RIVERDALE CITY CITY COUNCIL AGENDA January 20, 2009 AGENDA ITEM:

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1 RIVERDALE CITY CITY COUNCIL AGENDA January 20, 2009 AGENDA ITEM: G3 SUBJECT: Consideration of Ordinance #728 adopting a new Chapter under Title 4, Public Health and Safety, Chapter 5b, Camping. PETITIONER: Police Department ACTION REQUESTED BY PETITIONER: Adopt Ordinance INFORMATION: Executive Summary Ordinance #728 BACK TO AGENDA

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3 ORDINANCE NO. 728 AN ORDINANCE OF RIVERDALE CITY ADOPTING A NEW CHAPTER UNDER TITLE 4, PUBLIC HEALTH AND SAFETY, CHAPTER 5B, CAMPING, TO ENACT REGULATIONS DESIGNED TO PROTECT THE HEALTH, SAFETY AND WELFARE OF RIVERDALE CITIZENS CONCERNING CAMPING WITHIN CITY LIMITS, PROVIDING DEFINITIONS, PENALTIES, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council ( Council ) adopted the Riverdale Municipal Code ( Code ) in an effort to encourage and facilitate orderly growth and development in the City as well as to promote a more attractive and wholesome environment; and, WHEREAS, through the adoption of Title 4, Public Health and Safety, the Council established a means whereby the municipality may remove or abate or cause the removal or abatement of public nuisances pursuant to the powers granted to it by Chapter 8 of Title 10, Utah Code Annotated, 1953, as amended; and, WHEREAS, the purpose of this ordinance is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city in a clean, sanitary and accessible condition and to protect the health, safety and welfare of the community, WHEREAS, the unauthorized or inappropriate use of outdoor cooking equipment, open flame, fires or stoves of any sort typically associated with camping creates a major fire threat to life, safety and property, including public and private property, open lands, and hillsides. WHEREAS, camping adjacent to, within, or below the top of banks of creeks or streams poses a health and safety risk from potential flooding, proximity to unstable banks with slippage potential, health risks from human waste entering into creeks, streams, or other waterways and the risk of damage to environmentally sensitive habitat; WHEREAS, unauthorized camping near bicycle or walking paths within the city also increases the potential for crimes against persons using the paths. WHEREAS, it is declared that the activity of overnight camping occurring in areas not designated as campgrounds is hereby declared to be a nuisance, as defined in UCA, , due to concerns relating to sanitation, safety, fire hazards, litter and trash, and disturbance of the peace of surrounding neighbors. WHEREAS, the Riverdale City Council finds that the following Code amendments are appropriate to the goals, objectives and character of the City and that the curtailment of the use of overnight or long-term camping will enhance the health, safety, convenience, order, prosperity, and general welfare of the citizens of the City of Riverdale. Riverdale City 1 Ordinance #728

4 NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF RIVERDALE: Section 1. follows: Enactment. The following Section and Chapters are enacted and such shall read as TITLE 4 PUBLIC HEALTH AND SAFETY CHAPTER 5B, CAMPING - CAMPING IN UNDESIGNATED AREAS SECTION: 4-5B-010: 4-5B-020: 4-5B-030: 4-5B-040: 4-5B-050: 4-5B-060: 4-5B-070 PURPOSE AND SCOPE: UNLAWFUL CAMPING DEFINITIONS PERMIT FOR SPECIAL EVENTS REQUIRED CAMPING RESTRICTIONS (WHEN PERMITTED FOR SPECIAL EVENTS) OTHER PENALTY 4-5B-010: PURPOSE AND SCOPE The purpose of this ordinance is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city in a clean, sanitary and accessible condition and to protect the health, safety and welfare of the community Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. It is not the intent or purpose of this chapter to prohibit overnight camping on private residentially zoned property when located on the same lot as an existing single family residence. 4-5B-020: UNLAWFUL CAMPING: It is unlawful and a public nuisance for any person or group of persons to establish any site for the purpose of human habitation to provide overnight or short term camping, to camp, establish or occupy camping facilities, or use camping paraphernalia within Riverdale City Limits or any of the following areas: A. Any public property, improved or unimproved, including, but not limited to, public streets and sidewalks, parks, open space, and other property; B. Public places restricted as day use C. Public restroom facilities Riverdale City 2 Ordinance #728

