HomeMy WebLinkAboutOrd 2023-13ORDINANCE NO. 23-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11 OFFENSES, BY ADDING ARTICLE
11-3 URBAN CAMPING; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
RECITALS:
WHEREAS, the Town Council of the Town of Fountain Hills desires to amend Title I I Offenses
to adopt certain urban camping regulations to protect the health, safety, and welfare of the Town
of Fountain Hills and its residents; and
WHEREAS, public places in the Town of Fountain Hills provide common areas for residents of
the community and non-residents to meet, relax, and take part in recreational, cultural, social, and
other activities; and
WHEREAS, it is the responsibility of the Town and, in the best interests of residents of the
community and nonresidents, to ensure that public streets, sidewalks, parks, and other public
places are made readily accessible to the public; and
WHEREAS, the Town desires to adopt urban camping regulations to prohibit the use of certain
public areas for urban camping and the storage of personal property to ensure that public streets,
sidewalks, parks, and other public places are accessible to the public and maintained in a clean and
sanitary manner; and
WHEREAS, the Ninth Circuit Court of Appeals held in Martin v. Town of Boise and Johnson v.
Town of Grants Pass that the Eighth Amendment prohibits the imposition of criminal penalties for
camping on outdoor public property for homeless individuals who cannot obtain shelter without
first providing an individualized assessment to determine if there is shelter space or other public
space available.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION I. Chapter I I Offenses by adding Article 11-3 Urban Camping, as follows (new text
in ALL CAPS):
ARTICLE 11-3 URBAN CAMPING
SECTION 11-3-1 DEFINITIONS.
ORDINANCE 23-13 PAGE 2
THE FOLLOWING WORDS, TERMS, AND PHRASES, WHEN USED IN
THIS CHAPTER, SHALL HAVE THE MEANINGS ASCRIBED TO THEM IN
THIS SECTION, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES
A DIFFERENT MEANING:
"CAMP" MEANS TO RESIDE IN OR USE A PUBLIC PARK, STREET,
OR OTHER PUBLIC PLACE FOR TEMPORARY OR PERMANENT
LIVING ACCOMMODATION PURPOSES INCLUDING, BUT NOT
LIMITED TO, ACTIVITIES SUCH AS ERECTING TENTS OR ANY
OTHER STRUCTURE PROVIDING SHELTER, DIGGING OR
BREAKING EARTH, LAYING DOWN BEDDING FOR THE
PURPOSES OF SLEEPING, USING CAMP PARAPHERNALIA,
STORING PERSONAL BELONGINGS, STARTING A FIRE,
REGULARLY COOKING OR PREPARING MEALS, OR LIVING IN A
PARKED VEHICLE.
"CAMP PARAPHERNALIA" INCLUDES, BUT IS NOT LIMITED TO,
TARPAULINS OR TARPS, COTS, BEDS, SLEEPING BAGS,
HAMMOCKS, BLANKETS, OR NON -TOWN DESIGNATED
COOKING FACILITIES AND SIMILAR EQUIPMENT.
"PUBLIC PARK" MEANS ALL TOWN PARKS AND PLAYGROUNDS.
"PUBLIC PLACE" MEANS PUBLIC PLAZAS, TRANSPORTATION
FACILITIES, BUS STOPS, SCHOOLS, ATTRACTIONS,
MONUMENTS, AND IMPROVED AND UNIMPROVED PUBLIC
AREAS.
"PUBLIC STREET" MEANS ALL TOWN -OWNED PUBLIC STREETS
AND HIGHWAYS, PUBLIC SIDEWALKS, PUBLIC BENCHES,
PUBLIC PARKING LOTS, AND PUBLIC PARKING STRUCTURES.
SECTION 11-3-2 PROHIBITED USE OF PUBLIC RIGHT-OF-WAY.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE A PUBLIC STREET,
ALLEY, LANE, PARKWAY, OR OTHER RIGHT-OF-WAY, WHETHER SUCH
RIGHT-OF-WAY HAS BEEN DEDICATED TO THE PUBLIC, IN FEE OR BY
EASEMENT, FOR LYING, SLEEPING, REMAINING IN A SITTING
POSITION THEREON, OR CAMPING, EXCEPT IN THE CASE OF A
PHYSICAL EMERGENCY OR THE ADMINISTRATION OF MEDICAL
ASSISTANCE.
SECTION 11-3-3 CAMPING IN PUBLIC PLACES.
A. CAMPING PROHIBITED. NO PERSON SHALL CAMP IN ANY
PUBLIC PARK OR PLACE, EXCEPT WHERE SPECIFICALLY
AUTHORIZED BY THE TOWN.
B. YOUTH ORGANIZATION EXCEPTION. THE TOWN MAY, IN
ACCORDANCE WITH THE TOWNS ESTABLISHED PROCEDURES,
ISSUE SPECIAL USE PERMITS OR RESERVATION PERMITS TO
ORDINANCE 23-13 PAGE 3
AUTHORIZE YOUTH ORGANIZATIONS TO CAMP OR PARK
VEHICLES OVERNIGHT IN A PARK. NOTHING IN THIS SECTION
SHALL BE INTERPRETED TO PROHIBIT CAMPING OR
OVERNIGHT PARKING SPONSORED OR APPROVED BY THE
TOWN OF FOUNTAIN HILLS.
C. DESIGNATED CAMPING ZONES. THE TOWN COUNCIL MAY
DESIGNATE CERTAIN PUBLIC PROPERTY FOR CAMPING AND IF
SUCH DESIGNATION HAS BEEN MADE AND SPACE IS
AVAILABLE, THEN INDIVIDUALS DESIRING TO CAMP ON
PUBLIC PROPERTY SHALL BE REQUIRED TO CAMP IN THE
DESIGNATED AREA.
SECTION 11-3-4 VIOLATION —PENALTY.
A. VIOLATION OF THIS CHAPTER IS A CIVIL PENALTY
PUNISHABLE IN ACCORDANCE WITH TOWN CODE, SECTION
1.8, EXCEPT THAT CRIMINAL SANCTIONS SHALL APPLY FOR
HABITUAL OFFENDERS.
B. AN INDIVIDUAL CHARGED WITH VIOLATION OF THIS CHAPTER,
WITH THE CONSENT OF THE INDIVIDUAL, MAY BE TAKEN TO A
FACILITY PROVIDING SOCIAL SERVICES RELATED TO MENTAL
HEALTH, HOUSING, AND/OR SUBSTANCE ABUSE TREATMENT
IN LIEU OF CITATION.
SECTION 2. Providing for Repeal of Conflicting Ordinances. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein
by reference are hereby repealed.
SECTION 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance or any part of the Code adopted herein by reference is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
SECTION 4. Providing for Penalties. A person who violates this Ordinance or any part of the
Code adopted herein by reference shall be responsible, as follows:
A. Violation of this chapter is a civil penalty punishable in accordance with Town
Code, Section 1.8, except that criminal sanctions shall apply for habitual
offenders.
B. An individual charged with violation of this chapter, with the consent of the
individual, may be taken to a facility providing social services related to mental
health, housing, and/or substance abuse treatment in lieu of citation.
ORDINANCE 23-13
PAGE 4
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this
day of August, 2023.
FOR THE TOWN OF FOUNTAIN HILLS:
ATTESTED TO:
ickey!IMayor I nda'Mendenhall, Town Clerk
REVIEWED BY:
Rachael Go
APPROVED AS TO FORM:
erim Town Manager Aaron D. AiyisUwn Attorney