§ 16-31. Camping prohibited within the downtown.

Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Camping means to reside or dwell temporarily in a place, with shelter, and conduct activities of daily living such as eating, sleeping or storage of personal possessions in such place.

Downtown means the lands described in Section 2 of Chapter 2005-346, Laws of Florida, the Charter for the Downtown Development Authority of the City of Fort Lauderdale and depicted on Exhibit "A" (following § 16-31).

Shelter includes, without limitation, any tent, hut, lean-to, shack, tarpaulin, sleeping bag, bedroll, or any form of cover or protection from the elements other than clothing for purposes of sleeping.

Officer means a sworn law enforcement officer.

Public property means any street, alley, sidewalk, pedestrian pathway, bicycle lane, or any other area encompassed within the public right-of-way, any park, or other recreation facility, or any other grounds, buildings, or other facilities owned or leased by the City of Fort Lauderdale.

(a)

It shall be unlawful for any person to engage in camping on public property at any time within the downtown, except in any location where camping has been expressly authorized by the City of Fort Lauderdale or the agency having the control, management and supervision of the public property at issue.

(b)

No officer shall issue a citation, make an arrest or otherwise enforce this section against any person unless:

(1)

The officer orally requests or orders the person to refrain from the alleged violation of this section, and if the person fails to comply after receiving the oral request or order, the person may be cited or arrested for a violation of this section: and

(2)

The officer attempts to ascertain whether the person is in need of medical or human services assistance, including but not limited to mental health treatment, drug or alcohol rehabilitation, or homeless assistance. If the officer determines that the person is in need of the assistance, the officer shall afford the person an opportunity to be transported to either a hospital or a public shelter; and

(3)

The officer shall advise the person that all of his or her personal property which is not taken to the hospital or public shelter accompanying the person, except that which is of no apparent utility or which is in an unsanitary condition, shall be inventoried and stored by the city police department for a maximum of thirty (30) days, until reclaimed; and

(4)

The person who needs medical or human services assistance refuses to be transported to a hospital or public shelter; and

(5)

The person is not in need of medical or human services assistance.

(c)

Any personal property that was inventoried and stored by the city police department for a person transported to a hospital or public shelter under the provisions of this section which has not been reclaimed within thirty (30) days of the date the personal property was inventoried and stored shall be deemed abandoned and disposed of according to F.S. Ch. 705.

(d)

Being in a shelter or being above, atop or covered by materials on public property may be evidence of camping, but not alone sufficient to constitute a violation of this section. One (1) or more of the following activities shall also exist to determine whether the conduct is for the purposes of daily living:

(1)

Numerous items of personal possessions are present;

(2)

The person is engaged in cooking activities;

(3)

The person has built or is maintaining a fire;

(4)

The person has engaged in digging or earth breaking activities;

(5)

The laying down of bedding, such as a mat, blanket, sleeping bag or similar material for the purpose of sleeping.

(e)

Violations of this section shall be punishable as provided in section 1-6 of this Code.

( Ord. No. C-14-41, § 1, 9-16-14 )