5 D. Areas established as closed to public use E. Within 1/4 mile of any roadway, highway, freeway, water source, river, wetland, or waterway, pathway or walkway, bridge, tunnel or viaduct, rail yard or train tracks, F. Within 1000 feet of a. A public or private school or grounds b. A building, park, stadium or other structure which at the time of the act, being used for an activity sponsored by or through a school or institution. c. A pre-school or child care facility G. In an area deemed for other recreational use. 4-5B-030: DEFINITIONS: 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 chapter. Nothing contained in this definition shall prevent the use of umbrellas, sun shades, or other usual equipment for temporary protection from the sun or elements and not for human habitation or overnight use. The term camping as used in this Chapter shall not be defined to include any camping activity authorized pursuant to a Special Event, activity or Special Business Event license issued by the City pursuant to the provisions herein or otherwise in the Riverdale City Code. A. "Camp" or camping means to do any of the following: 1. To sleep or establish oneself at any time between the hours of 11:00 p.m. and 8:30 a.m. in any of the following: a. Outdoors, with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment or device; b. In, on, or under any structure or thing not intended for human occupancy, whether with or without bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection, equipment or device. 2. To establish or maintain, outdoors or in, on, or under any structure, object or thing not intended for human occupancy, at any time between the hours of 11:00 p.m. and 8:30 a.m., a temporary or permanent place for sleeping by setting up any bedding, sleeping bag, blanket, mattress, tent, hammock, or other sleeping equipment or device in such a manner as to be usable for sleeping purposes. 3. To establish or maintain, outdoors or in, on, or under any structure or thing not intended for human occupancy, at any time during the day or night, a temporary or permanent place for cooking or sleeping by setting up any bedding, sleeping bag, blanket, mattress, Riverdale City 3 Ordinance #728

6 tent, hammock, or other sleeping equipment or device or by setting up any cooking equipment, with the intent to remain in that location overnight. B. "Camping facilities" or camping facility include, but are not limited to, tents, huts, lean-to s, tarps, trailers, vehicles, vehicle camping outfits or other forms of temporary shelter. C. "Camping paraphernalia" includes, but is not limited to, bedrolls, blankets, tarpaulins, cots, beds, mattresses, pads, sleeping bags, hammocks, lanterns, stoves or non-city designated cooking facilities and similar equipment. D. "Establish" means setting up or moving equipment, supplies or materials onto public or private property for the purpose of camping or operating or using camping facilities. E. "Maintain" means keeping or permitting self, equipment, supplies or materials to remain on public or private property in order to camp or operate or use camping facilities. F. "Operate" or operating means participating or assisting in establishing or maintaining a camp or camping facility. G. Parks means public and private parks. H. Playgrounds means play lots, playgrounds, and play fields for local youth and adult recreation programs. I. "Public property" means all publicly-owned property including, but not limited to, public streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other forms of improved or unimproved land or real property. J. "Store" means to set aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. O. "Streets" or "public streets" includes avenues, highways, lanes, alleys, ways, crossings or intersections, courts and cul-de-sacs that have been dedicated and accepted according to law, or which have been in common and undisputed use by the public for a period of not less than five years from the effective date of the ordinance enacting this chapter. Streets and public streets do not include privately-owned streets unless the context clearly provides otherwise. 4-5B-040: PERMIT FOR SPECIAL EVENTS REQUIRED: The mayor or city manager, in his/her/their discretion, may issue a temporary permit to permit camping in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and scouting activities that the city manager deems to be in the public interest and shall not constitute a public nuisance nor be a threat to the public health, safety or welfare. 4-5B-050: CAMPING RESTRICTIONS (WHEN PERMITTED FOR SPECIAL EVENTS): 1. Camp site must be kept in a sanitary condition a. Littering, human excrement, open containers of food and other unsanitary conditions will not be tolerated. 2. No camp fires or fires of any kind 3. No damage to surrounding vegetation or destruction of public property. Riverdale City 4 Ordinance #728

7 4. No open containers of alcohol. 5. No possession of a firearms 4-5B-060: OTHER: Any camping equipment left standing in violation of this Section may be impounded or removed by a peace officer or designated official. For purposes of impoundment and/or removal, a peace officer or designated official may, after making a reasonable effort to locate the owner, impound and remove any vehicle, trailer, tent or associated camping equipment. The cost of fines, fees for impoundment for each day that it is held in storage, and removal costs shall be charged to the owner or any person who claims the impounded equipment, trailer or vehicle. 4-5B-070: PENALTY: Any person who violates any subsection of this section shall be guilty of a class B misdemeanor, and upon conviction, such person shall be subject to fine and/or imprisonment or punished as provided in section of this code. In addition to the remedies set forth herein, the city attorney may institute civil actions to abate a public nuisance under this chapter. Nothing in this subsection precludes prosecution under any other provision of law. Section 2. Repealer. Any provision of the Riverdale Municipal Ordinance Code found to be in conflict with this ordinance is hereby repealed. Section 3. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the remainder shall not be affected thereby. Section 4. Effective. This ordinance shall take effect immediately upon its adoption and posting, as required by law. PASSED, ADOPTED AND ORDERED POSTED this 20 th day of January, Bruce Burrows, Mayor Attest: Marilyn Banasky, City Recorder Riverdale City 5 Ordinance #728

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