§ 21-224. Prohibition on the unauthorized placement, erection, or maintenance of temporary shelters on designated public property.

(a)

In this section:

(1)

Designated public property means any of the following:

a.

Any parks, grounds, buildings, facilities, or rights-of-way under the jurisdiction, management, or control of the city parks and recreation board;

b.

Any properties, grounds, buildings, facilities, or rights-of-way owned, leased, or controlled by the city; and

c.

Any vacant and unimproved lots owned, leased, or controlled by the city.

(2)

Temporary shelter means any tent or other type of portable or impermanent structure, whether manufactured or makeshift, in or under which a person can be sheltered or partially sheltered from the elements.

(b)

A person commits an offense if the person places, erects, or maintains a temporary shelter in or upon any designated public property.

(c)

It is a defense to prosecution under subsection (b) of this section that the placement, erection, or maintenance of the temporary shelter by the person on the designated public property was expressly authorized by:

(1)

an ordinance or resolution of the city council;

(2)

a special event permit issued by the city or another license or permit granted by the city;

(3)

a contract with the city; or

(4)

if the designated public property is under the jurisdiction, management, or control of the city parks and recreation board, a permit or other written authorization granted by the board, or by the director of the parks and recreation department.

( Ord. No. 3004, § 2, 2-19-18 )