HomeMy WebLinkAboutO-25-07 Public Camping - Public SleepingORDINANCE NO.O-25-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING
CHAPTER 70 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES:
"OFFENSES AND MISCELLANEOUS PROVISIONS",
"TRESPASSING"; AMENDING SECTION 70-7 TO INCLUDE "PUBLIC
CAMPING OR PUBLIC SLEEPING"; PROVIDING FOR FINDINGS,
PURPOSE, INTENT AND DEFINITIONS; PROHIBITING PUBLIC
CAMPING AND SLEEPING ON PUBLIC PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; CODIFICATION;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 166 of the Florida Statutes and Article VI11 of the Florida
Constitution authorizes the legislative body of each municipality to enact ordinances to protect
the health, safety, and welfare of its residents; and
WHEREAS, the Florida Legislature has enacted 2025 HB 1365, codified in Section
125.0231 of the Florida Statutes, forbidding municipalities from authorizing or otherwise
allowing any person to regularly engage in public camping or sleeping on any public property;
and
WHEREAS, the Florida Statute as enacted creates a cause of action whereby an affected
member of the public can bring legal action against the municipality seeking damages for failing
to enact legislation or laws which prohibit public camping or sleeping on or after January 1,
2025; and
WHEREAS, the Sebastian City Council has determined and finds that the code provisions
and regulations contained herein are necessary and in the best interests of the health, safety, and
welfare of the general public and the citizens and visitors to City of Sebastian,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. That the Code of Ordinances, City of Sebastian, Florida, is hereby
amended as follows:
Section 70-7 Trespass.
A. Definitions.
"Enforcement Officer" means a sworn law enforcement officer of the Citv of Sebastian or
anv other emalovee dulv authorized to enforce the City of Sebastian's Codes and
Ordinances.
"Public camping or steeping" means:
(1) Lodging or residing in a temporary outdoor habitation used as a dwelling or living
space and evidenced by the erection of a tent or other temporary shelter, the
presence of bedding or billows, or the storage of personal belongings; or lodging
or residing in an outdoor space without a tent or other temporary shelter.
(2) Public camping or sleeting does not include:
a) Lodging or residing in a motor vehicle that is registered, insured, and
located in a place where it may lawfully be.
b) Camoing for recreational uumoses on prooerty designated for such
ourposes.
"Public right-of-wav" means anv land over which the Citv has iurisdiction or control that
has been dedicated. deeded, used, or to be used for a public wav, highwav, street, allev,
sidewalk, throughfare, median, walkwav, access for ingress or eg_ ress, or other public
ourpose.
B. It shall be unlawful for any unauthorized person to enter into a room, building, parcel
of land. or tither area owned by the City that has a sign posted thereon such as
Employees Only. Authorized Pet -sons Only. Kccp Out. No Trespassing, or other sign
speciiving that any such roam. building, parcc] of land, or other area is not ��pcn to
the general public or is limited to access by a limited class of persons.
C. It is also unlawful for any person to fail to immediately vacate any room, building,
parcel of land, or other area owned by the city when instructed to leave the premises
by any Enforcement Officer. Failure to
immediately vacate the area in accordance with the instructions of the Enforcement
Officer shall constitute a trespass. be a trespass ab ini fi
D. Public Camuing or Public SleeDWE.
(1) Public Camping Prohibited.
It is prohibited, unlawful, and a violation of this section for anv person to regularly
engage in public camping or sleeping on anv public oropertv, including, but not
limited to. anv public building or its grounds, or public right-ofwav under Citv
iurisdiction pursuant to section 125.0231. Florida Statutes.
Enforcement Procedures.
a) An Enforcement Officer is hereby authorized to issue a written warning to anv
oerson for violation of this Section when. based upon personal investigation.
the Enforcement Officer has reasonable cause to believe that the person has
committed a violation of this Section.
b) The warning shall be movided to the person that has committed a violation of
this section. including removing anv and all tents. temnorary structures and
Personal belongings. Such time oeriod to comply will not exceed sixty (60)
minutes.
c) The City may pursue any enforcement action or legal remedy available to the
city to include. but not be limited to. a written warning to be followed by a
fine not exceeding $500.00 unless otherwise authorized by state law. followed
by imvrisonment for a term not exceeding 60 days unless otherwise authorized
by state law.
(3) Exceptions: This section does not a-oolv during any time period in which:
a) The Governor has declared a state of emergency in Indian River County or
another county immediately adiacent to Indian River County and has
susoended the provisions of this section oursuant to s. 252.36.
b) A state of emergency has been declared in Indian River County under F.S.
Chapter 870.
Section 2. Severability. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and
it shall be presumed that the Sebastian City Council did not intend to enact such invalid provision.
It shall further be assumed that the Sebastian City Council would have enacted the remainder of
this Ordinance without said invalid provision, thereby causing said remainder to remain in full
force and effect.
Section 3. Conflicts. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. Codification. The sections of the Ordinance shall be codified within part of
the City of Sebastian Code of Ordinances and may be renumbered or re -lettered to accomplish
such, and the word "ordinance" may be changed to "section," "division," or any other
appropriate word.
Section 5. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -
lettered and corrections of typographical, errors which do not affect the intent may be authorized
by the City Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re -codified copy of same with the City Clerk.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember Jones
The Motion was seconded by Councilmember Dixon and, upon being put to a vote, the
vote was as follows:
Mayor Bob McPartlan
Vice Mayor Fred Jones
Councilmember Kelly Dixon
Councilmember Ed Dodd
Councilmember Christopher Nunn
aye
aye
aye
aye
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 12th day of
—March , 2025.
ATTEST:
LUG�a.'r:�.kor,2
EANETTE WILLIAMS, MMC
CITY CLERK
CITY OF SEEB�ASSTIIIAN ROIC
DA
By: /� /r/" -
BOB McPARTLAN,
Approved as to form and legality for
reliance by the City of Sebastian only:
J 1FER COCKCROFT, ESQ., BCS
CITY ATTORNEY