancy; or is without current operable utility service whether water, sewer, electric or gas; or

F.    Any vacant lot.

(Ord. 4156-24)

A.    It shall be unlawful to fail to remove stored personal property under this ordinance within 24 hours of receiving written notice pursuant to this section.

B.    All stored personal property in an area covered by this chapter may be impounded by the city in accordance with this section.

C.    Personal property placed in an area covered by this chapter shall be deemed to be stored personal property if it has not been removed within 24 hours of service of written notice, requiring such removal. Moving personal property to another area covered by this chapter or returning personal property to the same area on a daily or regular basis shall not be considered to be removing the personal property. A law enforcement officer may remove and impound such stored personal property after providing 24 hours’ written notice.

D.    Personal property placed in an area covered by this chapter that has a clearly posted closure time may be removed and impounded after the closure time, without prior notice. Post- removal notice shall be provided as set forth below.

E.    In the event personal property placed in an area covered by this chapter poses an immediate threat to the health or safety of the public, it may be removed without prior notice and discarded. For purposes of this Section, “immediate threat” shall include, but is not necessarily limited to, personal property that has been tainted with blood or other bodily fluids, feces, urine, bed bug, fleas or other pests, and trash.

F.    Evidence of a crime or contraband may be removed from any area covered by this chapter without prior notice.

(Ord. 4156-24)

A.    Pre-removal notice. The written notice required by this ordinance shall be deemed to have been served if a written notice is served on the person storing the personal property or is posted conspicuously on or near the personal property. The written notice shall contain the following:

1.    A general description of the personal property to be removed.

2.    The location from which the personal property will be removed.

3.    The date and time the notice was posted.

4.    A statement that the personal property will be impounded if not removed within 24 hours.

5.    A statement that moving stored personal property to another area covered by this chapter shall not be considered to be removing personal property.

6.    The location where the removed personal property will be stored, including a telephone number and the internet website of the city through which a person may receive information as to impounded personal property.

7.    A statement that impounded personal property may be discarded or otherwise disposed of if not claimed within 90 days after impoundment.

B.    Post-removal notice. Upon removal of stored personal property, written notice shall be conspicuously placed in the area from which the personal property was removed. The written notice shall contain the following:

1.    A general description of the personal property removed.

2.    The date and approximate time the personal property was removed.

3.    A statement that the personal property was stored in violation of this ordinance.

4.    The location where the removed personal property will be located, including a telephone number and internet website of the city through which a person may receive information as to impounded personal property.

5.    A statement that impounded personal property may be discarded or otherwise disposed of if not claimed within 90 days after impoundment.

(Ord. 4156-24)

A.    Except as specified herein, impounded personal property shall be moved to a place of storage.

B.    Except as specified herein, impounded personal property shall be stored by the city for 90 days after which time, if not claimed, it may be discarded or otherwise disposed of. The city shall not be required to undertake any search for, or return, any impounded personal property stored for longer than 90 days.

D.    The city shall maintain a record of the date any impounded personal property was received and discarded or disposed of.

D.    The owner or any other person entitled to the impounded personal property may repossess the personal property prior to its disposal upon submitting satisfactory proof of ownership and paying the applicable redemption fee. A person may establish proof of ownership by, among other methods, describing the location and date when the personal property was impounded and providing a reasonably specific and detailed description of the personal property.

(Ord. 4156-24)

The Judge of the Municipal Court shall set a schedule of fees for the redemption of property under this ordinance. In no event shall the fee exceed $499.00. The redemption fee must be paid prior to the redemption of any impounded property.

(Ord. 4156-24)