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HomeMy WebLinkAboutORD 24-042ORDINANCE NO.24-042 ENTITLED AN ORDINANCE AMENDING CHAPTER 12, SECTION 12.12,001, 12,12.002, 12,12.003, AND 12,12,004 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, TO MAKE CHANGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section t . THAT Chapter 12, Section 12.12.001, 12.12.002, 12.12.003, and 12.12,004 of the Code of Ordinances be and the same is hereby amended by amending the ordinance to comply with the State of Texas law, H.B. No. 1925, prohibiting camping on public property as follows: Sec. 12.12 Camping Prohibited. 12.12.01 Definitions. (a) Definition. For purposes of this article the following word shall have the corresponding definitions: Camp or camping means to use any outdoor area or an area in, on or under any structure not intended for human occupancy not having been issued a Certificate of Occupancy for living accommodation purposes such as, but not limited to the following; (1) To sleep either with or without bedding, or making preparation to sleep, including laying down of bedding, sleeping bag, blanket, mattress, tent, hammock, or other similar protection or equipment for the purpose of sleeping; (2) Storing personal belongings for a period longer than eight consecutive hours; (3) Making a fire; (4) Using any tents, tarpaulin, lean-tos or shelter, or other structure or vehicle for sleeping; or, (5) Performing cooking activities; (b) Interpretation. The activities listed in subsection (a) above shall be presumed to constitute camping and a violation of this chapter when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area for living accommodation purposes regardless of the intent of the participants or the nature of any other activities in which they may be engaging. 12.12.02 Prohibitions. (a) It shall be unlawful for any person to camp anywhere in the City, whether on public or private property, except as expressly permitted in Section 12.12.004 herein. (b) A person who owns property commits an offense if that person allows by acts or omissions prohibited camping on their property. (c) For violations of Section 12,12.002 (b), it shall be the duty of the Enforcement Officer to notify the owner of or person(s) responsible for the property containing the violation by: a. Written notice issued by hand notice in person to property owner or person(s) responsible for the property containing the violation; or b. Certified letter issued to the owner as listed in the Jefferson County District records stating that the violation must be corrected within three (3) calendar days from the date of issuance of the letter. § 12.12.003 Violations; penalty. (a) Every person who violates the provisions of this article shall be guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00); (b) Any peace officer observing any violation of any requirement or prohibition of this article is authorized to issue a citation; and, (c) Sites containing camping in such a condition that they constitute an offense or nuisance, shall be abated in accordance with Chapter 10.01 and Chapter 12.07 of this Code of Ordinances. § 12.12.004 Camping permitted. (a) Camping may be permitted in the City only under the following circumstances; (1) Temporary and recreational camping within the rear yard of private property containing an occupied main building, the duration of which is to not exceed seventy- two (72) hours; (2) Temporary recreational camping events, with prior approval by the City Manager or his designee; (3) Camping to provide emergency shelter during a disaster declared as defined by Chapter 418 of the Texas Local Government Code; or, (4) Camping within an approved Recreational Vehicle Park, as defined in Chapter 24 of this Code of Ordinances, (b) Restrictions on permitted camping. Notwithstanding anything to the contrary in this section, camping shall not be permitted under this section if: (1) The camping is conducted in such a manner as to constitute a nuisance because of noise, inadequate sanitation, or other matters offensive to persons of ordinary sensibility; or (2) The camping is of such frequency, intensity or duration as to constitute a use of land prohibited by any provision of Chapter 28 of this Code of Ordinances. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of August, 2024.