Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 24, Offenses - Miscellaneous, Article I, In General, Section 24-50, to prohibit camping and storage on public property.
Purpose
PURPOSE/BACKGROUND:
This item was previously deferred by City Council in order to convene a stakeholder group to review and make recommendations on the proposed ordinance. Council was provided the report and recommendations of the stakeholder group at its February 11 work session.
The proposed ordinance incorporates the recommendations of the work group by clarifying the intent of the ordinance as compassionate compliance, rather than an enforcement-first approach, and by creating a multi-tier enforcement model. Only after receiving verbal notice and a reasonable opportunity to comply, as well as information about resources, will someone be given a summons. The ordinance would then make it unlawful and a class four misdemeanor, punishable by up to a $250.00 fine, for any person to camp, lay or sleep, or store items on, upon, or about any public property at any time. A second conviction of the ordinance would be a class two misdemeanor which is punishable by up to six months in jail and up to a $1,000.00 fine. Importantly, a class two misdemeanor will provide potential access to Hampton's Behavioral Health Docket.
Recommendation:
Rec
Adopt the ordinance.
Body
WHEREFORE, most people will accept housing when it is safe, dignified, and appropriate, a small number repeatedly refuse help because they are deeply traumatized. For this group, the answer is not simply tolerance nor simple enforcement, it requires balanced strategy; and,
WHEREFORE, the City will strive to pair persistent outreach with a variety of housing options and insist that public spaces remain safe and usable; and,
WHEREFORE, when someone’s behavior is dangerous or disruptive, the City will address that behavior directly through outreach or co-responder teams and community court programs where possible: No one has the right to endanger others, and no one should be abandoned; and,
WHEREFORE, the City’s goal is compassionate compliance; protecting the community while never giving up on the individual; and,
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section 24-50 of Article I, Chapter 24 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 24 - OFFENSES - MISCELLANEOUS
ARTICLE I. - IN GENERAL
Secs. 24-50. - Unlawful public camping and storage.
(a) It is unlawful for any person or persons to camp, lay or sleep, or store items on, upon, or about any public property at any time. This section’s regulations are not intended to regulate activities on property that is privately owned.
(b) Definitions. The following definitions apply for the purpose of this section.
Camp means to reside or sleep on public property with or without the use of tents, temporary shelters, vehicles or equivalents, or as evidenced by the use of beds, blankets, cots, hammocks, mattresses, sleeping bags, tarpaulins or equivalents, or cooking tools or fire. Camp shall not mean the authorized use of a governmental entity’s public property, including the use of public beaches during the hours that they are open to the public.
Public Property means any and all property in which the City of Hampton, or another governmental entity, has a property interest (i.e. control, easement, lease, ownership, possessory interest, or rental), including, without limitation, beaches, parks, open spaces, public sidewalks and streets, public facilities, public buildings, public schools and associated athletic facilities, roads, and parking lots.
Store means, without limitation, accumulating, keeping, leaving, or maintaining personal property for camping on public property for future use or safekeeping. Store or Storage shall not mean the authorized storage of personal property on a governmental entity’s public property, or unoccupied vehicles lawfully parked on a public street.
(c) Property which is stored on public property in violation of this section, and which is unattended, may be immediately seized by City staff or contractors. Such property shall be stored by the City for 30 days. City staff or contractors seizing the property will take reasonable steps to leave or provide notice that the property has been seized. Individuals may contact the City to determine if an item of theirs is being temporarily stored by the City. Items that staff determine to be trash, garbage, debris, unsanitary or hazardous, to include any weapons, may be disposed of immediately.
(d) The City Manager or their designee(s) may adopt administrative policies and procedures for implementing this chapter.
(e) Any person convicted of violating this section shall be guilty of a Class 4 misdemeanor for the first offense. Upon conviction of any subsequent offense, they shall be guilty of a Class 2 misdemeanor. Prior to charging any person under this section, such person shall be given a verbal warning to cease such activity and reasonable time to comply with such warning, as well as information on alternative accommodations such as available homeless shelters or hotels, and public and charitable programs that offer housing assistance.