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:
The proposed ordinance would make it unlawful and a class one misdemeanor, for any person or persons to camp, lay or sleep, or store items on, upon, or about any public property at any time. If adopted, prior to charging any person pursuant to this section, Hampton Police Division Officers would give such person a verbal warning to cease such activity and reasonable time to comply with such warning, as well as information on alternative accommodations.
Recommendation:
Rec
Adopt the ordinance.
Body
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 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 section.
(e) Any violation of this section shall be a Class 1 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.