Item 31 - Second Reading of Ordinance Amending and Adding Provisions to Chapter 10

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Ordinance No. NS-XXX Page 6 of 12 (c) All remedies prescribed under this Article are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy to enforce Sections 10-94 through 10-100 of this Article. (d) A public nuisance may be abated pursuant to this Article if it must be abated immediately in order to avoid an imminent detriment , to the public health, safety, or welfare. Section 4. Article VIII (Camping and Storage of Personal Property) of Chapter 10 is hereby amended to add a new Section and amend others to read as follows: ARTICLE VIII. – CAMPING AND STORAGE OF PERSONAL PROPERTY Sec. 10-400. - Purpose. The public parks, public streets and alleys, public parking lots, public rights -of-way, parkways, public sidewalks, and other publicly-owned or controlled property within the City should be readily accessible and available to residents, businesses and the public at large for their intended purposes. The use of these public areas for Camping purposes and/or for the Storage of Personal Property interferes with the rights of others to use and enjoy these public areas as they are intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. The purpose of this article is to maintain these public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City. Nothing in this article is intended to interfere with otherwise lawful and ordinary uses of public property. Sec. 10-401. - 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 article. (a) Camp or Camping means to pitch, erect, or occupy an encampment, or to use camp paraphernalia or both, for the purpose of, or in a way that facilitates outdoor sheltering for living accommodation purposes, or for remaining outdoors overnight, or to use a vehicle for human habita tion. A person shall be considered to be using property for living accommodation purposes if: the person admits they are camping; the person is using a camp facility or camp paraphernalia between the hours of 10:00 p.m. and 6:00 a.m. to live outdoors or remain outdoors overnight; or, based on the totality of the circumstances, it is established that a person is using the property at any time to live, dwell, or reside, which is exemplified by: the person