ORDINANCE NO.   7893

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS ESTABLISHING THE PUBLIC OFFENSE OF ILLEGAL CAMPING.

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, harms the aesthetics of the community, and chills the public’s use of designated park areas, recreation facilities and other city owned property; and

Whereas, private property owners should be protected against the nonconsensual use of their property as living space by others to prevent conditions that might hinder the free enjoyment of their property.

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 enacted:

“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:

(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 in any public park, public recreation facility, or City owned property without the written permission of the City Manager or his or her designee.

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

Section 2.  No existing provision of Article 4 of Chapter XIV of the Code of the City of Lawrence, Kansas, December 2003 edition is repealed by this ordinance, explicitly or by implication.

Section  3.   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 4.  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  ________________, 2005.

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