ORDINANCE NO.   7960

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS AMENDING THE PUBLIC OFFENSE OF ILLEGAL CAMPING TO INCLUDE CAMPING ON PUBLIC PROPERTY WITHIN THE C-3 ZONING DISTRICT.

Whereas, the governing body of the City of Lawrence, Kansas is entrusted with the responsibility to establish reasonable laws, policies and regulations to further the general public health, safety, welfare, and economic vitality of the community; and

Whereas, camping in areas not designed or designated for that purpose presents a risk to the public health and sanitation of the community, and harms the aesthetics of the community; and

Whereas, the C-3 central commercial zoning district is among the highest density commercial uses in the City; there are no mandated setbacks between the public right of way and the fronts of the businesses in this district; pedestrian traffic on the public sidewalks is an important means of accessing businesses in the C-3 district; and as such the C-3 district is not designed for nor amenable to the practice of camping.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section  1.  Section 14-417 of Article 4 of Chapter XIV of the Code of the City of Lawrence, Kansas, December 2003 edition, is hereby amended to read as follows:

“14-417      ILLEGAL CAMPING

(A) Definitions

(1) “Camping” shall mean the use of land to conduct one or more specified activities when, based upon such use, it reasonably appears in light of all the circumstances that the participants, in conducting the specified activities, are using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may be engaging.  Camping shall not include residing in a permanent structure that may be lawfully occupied as a permanent or temporary residence.

(2) “Specified activities” shall include one or more of the following:

(a) sleeping or making preparations to sleep such as laying down bedding.

(b) storing personal belongings including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware, and similar materials.

(c) making any fire for the purposes of warmth, or of cooking.

(d) erecting a tent, lean-to or other similar temporary structure.

(B) It shall be illegal to engage in camping on private property without the consent of the property’s owner.

(C) It shall be illegal to engage in camping on any public right of way or public property located within the area of the city zoned C-3as defined by Chapter 20 of this code.

(D) Penalty

Upon conviction for a violation of this section, the violator shall be fined in an amount not to exceed $1000 dollars, or sentenced to a jail term not to exceed 6 months, or both.

Section  2.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of ________________, 2006.

PASSED:

Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

David L. Corliss, Assistant City Manager

and Director of Legal Services